Paternity Presumption — BSA Section 116
What most people assume
If biological paternity is disputed, a DNA test simply settles the question.
What the law actually says
Bharatiya Sakshya Adhiniyam (BSA) section 116 — carrying forward the earlier Evidence Act section 112 — provides that birth during a valid marriage (or within 280 days of its dissolution, where the mother remains unmarried) is conclusive proof of legitimacy, unless it can be shown that the spouses had no access to each other at any time when the child could have been conceived. The Supreme Court has repeatedly treated DNA testing in such disputes as an exceptional step rather than a routine, automatic one.
Who this applies to
- A child born during a valid marriage, and the husband to whom that presumption of legitimacy attaches
Why it exists
The presumption exists to protect a child's legitimacy, inheritance rights and social status against a legal system that would otherwise leave paternity permanently open to challenge, and to avoid speculative, repeated legal attacks on a marriage in the absence of strong proof.
Where the asymmetry is
The presumption operates specifically against the husband: he is the party legally fixed as the father unless non-access is shown, and he is the party who must generally justify why a court should permit DNA testing to unsettle that presumption.
What this does not mean
That DNA evidence is meaningless, or that courts never order it. It means legal paternity and biological paternity are treated as separable questions: a man legally treated as the father under this presumption is not automatically entitled to a DNA test simply because he doubts biological fatherhood — courts weigh the presumption, the child's interests, and privacy considerations before ordering testing.
Safeguards / limits
- The presumption is rebuttable on proof of non-access between the spouses
- Courts retain discretion to order DNA testing in appropriate cases, balancing the presumption against the interests of justice and the child
Ground reality
The gap between “I want certainty” and “a court will order a test” is the single most misunderstood part of Indian paternity law. Many men assume a DNA test is a right on request. Courts have consistently treated it as a step that requires a threshold showing, not a formality.
Why the reader needs to care now
If doubt about paternity ever enters a marriage, understanding that biology and legal fatherhood are not automatically the same question — before you act on that doubt — changes what evidence you would need, and what a court is actually likely to do with a bare request for testing.
Related cases
Primary source
Bharatiya Sakshya Adhiniyam, 2023 — India Code →
LAW CHECKED · 08 SEPT 2026