Facts bearing upon opinions of experts
Chapter 2: Relevancy of facts
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.
The Bharatiya Sakshya Adhiniyam, 2023 (Act No. 47 of 2023). As printed in the Gazette on 25 December 2023. Later amendments, if any, are not included.
Related sections
- 39Opinions of expertsEvidence Act 45
- 41Opinion as to handwriting and signature, when relevantEvidence Act 47
- 42Opinion as to existence of general custom or right, when relevantEvidence Act 48
- 43Opinion as to usages, tenets, etc., when relevantEvidence Act 49
- 44Opinion on relationship, when relevantEvidence Act 50
- 45Grounds of opinion, when relevantEvidence Act 51