What is Evidence Act 43 in BSA?

Evidence Act Section 43 (Judgments, etc., other than those mentioned in sections 40 to 42, when relevant) is Section 40 of the Bharatiya Sakshya Adhiniyam, 2023.

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Evidence Act Section 43 in BSA: Section 40

Judgments, etc., other than those mentioned in sections 40 to 42, when relevant

Section 43 of the Indian Evidence Act, 1872 (Judgments, etc., other than those mentioned in sections 40 to 42, when relevant) corresponds to Section 40 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

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.

Full BSA Section 40 and every Evidence Act section it replaced →

Other Evidence Act sections now in BSA 40

Evidence Act 46: Facts bearing upon opinions of experts → BSA 40

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