Opinion on relationship, when relevant.
What this section does
When a court must determine the relationship between persons, the opinion expressed by conduct of any person who, as a family member or otherwise, has special means of knowledge of that relationship, is a relevant fact. However, such opinion alone is insufficient to prove marriage in Divorce Act proceedings or in prosecutions under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Opinion expressed by conduct of a person with special knowledge of a relationship is relevant, but cannot alone prove marriage in specified proceedings.
When it applies
- The fact that A and B were habitually received and treated by their friends as husband and wife is relevant to prove their marriage.
- The fact that A was always treated as B's legitimate son by family members is relevant to prove legitimacy.
Practitioner note
The proviso updates the cross-reference from IPC sections on bigamy/adultery to the corresponding BNS 2023 sections (82 and 84).
Derived from IEA s.50.
Read the official text
For the binding statutory text of BSA Section 44, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 44 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.