what is BSA Section 40?

Bhartiya Sakshya Adhiniyam, 2023 - Section 40: Facts Bearing Upon Opinions of Experts

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.

Brefe Detail

Section 40 of the Bhartiya Sakshya Adhiniyam, 2023, addresses the relevance of certain facts that may not be relevant on their own but become significant in the context of expert opinions. This section allows for the consideration of facts that either support or contradict the opinions of experts, thus enhancing the evidentiary value of those opinions in legal proceedings.

Question & Answers

Q1: What does Section 40 state about facts and expert opinions?

A1: Section 40 states that facts not otherwise relevant can be considered relevant if they support or contradict expert opinions when those opinions are relevant.

Q2: Can you provide an example of how facts can be relevant to expert opinions?

A2: Yes, if A is suspected of being poisoned, the symptoms exhibited by other persons poisoned by the same substance can be relevant in evaluating expert opinions.

Q3: How does Section 40 apply to environmental cases?

A3: In cases involving environmental issues, such as harbour obstructions, facts about other similar harbours experiencing obstruction can support or challenge expert claims regarding the cause.

Q4: Are all facts relevant in the context of expert opinions?

A4: No, only those facts that either support or are inconsistent with the opinions of experts are considered relevant under this section.

Q5: What role do illustrations play in Section 40?

A5: The illustrations help clarify how certain facts can be relevant in specific scenarios related to expert opinions.

Example

- In a case of suspected poisoning, the fact that multiple victims of the same poison showed similar symptoms can provide critical context to the opinions of medical experts regarding the nature of the poison.

- If there is a legal dispute about whether a sea-wall is causing harbour obstruction, evidence that other harbours without sea-walls also experienced similar obstructions at the same time can challenge the expert's opinion on causation.

Summary

Section 40 of the Bhartiya Sakshya Adhiniyam, 2023, emphasizes the importance of certain facts that may not be inherently relevant but gain significance when related to expert opinions. This section allows for a more nuanced evaluation of evidence, enabling the court to consider how specific facts interact with the insights provided by experts, thereby enriching the judicial process.