Section 39 BSA
Definition
Expert opinion provision; covers science, art, handwriting, finger impressions, footprints and electronic evidence. Successor to IEA Section 45.
- Statute
- Bharatiya Sakshya Adhiniyam 2023, s.39
- Successor to
- Indian Evidence Act 1872, s.45
- Scope
- Science, art, handwriting, fingerprints, footprints, e-evidence
- Jurisdiction
- India
Common questions
What did Section 39 BSA add compared to its predecessor, Section 45 IEA?+
It explicitly extends admissible expert-opinion categories to footprints and electronic evidence alongside the traditional categories of science, art, and handwriting, reflecting the growing role of digital and impression evidence.
How does Section 39 BSA interact with electronic evidence authentication rules?+
While Section 39 makes expert opinion on electronic evidence admissible in principle, the record itself typically still needs proper authentication, such as a Section 63 BSA certificate, before that opinion carries evidentiary weight.
Who qualifies as an expert under Section 39 BSA?+
A person specially skilled in the relevant field, such as a document examiner, fingerprint expert, or digital forensic analyst, whose training and experience qualify their opinion as relevant, subject to the court's assessment.
Related terms
- BNS 2023
- Bharatiya Nyaya Sanhita 2023, Act 45 of 2023. India's substantive criminal code with effect from 1 July 2024. Contains 358 sections in...
- BSA 2023
- Bharatiya Sakshya Adhiniyam 2023: the Indian evidence statute that replaced the Indian Evidence Act 1872 on 1 July 2024; retains the section...
- Dual Charging
- The Indian cyber FIR practice of adding both an IT Act section and a BNS section for the same act, so each...
- Primary vs Secondary Electronic Evidence
- Primary is the original electronic record in the originating computer system; secondary is any copy, output or printout. BSA Sections 60 and...
- Section 63 BSA
- Bharatiya Sakshya Adhiniyam 2023 provision that requires a statutory certificate for admissibility of a copy of an electronic record. Applies to browser-extracted...