Download This PaperAppreciation of Forensic Evidences Under Section 112 of the Indian Evidence Act, 1872
15 Pages Posted: 13 May 2020
Date Written: April 19, 2019
Abstract
Section 112 of the Indian Evidence Act enshrines in itself a rule of ‘conclusive proof’ as to the legitimacy of a child born (1) during the continuance of a valid marriage between the child’s mother and any man or (2) if the child was born 280 days after the dissolution of marriage, the mother remaining unmarried. The only exception to the said rule is where ‘it can be shown that the parties to the marriage had no access to each other at any time when the child could have been begotten’. However, it shall be brought to the consideration of the general populace that the shift in the technology has made it possible for us to conclusively determine the paternity of a child. Be that as it may, the same shall be in the scope of the evidence law of the nation as well. Thus, the present research paper ventures into analysing the scope of employability of forensic and scientific evidences for the purpose of the concerned section of the Indian evidence laws.
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