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Evidence Section 45

Expert opinion

New section under BSA

BSA Section 39— Opinions of experts.

Effective for any FIR, charge sheet, or filing on or after 1 July 2024. Matters that arose before that date continue under the Evidence.

What the new 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.

For the full text of the new section, see the linked BSA page above. For the binding statutory text, refer to the India Code or the Gazette of India. This reference is informational, not legal advice.