Indian Evidence Act, 1872 · Chapter VII: Of the Burden of Proof
Section 112: Birth during marriage, conclusive proof of legitimacy
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
A person born during a valid marriage between their mother and a man, or within two hundred and eighty days after it ended with the mother remaining unmarried, is conclusively presumed to be that man's legitimate child, unless it is shown that the spouses had no access to each other at any time when the child could have been conceived.
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
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 son 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.
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 (Legislative Department), the text of the Act as it stood before its repeal. 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.
Supreme Court judgments citing the section 112
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R. Rajendran v. Kamar Nisha and Others
The High Court directed the appellant to appear before a Hospital for collection of blood samples for DNA profiling. Whether the High Court was justified in directing the appellant to undergo DNA testing.
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Ivan Rathinam v. Milan Joseph
Whether the presumption of legitimacy, if not displaced, determines paternity in law; whether the Civil Court had the jurisdiction to entertain the Original Suit and whether the Family Court was entitled to reopen the…
- Supriyo @ Supriya Chakraborty & Anr. v. Union
- Aparna Ajinkya Firodia v. Ajinkya Arun Firodia
- Ashok Kumar v. Raj Gupta & Ors.
- M/S Bhuwalka Steel Industries Ltd. & Anr. v. Union of India & Ors.
- Mukesh & Anr. v. State for NCT of Delhi & Ors.
- Dipanwita Roy v. Ronobroto Roy
- Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik & Anr.
- Bhabani Prasad Jena v. Convenor Secretary, Orissa State Commission for Women & Anr.
- Bharatha Matha & Anr. v. R. Vijaya Renganathan & Ors.
- Shyam Lal @ Kuldeep v. Sanjeev Kumar & Ors
- Shri Banarsi Dass v. Mrs. Teeku Dutta and Anr.
- Zile Singh v. State of Haryana and Ors.
- Sharda v. Dharmpal
- Smt. Kanti Devi and Anr. v. Poshi Ram
- Sanjay Dutt v. The State Through C.B.I. Bombay
- Goutam Kundu v. Stte of West Bengal and Anr.
- Dukhtarjahan v. Mohammed Farooq
- Perumal Nadar (Dead) by L.Rs. v. Ponnuswami
- Ammathayee Ammal & Anr. v. Kumaresan & Others
- Mahendra Manilal Nanavati v. Sushila Mahendra Nanavati
- Chilukuri Yenkateswarlu v. Chilukuri Venkatanarayana.