Section 40 BSA: Facts bearing upon opinions of experts
Bharatiya Sakshya Adhiniyam, 2023
Section 40 BSA at a Glance
Section 40 BSA deals with facts bearing upon opinions of experts. It replaced Section 46 IEA on 1 July 2024.
Section 40 BSA Bare Act Text
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.
Source: Section 40, Bharatiya Sakshya Adhiniyam, 2023
Section 40 BSA in Simple Words
Section 40 of the Bharatiya Sakshya Adhiniyam, 2023, which applies from 1 July 2024, lets a party bring in facts that test the opinion of an expert. A fact might have no direct link to the dispute on its own. It still becomes a relevant fact (a fact that can be presented in court) when it backs up or contradicts the opinion of an expert.
This rule operates only when the opinion of the expert is relevant to the case. Once the court can consider the view of a specialist, either side may prove other facts that agree with that view or go against it.
The illustrations show how a party can back up or challenge an expert. In a case over whether a specific poison harmed someone, specialists may state or deny that the poison produces certain symptoms. A party can then prove that other people poisoned by that substance showed those symptoms. Similarly, when a sea-wall is blamed for blocking a harbour, a party can show that comparable harbours without sea-walls also became blocked around that period.
When Section 40 BSA Applies
- The opinion of an expert is relevant to an issue before the court.
- A party offers a fact that is not otherwise relevant to the dispute.
- That fact either backs up or contradicts the opinion of the expert.
Example of Section 40 BSA
Section 40 BSA in the IEA (Previous Law)
Section 40 BSA replaces Section 46 IEA from the old criminal code.
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.
FAQs on Section 40 BSA
What is Section 40 BSA?▼
Section 40 of the Bharatiya Sakshya Adhiniyam, 2023 makes outside facts relevant when they support or contradict a relevant expert opinion. It lets parties bring in real-world facts to back up or test what an expert tells the court.
Can a party bring in facts under Section 40 BSA both to support and to oppose the view of an expert?▼
Yes. Facts not otherwise relevant become relevant whether they support the opinion of the expert or are inconsistent with it.
Does Section 40 BSA apply when the opinion of the expert is not relevant?▼
No. A party can use outside facts to support or contradict an expert only when the opinion of that expert is relevant.
What is Section 40 BSA in IEA?▼
Section 46 IEA. Section 46 IEA became Section 40 BSA on 1 July 2024 without any change in wording.
Have questions about Section 40 BSA?
Ask NyayGuru for a plain language explanation, or how it applies to your situation.
Ask NyayGuru →Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.
Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·