Bharatiya Sakshya Adhiniyam, 2023 · Chapter II: Relevancy of Facts · Opinions of third persons when relevant
Section 44: Opinion on relationship, when relevant
In plain words
When the court must decide how one person is related to another, the opinion, shown by conduct, of a family member or other person with special knowledge is relevant. But it is not enough to prove a marriage in proceedings under the Divorce Act, 1869, or in bigamy prosecutions under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023.
Example: That A and B were usually treated by their friends as husband and wife is relevant to whether they were married.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official 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 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 44
No Supreme Court judgment in our database cites this section yet.