Under the Bharatiya Sakshya Adhiniyam (BSA) 2023, which section corresponds to the former Section 45 of the Indian Evidence Act, governing the admissibility of expert opinion (including medical opinion) in court?
- A Section 48
- B Section 45
- C Section 39 ✓
- D Section 51
Correct answer: C. Section 39
Explanation
BSA Section 39 (formerly Section 45 of the Indian Evidence Act) governs opinions of experts. This is a frequently tested mapping. Under this section, when the court requires specialized knowledge, persons specially skilled in science (including medicine) can give opinions. Expert opinion is not conclusive and the court is not bound by it. The section specifically mentions foreign law, science, art, and identity of handwriting or finger impressions.
Reference: Reddy K. S. Narayana - Essentials of Forensic Medicine and Toxicology, 37th ed.
High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP
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