Bharatiya Sakshya Adhiniyam, 2023
BSA Section 40
Facts bearing upon opinions of experts
In one line
BSA Section 40 deals with facts bearing upon opinions of experts and replaces Evidence Act 46.
Bare act text — BSA 40
40. Facts bearing upon opinions of experts.
Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant. Illustrations. (a) The question is, whether A was poisoned by a certain poison. The fact that other persons, who were poisoned by that poison, exhibited certain symptoms which experts affirm or deny to be the symptoms of that poison, is relevant. (b) The question is, whether an obstruction to a harbour is caused by a certain sea-wall. The fact that other harbours similarly situated in other respects, but where there were no such sea-walls, began to be obstructed at about the same time, is relevant.
Frequently asked
What was BSA Section 40 in the Evidence Act?
BSA Section 40 (Facts bearing upon opinions of experts) replaces Section 46 of the Indian Evidence Act, 1872. Evidence Act 46 is now BSA 40.
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Nearby BSA sections
- 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 39 — 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
- BSA 45 — Grounds of opinion, when relevant