A doctor is called to testify as an expert witness in a criminal trial. The judge asks for the doctor's opinion on the cause of death based on forensic findings. Under the Bharatiya Sakshya Adhiniyam (BSA) 2023, expert opinion is addressed in which section?
- A BSA Section 36
- B BSA Section 45 ✓
- C BSA Section 39
- D BSA Section 51
Correct answer: B. BSA Section 45
Explanation
BSA Section 45 (corresponding to the former Indian Evidence Act Section 45) governs the admissibility of expert opinions. It states that when a court has to form an opinion on points of foreign law, science, art, or as to identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant. A forensic pathologist's expert opinion on the cause and manner of death is admissible under this provision. BSA Section 39 pertains to relevancy of judgments in other proceedings.
Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.
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