INDIAN EVIDENCE ACT, 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
46. Facts bearing upon opinions of experts.
40. Facts bearing upon opinions of experts.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN EVIDENCE ACT, 1872
46. 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.
Repealed / replaced by BSA India Code — IEA 1872
BHARATIYA SAKSHYA ADHINIYAM, 2023
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.
Current law India Code — BSA 2023