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BSA 2023 Section 39

Definition

The expert-evidence provision of India's Bharatiya Sakshya Adhiniyam 2023, successor to Indian Evidence Act Section 45. Governs the admissibility of expert opinion without a Daubert-equivalent structured gatekeeping hearing; challenge is conducted through cross-examination rather than pre-trial exclusion.

Statute
Bharatiya Sakshya Adhiniyam 2023, Section 39 (successor to Indian Evidence Act Section 45)
Jurisdiction
Indian courts
Key requirement
Experts must explain the basis of their opinion

Common questions

What is Section 39 of the Bharatiya Sakshya Adhiniyam 2023?+

Section 39 governs when expert opinion evidence is admissible in Indian courts. It applies to people with special skill in science, art, foreign law, or trade. The section replaced the earlier Section 45 of the Indian Evidence Act and requires experts to explain the basis of their opinion.

How does Section 39 handle challenging expert testimony?+

Unlike the US Daubert framework, which uses pre-trial gatekeeping hearings, Section 39 does not require a structured screening process before trial. Instead, the challenge to expert evidence happens through cross-examination in court.

Who can give expert opinion under Section 39?+

Anyone with specialized knowledge in their field can testify, provided they are skilled in science, art, foreign law, or trade. The expert must be able to explain the foundations of their opinion to the court.

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