Indian Evidence Act, 1872 · Chapter II: Of the Relevancy of Facts · Opinions of third persons when relevant
Section 50: Opinion on relationship, when relevant
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
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 sections 494, 495, 497 or 498 of the Indian Penal Code (45 of 1860).
Illustrations
(a) The question is, whether A and B, were married. The fact that they were usually received and treated by their friends as husband and wife, is relevant. 1. Ins. by Act 21 of 2000, s. 92 and the Second Schedule (w.e.f. 17-10-2000). 2. Subs. by Act 10 of 2009, s. 52, for “digital signature” (w.e.f. 27-10-2009). 3. Subs. by s 52, ibid., for “Digital Signature Certificate” (w.e.f. 27-10-2009).
(b) The question is, whether A was the legitimate son of B. The fact that A was always treated as such by members of the family, is relevant.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 50
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Dharmrao Sharanappa Shabadi and Others v. Syeda Arifa Parveen
Whether the impugned judgments suffer from perversity and misreading of evidence, warranting re-appreciation of evidence under Article 136 of the Constitution of India; whether the High Court is correct in reversing the…
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Chowdamma (D) by Lr and Another v. Venkatappa (D) by Lrs and Another
Issue arose whether the respondents succeeded in establishing a valid marital relationship between their mother and the deceased primarily on the basis of the oral testimony of P.W.2; and whether the relationship…