Which Evidence Act section is BSA 40?

BSA 40 replaces Evidence Act 43, Evidence Act 46.

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BSA Section 40: Facts bearing upon opinions of experts

Section 40 of the Bharatiya Sakshya Adhiniyam, 2023 deals with facts bearing upon opinions of experts. It replaces Evidence Act 43, Evidence Act 46 of the Indian Evidence Act, 1872.

Text of BSA Section 40

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.

Evidence Act sections replaced

Evidence Act 43: Judgments, etc., other than those mentioned in sections 40 to 42, when relevant
Evidence Act 46: Facts bearing upon opinions of experts

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