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 Section 46 in BSA: Section 40
Facts bearing upon opinions of experts
Section 46 of the Indian Evidence Act, 1872 (Facts bearing upon opinions of experts) corresponds to Section 40 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.
Ask on WhatsApp, free, no signup:
Text of BSA Section 40
Full BSA Section 40 and every Evidence Act section it replaced →
Ask CaseMinister about Evidence Act 46 / BSA 40
Your 24×7 legal assistant on WhatsApp answers with the judgments that apply, in English or Hindi. No signup needed.