Evidence Act 1893 · 2020 Revised Edition · Part 1 · Relevancy of Facts
52. Opinion on relationship when relevant
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When the court has to form an opinion as to the relationship of one person to another, the opinion expressed by conduct as to the existence of such relationship of any person who as a member of the family or otherwise has special means of knowledge on the subject is a relevant fact.
court
“court” includes all Judges and Magistrates and, except arbitrators, all persons legally authorised to take evidence;
Such opinion is not sufficient to prove a marriage in prosecutions under section 6A of the Women’s Charter 1961.Illustrations (a) The question is whether A and B were married. The fact that they were usually received and treated by their friends as husband and wife is relevant. (b) The question is whether A was a legitimate son of B. The fact that A was always treated as such by members of the family is relevant.
fact
“fact” includes —(a)any thing, state of things, or relation of things, capable of being received by the senses; and(b)any mental condition of which any person is conscious;Illustrations(a) That there are certain objects arranged in a certain order in a certain place is a fact.(b) That a man heard or saw something is a fact.(c) That a man said certain words is a fact.(d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.(e) That a man has a certain reputation is a fact.