Section 116 of BSA : Section 116: Birth during marriage, conclusive proof of legitimacy.

Explanation using Example

Example 1:

Ravi and Priya were married in 2018. In 2021, Priya gave birth to a baby boy, Arjun. Ravi and Priya were living together as a married couple during the time Arjun was conceived. According to Section 116 of The Bharatiya Sakshya Adhiniyam 2023, Arjun is conclusively presumed to be the legitimate child of Ravi, as he was born during the continuance of their valid marriage.

Example 2:

Sunil and Meera were married in 2015 but got divorced in January 2022. In July 2022, Meera gave birth to a baby girl, Ananya. Since Ananya was born within 280 days after the dissolution of Sunil and Meera's marriage, and Meera did not remarry during this period, Ananya is conclusively presumed to be the legitimate child of Sunil under Section 116 of The Bharatiya Sakshya Adhiniyam 2023, unless it can be proven that Sunil and Meera had no access to each other during the time Ananya could have been conceived.

Example 3:

Amit and Sita were married in 2010 but separated in 2018, although they did not legally divorce. In 2020, Sita gave birth to a baby boy, Rohit. Amit claims that he is not the father of Rohit. However, under Section 116 of The Bharatiya Sakshya Adhiniyam 2023, Rohit is presumed to be Amit's legitimate child because he was born during the continuance of their valid marriage. Amit would need to provide evidence that he and Sita had no access to each other during the time Rohit could have been conceived to challenge this presumption.

Example 4:

Neeraj and Kavita were married in 2012 and got divorced in March 2021. Kavita remained unmarried after the divorce. In December 2021, Kavita gave birth to a baby girl, Pooja. Since Pooja was born within 280 days after the dissolution of Neeraj and Kavita's marriage, and Kavita did not remarry, Pooja is conclusively presumed to be the legitimate child of Neeraj under Section 116 of The Bharatiya Sakshya Adhiniyam 2023, unless it can be shown that Neeraj and Kavita had no access to each other during the time Pooja could have been conceived.