Section 45 BSA 2023: Grounds of Opinion When Relevant

Section 45 of the Bharatiya Sakshya Adhiniyam, 2023 deals with the grounds or basis underlying an opinion that is otherwise relevant in a judicial proceeding.

Text of Section 45

45. Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant.

Illustration. An expert may give an account of experiments performed by him for the purpose of forming his opinion.

Meaning of Section 45 of the Bharatiya Sakshya Adhiniyam, 2023

Section 45 makes the foundation of a relevant opinion relevant as well. In practical terms, a court is not confined to hearing only the final conclusion expressed by a person. Where that opinion is legally relevant, the facts, observations, tests, experiments, reasoning or other grounds that led to the opinion may also be placed before the court.

This rule is especially important where expert opinion is relied upon. The court may examine how the opinion was reached, what material was considered, what method was used and whether the stated basis logically supports the conclusion.

How Section 45 Works

The opinion itself must first be relevant under the Bharatiya Sakshya Adhiniyam, 2023.
If the opinion is relevant, the grounds on which it is based are also relevant.
The provision applies to the opinion of a living person.
The illustration expressly recognizes that an expert may describe experiments performed for forming the expert opinion.

Relationship with Expert Opinion

Section 45 should be read with the provisions dealing with opinions of third persons, particularly Section 39 relating to opinions of experts and the connected provisions in Sections 40 to 44. Those sections identify circumstances in which specified opinions may become relevant; Section 45 then permits the basis of such relevant opinion to be considered.

Practical point: The provision supports scrutiny of the reasoning behind an opinion. The weight ultimately given to an opinion will depend on the quality, reliability and relevance of its stated basis and the other evidence before the court.

Statutory Context

The Bharatiya Sakshya Adhiniyam, 2023 is the current central law governing general rules and principles of evidence for judicial proceedings to which it applies. It came into force on 1 July 2024.

For the official text of the Act, refer to the Bharatiya Sakshya Adhiniyam, 2023 on India Code.

Related BSA Provisions

You may also read the connected provisions on opinions and character evidence in the Bharatiya Sakshya Adhiniyam, 2023 through the links provided in the sidebar.