In this article, we will introduce you to Bharatiya Sakshya Adhiniyam Section 44. In today’s article we will talk about what is Bharatiya Sakshya Adhiniyam (BSA Section 44)?
The Bharatiya Sakshya Adhiniyam, 2023 aims to unify and establish standardized rules and principles of evidence to ensure fair trials in criminal cases. The previous Indian Evidence Act has become outdated and does not adequately address the requirements of the modern era. This new Bill intends to overhaul the evidence laws by updating them to reflect current public needs and aspirations.
Definition of Bharatiya Sakshya Adhiniyam (BSA) Section 44
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 Divorce Act, 1869, or in prosecution under sections 82 and section 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.