Section 112 of the Indian Evidence Act, 1872 provides a legal presumption that a child born during a valid marriage, or within 280 days after its dissolution, is considered the legitimate child of the husband, unless it is proven that the husband had no access to the wife during the time the child could have been conceived.
🔹 Full Text of Section 112:
“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 its 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.”
🔹 Purpose of the Section
- To protect the legitimacy of children born in wedlock.
- To prevent social stigma attached to children in case of marital disputes.
- To ensure stability of family relationships.
- To reduce unnecessary litigation regarding paternity.
🔹 Key Legal Points
- Conclusive Proof:
The legitimacy is presumed and cannot be questioned unless non-access between husband and wife is clearly proved. - Burden of Proof:
The person challenging the child’s legitimacy must prove that the husband and wife had no access during the period of conception. - Applicable Period:
The rule applies to:- Children born during the marriage
- Children born within 280 days after divorce or death, if the woman has not remarried
- DNA Tests and Modern View:
Indian courts have cautiously used DNA tests in paternity disputes. However, even DNA results cannot override Section 112 unless non-access is established.
🔹 Example Case
If a husband claims that a child born during the marriage is not his, he must prove he had no physical relationship with the wife during conception time. Merely suspecting infidelity or producing a DNA test may not be enough if access was possible.
🔹 Supreme Court View
The Supreme Court of India has stated that:
“The presumption under Section 112 is one of the strongest presumptions in law. It can only be rebutted by strong evidence of non-access.”
This means DNA evidence alone does not invalidate the legitimacy, unless it accompanies proof of no opportunity of sexual relations between husband and wife.
🔹 Impact on Women and Children
- Protects women from allegations of infidelity in matrimonial disputes.
- Shields children from being labeled “illegitimate”.
- Ensures that father’s responsibility is not denied without strong legal basis.
🔹 Conclusion
Section 112 of the Indian Evidence Act plays a vital role in protecting the legal status and dignity of children and women in Indian society. While science offers DNA testing, the law emphasizes social justice and family preservation by requiring strong evidence before declaring a child illegitimate.
