Quick Navigation
Section 40 - The Bharatiya Sakshya Adhiniyam, 2023
The Bharatiya Sakshya Adhiniyam, 2023
 40. Facts bearing upon opinions of experts.
Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant.
Illustrations. 
(a) The question is, whether A was poisoned by a certain poison. The fact that other persons, who were poisoned by that poison, exhibited certain symptoms which experts affirm or deny to be the symptoms of that poison, is relevant.
(b) The question is, whether an obstruction to a harbour is caused by a certain sea-wall. The fact that other harbours similarly situated in other respects, but where there were no such sea-walls, began to be obstructed at about the same time, is relevant.
Related Sections
- Section 94: Evidence of terms of contracts, grants and other dispositions of property reduced to form of document
 - Section 128: Communications During marriage
 - Section 47: In criminal cases previous good character relevant
 - Section 26: Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant
 - Section 120: Presumption as to absence of consent in certain prosecution for rape
 
Related Acts
* Only for reference.