The Bharatiya Sakshya Adhiniyam (BSA) 2023 replaced the Indian Evidence Act 1872. Under BSA, the provision governing 'opinion of experts' in forensic cases corresponds to which section?
- A BSA Section 45
- B BSA Section 54
- C BSA Section 39 ✓
- D BSA Section 79
Correct answer: C. BSA Section 39
Explanation
Under the Bharatiya Sakshya Adhiniyam (BSA) 2023, Section 39 deals with 'Opinion of experts' — corresponding to IEA Section 45 in the Indian Evidence Act 1872. Expert opinion in forensic science, medical evidence, fingerprint analysis, and handwriting falls under this section. Forensic physicians providing expert testimony in court must be cognizant that their opinion is governed by BSA Section 39, making them a 'special witness' whose opinion the court may rely upon for determining the cause of death, injury, toxicological findings, etc.
Reference: The Essentials of Forensic Medicine and Toxicology (Narayan Reddy), 34th ed.
High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP
Written and medically reviewed by the StethoPrep medical team.