Introduction
The Bharatiya Sakshya Adhiniyam, 2023 (BSA), like the Indian Evidence Act, 1872 has provisions relating to opinions of third persons. This article will discuss provisions under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) dealing with expert opinions,
Section 39 of BSA - Opinions of Third Persons When Relevant:
This section establishes that when the court needs to form an opinion on matters like foreign law, science, art, identity verification, or handwriting and finger impressions, the opinions of individuals specially skilled in those respective fields are considered relevant.
Section 40 of BSA- Facts Supporting or Inconsistent with Expert Opinions:
Section 40 asserts that facts, not otherwise relevant, gain relevance if they support or contradict expert opinions. For instance, in cases of poisoning, the symptoms exhibited by other individuals poisoned by the same substance become relevant, which would be the helpful in affirming or denying those symptoms.
Section 41 of BSA - Opinion as to Handwriting and Signature:
This section specifies that when the court needs to form an opinion on the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the supposed writer or signer is relevant. Acquaintance, as defined in the explanation, includes having seen the person write, receiving documents written by them, or being exposed to documents purportedly written by them in the ordinary course of business.
Section 42 of BSA - Opinion on Electronic Signature:
In situations where the court has to form an opinion on the electronic signature of any person, Section 42 deems the opinion of the Certifying Authority, which issued the Electronic Signature Certificate, as a relevant fact. An Examiner of Electronic Evidence, considered an expert can provide opinions on matters related to information transmitted or stored in electronic or digital form.
Sections 43 and 44 of BSA - Opinions on Usages, Tenets, Relationships, and Rights:
These sections emphasize the relevance of opinions from individuals with special means of knowledge on matters like usages, tenets, constitution of foundations, and relationships.
Section 45 of BSA- Grounds for Relevant Opinions:
Whenever the opinion of any living person is relevant, Section 45 stipulates that the grounds on which such opinions are based become relevant as well. For example, there can be certain old cases or books which the expert referred to in order to frame his opinion in the given case.
Let us examine some case laws related to expert opinions:
1. Ramesh Chandra Agrawal Vs. Regency Hospital Ltd. & Ors.:
In this landmark case, the court laid down the prerequisites for expert opinions. It emphasized that an expert's opinion must be within a recognized field of expertise and must adhere to standard principles.
2. Gade Lakshmi Mangaraju v/s. State Of Andhra Pradesh:
This case specifically addresses the issue that the absence of finger impressions do not conclusively indicate the absence of a particular person at the scene.
3. State of Himachal Pradesh Vs. Jai Lal and Others:
In this case, the court emphasized the need for cross-examining experts in addition to their duty of providing opinions.
4. Prahlad Saran Gupta v Bar Council of India:
This case emphasised that there is no need for additional confirmation once an opinion from a handwriting expert is provided. This case discussed about the weight and importance attributed to expert opinions, particularly in matters related to signatures and handwriting.
FAQs on Bharatiya Sakshya Adhiniyam, 2023 (BSA) and Expert Opinions:
1. What does Section 39 of BSA cover?
- Section 39 addresses the relevance of opinions from individuals with specialized skills, such as foreign law, science, art, identity verification, handwriting, and finger impressions.
2. How are facts treated under Section 40 in relation to expert opinions?
- Section 40 states that facts gain relevance if they support or contradict expert opinions. For example, symptoms exhibited by individuals poisoned by the same substance become relevant in poisoning cases.
3. What does Section 41 specify regarding handwriting and signatures?
- Section 41 deems the opinion of a person acquainted with the handwriting of the supposed writer or signer as relevant for the court's opinion on document authorship or signatures.
4. How is the electronic signature addressed in BSA under Section 42?
- Section 42 considers the opinion of the Certifying Authority, which issued the Electronic Signature Certificate, as a relevant fact. An Examiner of Electronic Evidence can also provide expert opinions on electronic information.
5. What is the significance of Sections 43 and 44 in BSA?
- These sections highlight the relevance of opinions from individuals with special knowledge on matters like usages, tenets, constitution of foundations, and relationships.
6. What does Section 45 of BSA stipulate
regarding relevant opinions?
- Section 45 specifies that the grounds on which relevant opinions are based become relevant when the opinion of any living person is considered.
Expert Opinion And Relevancy under BSA (Bharatiya Sakshya Adhiniyam)
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