RELEVANT PROVISIONS FROM INDIAN EVIDENCE ACT,1872

[SECTIONS.- 50,112,113A,113B,122]

 

S. 50. Opinion or 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 Indian Divorce Act, 1869 ( 4 of 1869) or in prosecutions under Section 494,495,497 of 498 of the Indian Penal Code, 1860 (45 of 1860).

 

S.112. Birth during marriage, conclusive proof of legitimacy.- 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 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.

 

[113.A. Presumption as to abetment of suicide by a married woman.- When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.

 

Explanation.- For the purposes of this section, “cruelty” shall have the same meaning as in Section 498-A of the Indian Penal Code, 1860 (45 of 1860).]

 

[S. 113-B. Presumption as to dowry death.- When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death.

 

Explanation.- For the purposes of this section, “cruelty” shall have the same meaning as in Section 304B of the Indian Penal Code, 1860 (45 of 1860).]

 

S.122. Communications during marriage.- No person who is or has been married shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication, unless the person who made it, or his representative-in-interest consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other.