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PART II · CHAPTER II RELEVANCY OF FACTS · Opinions of third persons when relevant

Section 40: Facts bearing upon opinions of experts

The Bharatiya Sakshya Adhiniyam, 2023

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.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

1 question in 10 of our papers cite Section 40. Try these from the free papers:

  1. 1. Consider the following statements under the BSA: 1. Whenever the opinion of any living person is relevant, the grounds on which that opinion is based are also relevant. 2. Facts not otherwise relevant are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant. 3. An expert may not give an account of experiments performed by him for the purpose of forming his opinion. Which of the statements given above is/are correct?

Practise questions on Bharatiya Sakshya Adhiniyam