Section 45, Bharatiya Sakshya Adhiniyam 2023
Definition
The Indian statutory provision permitting courts to consider the opinion of persons specially skilled in foreign law, science, art, handwriting, or finger impressions when such opinion is relevant. Carries forward the substance of Section 45 of the Indian Evidence Act 1872 into the new code.
- Statute
- Bharatiya Sakshya Adhiniyam 2023, s.45
- Successor to
- Indian Evidence Act 1872, s.45
- Scope
- Foreign law, science, art, handwriting, fingerprints
- Jurisdiction
- India
Common questions
How is Section 45 BSA distinct from Section 39 BSA within the same code?+
Section 45 specifically addresses opinions on foreign law along with science, art, handwriting, and finger impressions, while Section 39 is the broader expert-opinion provision covering a wider range including electronic evidence and footprints.
Why does the provision single out foreign law as needing expert opinion?+
Judges are not expected to know the law of other jurisdictions, so courts rely on qualified experts to explain foreign legal principles when a case turns on the application or interpretation of law outside India.
Does Section 45 BSA change the substantive standard from the old Evidence Act?+
No, it substantially carries forward the same categories and standard from Section 45 of the Indian Evidence Act 1872, updated as part of the 2023 recodification rather than a substantive legal reform.
Related terms
- Basis of Opinion
- The underlying data, facts, or methodology on which an expert opinion rests. Courts require disclosure of the basis so the opposing party...
- Gatekeeping (Daubert)
- The duty of a US federal trial judge under Federal Rule of Evidence 702 and the Daubert line of cases to assess...
- Opinion Evidence
- Testimony about an inference or conclusion drawn from facts, rather than direct observation. Expert opinion is a recognised exception to the general...
- Overriding Duty to the Court
- The principle in English and Welsh law, codified in the Criminal Procedure Rules and the Civil Procedure Rules, that an expert witness...
- Ultimate-Issue Rule
- The traditional prohibition on an expert stating an opinion on the very factual question the court must decide, on the ground that...