Opinions of experts.
What this section does
When a court must form an opinion on a point of foreign law, science, art, any other field, or on identity of handwriting or finger impressions, the opinions of persons specially skilled in those areas (experts) are relevant facts. Additionally, for matters relating to information transmitted or stored in any computer resource or electronic/digital form, the opinion of an Examiner of Electronic Evidence under s.79A of the IT Act, 2000 is a relevant fact, and such examiner is deemed an expert.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
The rule in one line
Expert opinion is relevant on points of foreign law, science, art, any specialised field, handwriting, fingerprints, and electronic evidence.
When it applies
- The question is whether death was caused by poison — the opinion of a toxicologist (expert) on the symptoms produced by that poison is relevant.
- A dispute arises about the integrity of data stored on a server — the opinion of an Examiner of Electronic Evidence under s.79A IT Act is relevant.
Practitioner note
BSA s.39(2) is new and codifies the role of the Examiner of Electronic Evidence (s.79A IT Act 2000) as an expert, which was not explicitly in IEA s.45 but was recognised judicially. BSA also expands the scope to 'any other field' beyond the enumerated categories in IEA s.45.
- EVIDENCE Section 45 — Expert opinion
Read the official text
For the binding statutory text of BSA Section 39, refer to the Gazette of India or the India Code official website.
Why this matters
BSA Section 39 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.