Under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023, the birth of a child during a valid marriage is considered conclusive proof of legitimacy. This means that if a child is born while the parents are married, or within 280 days after the marriage is dissolved (provided the mother remains unmarried), the child is presumed to be legitimate.
However, this presumption can be challenged if it is proven that the parents had no access to each other during the time when the child could have been conceived.
