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.
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...
Explained in
- Opinion Evidence and Its LimitsThe Indian statutory provision permitting courts to consider the opinion of persons specially skilled in foreign law, science, art, handwriting, or finger impr...