BSA Section 39: Opinions of experts
Bharatiya Sakshya Adhiniyam, 2023 · Chapter 2: Relevancy of Facts
Also available in: हिंदी
¶39.
(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, is a relevant fact.
Explanation.\u2014For the purposes of this sub-section, an Examiner of Electronic Evidence shall be an expert.
Study: explanations and related material
Replaces IEA 45, IEA 45A. IEA → BSA converterSource: BPR&D BSA–IEA corresponding section table (UP Police, 2024-07-03)
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 3. Evidence may be given of facts in issue and relevant facts
- 4. Relevancy of facts forming part of same transaction
- 5. Facts which are occasion, cause or effect of facts in issue or relevant facts
- 6. Motive, preparation and previous or subsequent conduct
- 7. Facts necessary to explain or introduce fact in issue or relevant facts
- 8. Things said or done by conspirator in reference to common design
- 9. When facts not otherwise relevant become relevant
- 10. Facts tending to enable Court to determine amount are relevant in suits for damages
- 11. Facts relevant when right or custom is in question
- 12. Facts showing existence of state of mind, or of body or bodily feeling
- 13. Facts bearing on question whether act was accidental or intentional
- 14. Existence of course of business when relevant
- 15. Admission defined
- 16. Admission by party to proceeding or his agent
- 17. Admissions by persons whose position must be proved as against party to suit
- 18. Admissions by persons expressly referred to by party to suit
- 19. Proof of admissions against persons making them, and by or on their behalf
- 20. When oral admissions as to contents of documents are relevant
- 21. Admissions in civil cases when relevant
- 22. Confession caused by inducement, threat, coercion or promise, when irrelevant in criminal proceeding
- 23. Confession to police officer
- 24. Consideration of proved confession affecting person making it and others jointly under trial for same offence
- 25. Admissions not conclusive proof, but may estop
- 26. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
- 27. Relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated
- 28. Entries in books of account when relevant
- 29. Relevancy of entry in public record or an electronic record made in performance of duty
- 30. Relevancy of statements in maps, charts and plans
- 31. Relevancy of statement as to fact of public nature contained in certain Acts or notifications
- 32. Relevancy of statements as to any law contained in law books including electronic or digital form
- 33. What evidence to be given when statement forms part of conversation, document, electronic record, book or series of letters or papers
- 34. Previous judgments relevant to bar a second suit or trial
- 35. Relevancy of certain judgments in probate, etc., jurisdiction
- 36. Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35
- 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
- 40. Facts bearing upon 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
- 44. Opinion on relationship, when relevant
- 45. Grounds of opinion, when relevant
- 46. In civil cases character to prove conduct imputed, irrelevant
- 47. In criminal cases previous good character relevant
- 48. Evidence of character or previous sexual experience not relevant in certain cases
- 49. Previous bad character not relevant, except in reply
- 50. Character as affecting damages