In a forgery trial, the court needs an opinion on whether a signature on a disputed will matches the deceased's admitted signatures. Under the Bharatiya Sakshya Adhiniyam (BSA) 2023, opinion on handwriting comparison is governed by which section?

• A Section 39
• B Section 26
• C Section 41
• D Section 40 ✓

Explanation

BSA Section 40, corresponding to Section 47 of the Indian Evidence Act, governs opinion regarding handwriting, allowing comparison by a person acquainted with the writing or by an expert. Section 39 is the general expert opinion provision covering science, art, ballistics and fingerprints, Section 41 relates to opinion on digital signatures, and Section 26 covers statements of persons who cannot be called as witnesses, including dying declarations. Distinguishing the general expert section from the handwriting-specific section is the point tested.

Reference: Bharatiya Sakshya Adhiniyam, 2023, Chapter V ed.

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