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Bharatiya Sakshya Adhiniyam, 2023

Section 40, BSA: Facts bearing upon opinions of experts

Pundora · Published 3 October 2026

Section 40 of the Bharatiya Sakshya Adhiniyam, 2023, in the Act's own words, with the Evidence Act provision it replaces.

What it replaces

BSA provisionEvidence Act provisionRelation
Section 40Section 46corresponds

From the Bureau of Police Research and Development's official comparison summary (source below). The whole table: Evidence Act to BSA.

The section

40. Facts bearing upon opinions of experts.

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.

The text is India Code's consolidated text as loaded into Pundora's statute corpus on 1 September 2026. A section quoted in a draft checked by Pundora is checked against this text.

Sources

  1. India Code: Bharatiya Sakshya Adhiniyam, 2023, section 40 (read 1 September 2026)
  2. Bureau of Police Research and Development: comparison summary, BSA to Evidence Act (read 1 September 2026)

The Act's own words, from India Code. If the text here differs from the Gazette, the Gazette governs; write to contact@pundora.in and it will be corrected and dated.