LIJDLR

THE PRESUMPTION OF LEGITIMACY IN THE LIGHT OF DNA EVIDENCE

THE PRESUMPTION OF LEGITIMACY IN THE LIGHT OF DNA EVIDENCE

Mr. Vijay Shekhar, Assistant Professor, Amity Law School, Ranchi, Amity University Jharkhand.

ABSTRACT

A rule of “conclusive proof” is enshrined in Section 112 of the Act on the legitimacy of a child born either (1) while the mother of the kid is still married to a man or (2) if the child was born 280 days after the marriage ended and the mother is still single. “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” is the only situation in which the criterion is not applicable. Nonetheless, technological advancements have enabled us to definitively establish a child’s paternity. Considering this, the current research article examines the employability of forensic and scientific evidence in relation to the relevant portion of the Act.