Indian Evidence Act, 1872Bharatiya Sakshya Adhiniyam, 2023

IEA 46BSA 40

Facts bearing upon opinions of experts

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Under Section 40 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 46 of the Indian Evidence Act, 1872)...

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 is IEA 46 equivalent in BSA?

IEA Section 46 (Facts bearing upon opinions of experts) corresponds to Section 40 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

What changed between IEA 46 and BSA 40?

No change.

How do I cite BSA 40 in a pleading?

Under Section 40 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 46 of the Indian Evidence Act, 1872)...

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