BSA §40
Facts bearing upon opinions of experts.
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Comparison
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.
40. 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.
What changedAI-inferred
Facts bearing upon opinions of experts.
Old position
IEA 46 is concerned with Facts bearing upon opinions of experts. Facts bearing upon opinions of experts
New position
BSA 40 preserves the framework with drafting modernisations as required by the new code. Topic: 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
BSA 40 (Facts bearing upon opinions of experts.) preserves the framework of IEA 46. BSA 40 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BSA 40 text: Facts, not otherwise relevant, are relevant if...
Editorial deltaAI-indicated (source-linked)
BSA 40 (Facts bearing upon opinions of experts.) preserves the framework of IEA 46. BSA 40 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.
BSA 40 text: 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...
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 46 continues to apply. For matters from that date forward, BSA 40 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.
Frequently asked
BSA 40 (Facts bearing upon opinions of experts.). The relationship is classified as substantively_same — see the change-note above for the textual delta.
Sources
- India Code — Indian Evidence Act, 1872
- Gazette of India — Bharatiya Sakshya Adhiniyam, 2023
Cite this page
Newlaws.in, IEA §46 → BSA §40 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bsa/40.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
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