Expert Opinion (Section 39 BSA)
Definition
Opinion of a person specially skilled in foreign law, science, art, handwriting or finger impressions, with a separate sub-section covering the opinion of the Examiner of Electronic Evidence. The successor to IEA Section 45.
- Statute
- Bharatiya Sakshya Adhiniyam 2023, Section 39
- Predecessor
- Indian Evidence Act 1872, Section 45
- New subject added
- Electronic evidence, absent from old Section 45
- Other subjects
- Foreign law, science, art, handwriting, fingerprints, footprints
Common questions
What is the practical difference between old Section 45 and the new Section 39?+
Section 39 explicitly extends expert opinion to electronic evidence, reflecting the BSA's broader modernisation. The core structure, categories of skilled persons, and the requirement that the court weigh rather than automatically accept the opinion, carry over largely unchanged.
Does this section apply to opinions on footprints as well as fingerprints?+
Yes, footprints are named alongside finger impressions as a subject on which a specially skilled person's opinion is admissible, alongside foreign law, science, art and handwriting.
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