Section 39 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (Indian Evidence Act, 2023):
📘 Section 39: Opinions of Experts
Section 39 pertains to the admissibility of expert opinions as evidence in legal proceedings. It outlines the circumstances under which the opinions of individuals with specialized knowledge are considered relevant and admissible in court.
🧠 Subsection (1): General Provisions
This subsection establishes that when a court needs to form an opinion on matters requiring specialized knowledge—such as foreign law, science, art, or the identity of handwriting or fingerprints—the opinions of individuals specially skilled in those areas are relevant facts. These individuals are recognized as "experts."
Illustrations:
(a) Determining whether A's death was caused by poison: The opinions of experts regarding the symptoms produced by the suspected poison are relevant.
(b) Assessing A's mental state at the time of an act: Experts' opinions on whether A exhibited symptoms commonly associated with unsoundness of mind are relevant.
(c) Verifying the authorship of a document: Experts' opinions on whether two documents were written by the same person are relevant
💻 Subsection (2): Electronic Evidence
This subsection addresses situations where the court needs to form an opinion on matters related to information transmitted or stored in electronic or digital form. In such cases, the opinion of an "Examiner of Electronic Evidence," as referred to in Section 79A of the Information Technology Act, 2000, is considered a relevant fact. For the purposes of this subsection, an Examiner of Electronic Evidence is deemed an expert
🧾 Summary
Expert Opinions: Individuals with specialized knowledge in fields like science, law, or art can provide opinions that are admissible in court when the court requires such expertise.
Electronic Evidence: In matters involving electronic or digital information, the opinions of designated experts in electronic evidence are relevant and admissible.(
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