IEA 46→BSA 40

IEA 46 to BSA 40: Facts bearing upon opinions of experts

Section 46 IEA (1872) replaced by Section 40 BSA (2023)

View IEA Section 46 →View BSA Section 40 →

IEA 46 to BSA 40 at a Glance

Section 46 IEA (Facts bearing upon opinions of experts) is now Section 40 BSA, in force from 1 July 2024. Only the section number changed.

What Changed From IEA 46 to BSA 40?

Section 46 of the Indian Evidence Act, 1872 became Section 40 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024 without any change in wording.

IEA 46 vs BSA 40: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section4640
HeadingFacts bearing upon opinions of expertsSame

IEA 46 and BSA 40: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 46, IEA 1872

46. 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.
BSA 2023 (in force)

Section 40, BSA 2023

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.

When It Applies: IEA 46 vs BSA 40

Under IEA 46
  1. The opinion of an expert is relevant to a question before the court.
  2. A party brings a fact that would not be relevant to the case on its own.
  3. That fact either backs up the opinion of the expert or goes against it.
Under BSA 40
  1. The opinion of an expert is relevant to an issue before the court.
  2. A party offers a fact that is not otherwise relevant to the dispute.
  3. That fact either backs up or contradicts the opinion of the expert.

What IEA 46 to BSA 40 Means in Practice

Section 46 IEA became Section 40 BSA on 1 July 2024 without any change in wording. The same rule applies, and a reader should cite Section 40 BSA for matters governed by the BSA.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·