Section 40 BSA 2023: Facts Bearing Upon Opinions of Experts
Section 40 of the Bharatiya Sakshya Adhiniyam, 2023 makes certain supporting or contradictory facts relevant when the opinion of an expert is itself relevant before the Court.
Text of Section 40 - Facts bearing upon opinions of experts
40. Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant.
Illustrations
- 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.
- 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.
Meaning and scope of Section 40 BSA
Section 40 deals with facts that gain relevance because of their connection with an expert opinion. A fact that would ordinarily be irrelevant may become relevant if it tends to confirm, strengthen, weaken or contradict an expert opinion that is relevant to the proceeding.
The provision therefore allows the Court to test an expert conclusion against surrounding facts and comparable circumstances instead of considering the expert opinion in isolation.
How Section 40 works with Section 39
Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 identifies circumstances in which expert opinions are relevant, including questions involving foreign law, science, art, other specialised fields, handwriting, finger impressions and certain electronic evidence. Section 40 complements that rule by making facts relevant when they support or are inconsistent with such expert opinions.
Practical significance
- Corroboration: comparable facts may reinforce an expert conclusion.
- Contradiction: surrounding facts may undermine or expose weaknesses in an expert conclusion.
- Evaluation by the Court: the Court can assess whether the expert opinion fits the proved factual circumstances.
- Context: the provision helps place technical, scientific or specialised opinions in a broader evidentiary setting.
Illustration explained
In the poisoning illustration, evidence showing how other persons reacted to the same poison may support or contradict the symptoms identified by the expert. In the harbour illustration, comparable conditions at other harbours may help test whether the sea-wall actually caused the obstruction.
Official text and current law
The Bharatiya Sakshya Adhiniyam, 2023 is Act 47 of 2023 and came into force on 1 July 2024. The official text of Section 40 is available on India Code - Bharatiya Sakshya Adhiniyam, 2023.
Related BSA provisions
For the immediate context of expert evidence, see Section 39 - Opinions of experts. The next provision is Section 41, dealing with opinion as to handwriting and signature when relevant.