IEA §50 → BSA §44
Opinion on relationship, when relevant
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Comparison
50. 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 Indian Divorce Act, 1869 (4 of 1869), or in prosecutions under section 494, 495, 497 or 498 of the Indian Penal Code (45 of 1860). 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. 1. Ins. by Act 21 of 2000, s. 92 and the Second Schedule (w.e.f. 17-10-2000). 2. Subs. by Act 10 of 2009, s. 52, for “digital signature” (w.e.f. 27-10-2009). 3. Subs. by s 52, ibid., for “Digital Signature Certificate” (w.e.f. 27-10-2009). (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.
44. 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, 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, whetherAwas the legitimate son of B. The fact thatAwas always treated as such by members of the family, is relevant.
What changedAI-inferred
Opinion on relationship, when relevant.
Old position
IEA 50 is concerned with Opinion on relationship, when relevant. Opinion on relationship, when relevant
New position
BSA 44 preserves the framework with drafting modernisations as required by the new code. Topic: When the Court has to form an opinion as to the relationship.. 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
BSA 44 (When the Court has to form an opinion as to the relationship.) preserves the framework of IEA 50. BSA 44 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 44 text: When the Court has to...
Editorial deltaAI-indicated (source-linked)
BSA 44 (When the Court has to form an opinion as to the relationship.) preserves the framework of IEA 50. BSA 44 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 44 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 50 continues to apply. For matters from that date forward, BSA 44 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 44 (When the Court has to form an opinion as to the relationship.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §50 → BSA §44 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/iea/50.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.