Sexual offences and forensic psychiatry: legitimacy of a child: practice question

A Forensic Medicine question in the style of the NEET PG paper. Answer it first, then read why the right option is right and why each of the others is wrong.

Try it

Forensic Medicine · Sexual offences and forensic psychiatry: legitimacy of a child

Sample item

A child is born 270 days after the death of the mother's husband, and the mother has not remarried. How does Indian law treat the child's legitimacy?

APresumed to be the child of a later partnerBPresumed illegitimate because the birth is after the marriage endedCConclusively presumed legitimate unless non-access to the husband is provedDLegitimate only if a DNA test is done

Original practice item, not a recalled exam question. Nothing here is recorded.

The answer and the reasoning

C. Conclusively presumed legitimate unless non-access to the husband is proved

Under the Indian law of evidence, birth during a valid marriage, or within 280 days after its end while the mother remains unmarried, is conclusive proof of legitimacy unless it is shown that the parties had no access to each other when the child could have been conceived. The 270 days fall inside this period. Courts may allow DNA evidence in special circumstances.

Option by option

A. Presumed to be the child of a later partner
A later partner is not assumed when the mother remained unmarried.
B. Presumed illegitimate because the birth is after the marriage ended
The presumption covers births up to 280 days after the end of the marriage, so a birth at 270 days is within it.
C. Conclusively presumed legitimate unless non-access to the husband is proved (correct)
Correct. Birth within 280 days of the end of the marriage gives a presumption of legitimacy.
D. Legitimate only if a DNA test is done
DNA testing is not a condition for the presumption of legitimacy.

Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.

Questions about this Forensic Medicine question

What is the answer to this Forensic Medicine question?

The best answer is C, Conclusively presumed legitimate unless non-access to the husband is proved. Under the Indian law of evidence, birth during a valid marriage, or within 280 days after its end while the mother remains unmarried, is conclusive proof of legitimacy unless it is shown that the parties had no access to each other when the child could have been conceived.

Why is "Presumed to be the child of a later partner" not the answer?

A later partner is not assumed when the mother remained unmarried.

Why is "Presumed illegitimate because the birth is after the marriage ended" not the answer?

The presumption covers births up to 280 days after the end of the marriage, so a birth at 270 days is within it.

Why is "Legitimate only if a DNA test is done" not the answer?

DNA testing is not a condition for the presumption of legitimacy.

What concept does this question test?

It tests Sexual offences and forensic psychiatry: legitimacy of a child in Forensic Medicine. The 270 days fall inside this period. Courts may allow DNA evidence in special circumstances.

How hard is this question?

We tag it as an application question: it asks you to use a fact on a patient or a finding. The tag is our own editorial judgement, not an official difficulty rating, so read the reason for every option, not only the answer.

How should I study Sexual offences and forensic psychiatry: legitimacy of a child?

Learn postmortem changes with their timelines, and toxicology as poison, sign, test and antidote. Then use the flashcards and the other Forensic Medicine questions on this site to test what stuck.

Is this a real NEET PG question?

No. It is an original practice item (editorial status: sample, version 1). NextPrep does not publish recalled or leaked questions, and independent faculty review of this item has not been completed yet, so confirm important facts in a standard textbook.