In this article, we will introduce you to Bharatiya Sakshya Adhiniyam Section 40. In today’s article we will talk about what is Bharatiya Sakshya Adhiniyam (BSA Section 40)?
The Bharatiya Sakshya Adhiniyam, 2023 aims to unify and establish standardized rules and principles of evidence to ensure fair trials in criminal cases. The previous Indian Evidence Act has become outdated and does not adequately address the requirements of the modern era. This new Bill intends to overhaul the evidence laws by updating them to reflect current public needs and aspirations.
Definition of Bharatiya Sakshya Adhiniyam (BSA) Section 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.