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Law · Q373

Indian Evidence Act

Graduate and Post Graduate · Law · question 373

Q373

Birth during subsistence of marriage is a conclusive proof of legitimacy. This provision is found which following Sections of the Indian Evidence Act?

A.
Section 110
B.
Section 112
Answer
C.
Section 112A
D.
Section 121

Answer: Option B

Solution

Answer: Option B
Solution:
Section 112 of the Indian Evidence Act deals with the presumption of legitimacy of a child born during the continuance of a valid marriage. According to this section, if a child is born to a woman during the subsistence of a valid marriage or within 280 days after its dissolution, the child is considered to be the legitimate child of that woman's husband unless proved otherwise. This provision establishes a strong presumption of legitimacy based on the birth occurring during the marriage.

Therefore, the correct answer is:
B. Section 112