BSA · Bharatiya Sakshya Adhiniyam, 2023
Section 40 — Facts bearing upon opinions of experts.
Replaces Evidence Act Section 46.
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.
Nearby sections
- 37 Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant.
- 38 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved.
- 39 Opinions of experts.
- 41 Opinion as to handwriting and signature, when relevant.
- 42 Opinion as to existence of general custom or right, when relevant.
- 43 Opinion as to usages, tenets, etc., when relevant.
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