IEA §45A → BSA §39
Opinion of Examiner of Electronic Evidence
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Comparison
1[45A. Opinion of Examiner of Electronic Evidence.—When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000 (21 of 2000), is a relevant fact. Explanation.—For the purposes of this section, an Examiner of Electronic Evidence shall be an expert.]
39.
(1) When the Court has to form an opinion upon a point of foreign law or of science or art, or any other field, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or any other field, or in questions as to identity of handwriting or finger impressions are relevant facts and such persons are called experts. Illustrations. (a) The question is, whether the death of A was caused by poison. The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant. (b) The question is, whether A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law. The opinions of experts upon the question whether the symptoms exhibited by A commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant. (c) The question is, whether a certain document was written byA.Another document is produced which is proved or admitted to have been written byA. The opinions of experts Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. Opinions of experts. on the question whether the two documents were written by the same person or by different persons, are relevant.
(2) When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000, is a relevant fact. Explanation.—For the purposes of this sub-section, an Examiner of Electronic Evidence shall be an expert.
What changedAI-inferred
Opinion of Examiner of Electronic Evidence absorbed into BSA 39.
Old position
IEA 45A is concerned with Opinion of Examiner of Electronic Evidence. 1[45A
New position
BSA 39 modifies the framework. Topic: When the Court has to form an opinion upon a point of.. When the Court has to form an opinion upon a point of foreign law or of science or art, or any other field, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign
IEA 45A (inserted by the IT Act 2000) on the relevance of opinions of Examiners of Electronic Evidence is absorbed into BSA 39. The Examiner-of-Electronic-Evidence framework under section 79A of the IT Act 2000 is preserved.
Editorial deltaAI-indicated (source-linked)
BSA 39 is the successor expert-opinion provision. IEA 45A was a narrow special-provision dealing specifically with the Examiner of Electronic Evidence (referred to in IT Act s.79A) whose opinion was a relevant fact. BSA 39 is the broader expert-opinion framework (covering foreign law, science, art, handwriting, finger impressions and 'any other field'). The Examiner-of-Electronic-Evidence role is subsumed under the broader 'any other field' formulation in BSA 39. The IT Act s.79A cross-reference may be in unseen BSA 39 sub-sections.
Transitional note (repeal & savings)
For matters initiated before 1 July 2024, IEA 45A continues to apply. For matters from that date forward, BSA 39 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 39 (When the Court has to form an opinion upon a point of.). The relationship is classified as modified — 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 §45A → BSA §39 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/iea/45A.
Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01
Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.