Bharatiya Sakshya Adhiniyam
BSA 39 was IEA 45 and 45A.
Opinions of experts. · It brings 2 old provisions together.
Merged
Came from
73% of the old wording kept
Old · IEA 1872 · Ch. II
s. 45
Opinions of experts
When the Court has to form an opinion upon a point of foreign law, or of science, or art, 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 in questions as to identity of handwriting] 6[or finger impressions] are relevant facts. Such persons are called experts.
Illustrations
(a) The question is, whether the death of A was caused by poison. Ins. by Act 3 of 1891, S.5. 59. Ins. by Act 5 of 1899, S. 3 (w.e.f. 10-2-1899). For discussion in Council as to whether "finger impressions" includes "thumb impression," see Gazette of India, 1898, Part VI, p. 24 60. Ins. by Act 18 of 1872, S. 4 (w.e.f. 29-8-1872). 6l. Ins. by Act 5 of 1899, S. 3 (w.e.f. 10-2-1899). For discussion in Council as to whether "finger impressions" includes "thumb impression," see Gazette of India, 1898, Part VI, p. 24 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 uponthe 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 cither wrong or contrary to law, are relevant.
(c) The question is, whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A. The opinions of experts on the question whether the two documents were written by the same person or by different persons, are relevant.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. II
s. 39(1)of section 39
Opinions of experts.
(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 by A. Another document is produced which is proved or admitted to have been written by A. The opinions of experts on the question whether the two documents were written by the same person or by different persons, are relevant.
Text from India Code