Abstract

The section 112 of the Indian evidence acts deals with the conclusive proof of legitimacy of the child born during the existence of a valid marriage or a child being born after 280 days of dissolution of marriage provided that the mother remained unmarried. The section allows only one exception which is of non-access. 2023 turned out to be a year where the courts series of judgment have taken a literal interpretation of the case had held that as long as the couple have access to each other the child born will be legitimate, the supreme court had also gone to the extent to state that even if the wife is in an adulterous relationship the presumption of the legitimacy of the child cannot be uprooted under the section 112 of the evidence act. This brings us to the question of how effective the section 112 of the evidence act in reality is and whether the section is still effective in current times thus the aim of this paper is to understand the section 112 as well as to analyze the reason behind the varying judgements by the courts; while also understanding the impact of the advancement of science on this section and by finally concluding by determining the lacunae present in the section and how to fill the gap present.

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