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.
Section 112: Birth during marriage, conclusive proof of legitimacy
The Indian Evidence Act, 1872Central Act · Act 1 of 1872
Repealed. This text is published for reference. It is not in force, and it should not be relied on as current law without checking what replaced it. Repealed by the Bharatiya Sakshya Adhiniyam, 2023, with effect from 1 July 2024
Where this provision sits
| Act | The Indian Evidence Act, 1872 |
|---|---|
| Section | 112 |
| Marginal note | Birth during marriage, conclusive proof of legitimacy |
| Jurisdiction | Central |
| Status | Repealed |
| Judgments citing it | 39 |
Judgments that turned on this provision
- CRR/859/2024 of ISHWARLAL SAHU Vs SMT RAMESHWARI BAIHigh Court of Chhattisgarh · 2026-01-30
- CRP/5597/2025 of DHINAKARAN Vs DHINASELVANMadras High Court · 2025-12-08
- R. RAJENDRAN vs KAMAR NISHASupreme Court of India · 2025-11-10
- WP/10315/2023 of SHRI. DATTATRAYA KRUSHNAT PANDAV AND ANR Vs SHRI. JAHANGIR JALAL MUJAWAR AND ANRBombay High Court · 2025-10-14
- CO/1915/2019 of SITARAM KHAN Vs PUSPA RANI KHAN & ANRCalcutta High Court · 2024-03-12
- ASHOK KUMAR vs SMT. RAJ GUPTASupreme Court of India · 2021-10-01
- APL/314/2015 of KEWALDAS PUNAJI GEDAM Vs MEENA KEWALDAS GEDAM AND ANOTHERBombay High Court · 2017-06-13
- APPLN/3701/2015 of BHANUDAS NARAYAN NIRMAL Vs MAHANANDA W/O BHANUDAS NIRMAL AND ORSBombay High Court · 2016-09-20
- APPLN/1927/2014 of MANCHAK BABASAHEB SONNAR Vs PARUBAI MANCHAK SONNAR AND ANOTHERBombay High Court · 2015-09-21
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