40 Bsa - Facts bearing upon opinions of experts

Section 40 : Facts bearing upon opinions of experts - Bharatiya Nagarik Suraksha Sanhita, 2023

40. 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.

 

Bharatiya Sakshya Adhiniyam, 2023

Section 31 Relevancy of statement as to fact of public nature contained in certain Acts or notifications

Section 32 Relevancy of statements as to any law contained in law books including electronic or digital form

Section 33 What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers

Section 34 Previous judgments relevant to bar a second suit or trial

Section 35 Relevancy of certain judgments in probate, etc. jurisdiction

Section 36 Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35

Section 37 Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant

Section 38 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved

Section 39 Opinions of experts

Section 40 Facts bearing upon opinions of experts