SECTION 44 – Opinion on relationship, when relevant.

The Bharatiya Sakshya Adhiniyam, 2023

SECTION 44

Opinion on relationship, when relevant.

Opinion on relationship, when relevant .—When the Court has to form an opinion as to the
relationship of one person to another, the opinion, expressed by conduct, as to the existence of such
relationship, of any person who, as a member of the family or otherwise, has special means of knowledge
on the subject, is a relevant fact:
Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the
Divorce Act, 1869 (4 of 1869), or in prosecution under sections 82 and 84 of the Bharatiya Nyaya
Sanhita, 2023.
Illustrations.
(a) The question is, whether A and B were married. The fact that they were usually received and
treated by their friends as husband and wife, is relevant.
(b) The question is, whether A was the legitimate son of B. The fact that A was always treated as
such by members of the family, is relevant.