Section 45 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 45 of the Bharatiya Sakshya Adhiniyam, 2023 – Grounds of Opinion, When Relevant
Text of Section 45:
Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant.
Explanation:
Section 45 of the Bharatiya Sakshya Adhiniyam, 2023, stipulates that when an individual's opinion is admissible as evidence in a legal proceeding, the reasons or grounds upon which that opinion is formed are also admissible. This provision ensures transparency and allows the court to assess the basis of the opinion, thereby aiding in evaluating its credibility and weight.
Illustration:
An expert witness may testify about experiments they conducted to form their opinion on a particular matter. The details of these experiments, including the methods and results, would be relevant and admissible to understand the foundation of the expert's opinion.
Purpose:
The inclusion of Section 45 in the Bharatiya Sakshya Adhiniyam, 2023, aligns with the principle that the probative value of an opinion is enhanced when the reasoning behind it is disclosed. This approach promotes fairness and ensures that opinions presented in court are subject to scrutiny based on their underlying rationale.
Related Provisions:
Section 39: Opinions of experts.
Section 40: Facts bearing upon opinions of experts.
Section 41: Opinion as to handwriting and signature, when relevant.(
These sections collectively address the admissibility and evaluation of opinions in legal proceedings, emphasizing the importance of understanding the basis of such opinions.
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