Section 116 of the Bharatiya Sakshya Adhiniyam, 2023, deals with:
Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 112 of the Indian Evidence Act, 1872) is titled 'Birth during marriage, conclusive proof of…
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Section 116 of the Bharatiya Sakshya Adhiniyam, 2023, deals with:
Answer and explanation
Correct answer C
Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 112 of the Indian Evidence Act, 1872) is titled 'Birth during marriage, conclusive proof of legitimacy' and provides that the fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate child of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten. By contrast, presumption as to dowry death is under Section 118 (formerly Section 113B of the IEA), presumption as to abetment of suicide by a married woman is under Section 117 (formerly Section 113A of the IEA), and burden of proof as to a particular fact is under Section 106 (formerly Section 103 of the IEA).
Option feedback
Option A
Incorrect: Presumption as to dowry death is governed by Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 113B of the IEA).
Option B
Incorrect: Presumption as to abetment of suicide by a married woman is governed by Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 113A of the IEA).
Option C
Correct: Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 112 of the IEA) is titled 'Birth during marriage, conclusive proof of legitimacy'.
Option D
Incorrect: Burden of proof as to a particular fact is governed by Section 106 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 103 of the IEA).
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