Bharatiya Sakshya Adhiniyam 2023
Definition
India's replacement for the Indian Evidence Act 1872, in force from 1 July 2024. Section 39 carries forward the expert-witness opinion provisions, allowing courts to consider the opinions of persons specially skilled in science, art, handwriting or foreign law.
Related terms
- Daubert Standard
- The US federal evidentiary standard (Daubert v. Merrell Dow Pharmaceuticals, 1993) requiring that expert testimony be based on scientifically valid methods with...
- Blind Verification
- The procedure in which a second fingerprint examiner independently performs the Analysis and Comparison stages without knowledge of the first examiner's conclusion....
- Cairns Checklist
- A practical self-review tool for UK forensic expert reports, derived from CrimPR Part 19 requirements and professional guidance, that prompts the examiner...
- Contextual Cognitive Bias
- The mechanism by which prior knowledge of case context, including suspect identity, other evidence, or case outcome, influences an examiner's pattern-recognition conclusions...
- CrimPR Part 19
- Criminal Procedure Rules Part 19 (England and Wales): the expert-witness procedural code requiring disclosure of qualifications, methodology, limitations, and whether the method...
- Duty to the Court
- The obligation of expert witnesses in UK proceedings (and, to varying degrees, in other jurisdictions) to assist the court with objective, unbiased...
- Frye Standard
- The US legal test for admissibility of scientific evidence, originating from Frye v. United States (1923), which required that a technique be...
- General-Acceptance Test
- The Frye rule that a scientific principle must be sufficiently established to have gained acceptance in the particular field to which it...
- Judicial Gatekeeping
- The role of the trial judge in screening scientific evidence before it reaches the jury. Under Frye the judge defers to expert...
- Linear ACE-V
- An implementation of ACE-V methodology that enforces strict sequential documentation: analysis of the latent mark must be completed and recorded before the...
- Novel Science Problem
- The practical difficulty that arises when a technique is new and no scientific consensus yet exists. Under Frye, a sound technique is...
- Relevant Scientific Community
- The group of scientists whose expertise covers the technique under review. Identifying this community is the first step of the Frye inquiry....
Explained in these topics
- Expert Witness Testimony and Cognitive Bias MitigationIndia's replacement for the Indian Evidence Act 1872, in force from 1 July 2024. Section 39 carries forward the expert-witness opinion provisions, allowing cou...
- The Frye Standard: General AcceptanceIndia's current evidence statute, which replaced the Indian Evidence Act 1872. It governs the admissibility of expert opinion in Indian courts through relevanc...