Birth during marriage is conclusive proof of legitimacy provided the child is born during the continuance of a valid marriage or within a specified time period after its dissolution, the mother remaining unmarried. What is that specified time period?

Correct option is C

The correct option is (c) Two hundred and eighty days.

Explanation

Under the Bharatiya Sakshya Adhiniyam (BSA), 2023, the legal presumption regarding the legitimacy of a child is found in Section 116 (which corresponds to Section 112 of the old Indian Evidence Act, 1872).

• The Rule: The law states that a child born during the continuance of a valid marriage is conclusively presumed to be legitimate.
• Post-Dissolution Period: If the marriage is dissolved (by death or divorce), the same "conclusive proof" applies if the child is born within two hundred and eighty days after the dissolution, provided the mother has remained unmarried during that time.
• The Exception: This presumption is so strong that it can only be rebutted by proving "non-access"—meaning that the parties to the marriage had no opportunity for physical intercourse at any time when the child could have been begotten.

Information Booster:

Section 116 of BSA 2023 is based on the principle of Pater est quem nuptiae demonstrant (The father is he whom the nuptials indicate).

• Conclusive Proof: This is the highest degree of legal presumption. Once the birth within 280 days is proven, the court shall not allow evidence to be given to disprove legitimacy, except for the specific proof of non-access.
• The 280-Day Logic: This time frame is based on the average human gestation period (approx. 9 months and 10 days), ensuring that children conceived just before a divorce or a husband's death are legally protected.
• Standard of Proof for Non-Access: The "non-access" must be proved beyond reasonable doubt. Mere suspicion or even a DNA test (in some judicial interpretations) might not be enough to override this section if physical access was even slightly possible.