Bharatiya Sakshya Adhiniyam, 2023
BSA Section 39
Opinions of experts
In one line
BSA Section 39 deals with opinions of experts and replaces Evidence Act 45 (now 39(1)), Evidence Act 45A (now 39(2)).
Bare act text — BSA 39
39. Opinions of experts.
(1) When the Court has to form an opinion upon a point of foreign law or of science or art, or any other field, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or any other field, or in questions as to identity of handwriting or finger impressions are relevant facts and such persons are called experts. Illustrations. (a) The question is, whether the death of A was caused by poison. The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant. (b) The question is, whether A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law. The opinions of experts upon the question whether the symptoms exhibited by A commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant. (c) The question is, whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A. The opinions of experts on the question whether the two documents were written by the same person or by different persons, are relevant.
(2) When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000 (21 of 2000), is a relevant fact. Explanation.--For the purposes of this sub-section, an Examiner of Electronic Evidence shall be an expert.
What changed from the Evidence Act
- Evidence Act 45 → BSA 39(1): Words "or any other field" are added.
- Evidence Act 45 → BSA 39(1): Thus, scope is expanded greatly.
- Evidence Act 45A → BSA 39(2): Heading is dropped as section is added as a subsection.
Frequently asked
What was BSA Section 39 in the Evidence Act?
BSA Section 39 (Opinions of experts) replaces Sections 45, 45A of the Indian Evidence Act, 1872. Evidence Act 45 is now BSA 39(1). Evidence Act 45A is now BSA 39(2).
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Nearby BSA sections
- BSA 34 — Previous judgments relevant to bar a second suit or trial
- BSA 35 — Relevancy of certain judgments in probate, etc., jurisdiction
- BSA 36 — Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
- BSA 37 — Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
- BSA 38 — Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
- BSA 40 — Facts bearing upon opinions of experts
- BSA 41 — Opinion as to handwriting and signature, when relevant
- BSA 42 — Opinion as to existence of general custom or right, when relevant
- BSA 43 — Opinion as to usages, tenets, etc., when relevant
- BSA 44 — Opinion on relationship, when relevant