BSA § 39
Definition
Section 39 of the Bharatiya Sakshya Adhiniyam 2023 (formerly IEA § 45), governing the admissibility of expert opinion in Indian courts. The gateway provision for neuropsychological and neuroimaging expert evidence.
- Legislation
- Bharatiya Sakshya Adhiniyam 2023 (BSA)
- Prior equivalent
- Indian Evidence Act, Section 45 (IEA § 45)
- Scope
- Expert opinion admissibility (neuropsychological, neuroimaging, polygraphy)
Common questions
What does BSA Section 39 cover?+
BSA Section 39 (the Bharatiya Sakshya Adhiniyam 2023, formerly IEA Section 45) sets the rules for admitting expert opinions in Indian courts. It is the key gateway provision for neuropsychological evidence, neuroimaging evidence, and other specialized expert testimony.
Can polygraph test results be admitted under BSA Section 39?+
Polygraph or polydetector evidence must meet the standards laid out in BSA Section 39 to be admissible. Expert opinion on PDD (polygraph deception detection) results has to satisfy this provision before a court will consider it.
What replaced IEA Section 45?+
The Bharatiya Sakshya Adhiniyam 2023 replaced the Indian Evidence Act. BSA Section 39 is the updated version of what was previously IEA Section 45, keeping the same core rules for expert opinion admissibility.
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