About: Section 112 of the Indian Evidence Act, 1872 relates to the legitimacy of a child born during wedlock. The law presumes that if a child is “born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty (280) days after its dissolution, the mother remaining unmarried…”, it is conclusive proof of its legitimacy unless it can be proven that the parties to the marriage did not have any access to one another.
Detail: The legislative spirit behind this section seeks to establish that any child born during a valid marriage must be legitimate. The law does not presume dishonourable or immoral actions unless conclusive proof can be produced for the same. Therefore, section 112 is based on the presumption of public morality and public policy.
