Indian Evidence Act, 1872
IEA Section 45 in BSA
Opinions of experts. Section 45 of the Indian Evidence Act, 1872 (Opinions of experts) corresponds to Section 39 of the Bharatiya Sakshya Adhiniyam, 2023.
Verify before you rely on this. Renumbering under the 2023 codes is not a clean one-to-one exercise — provisions were merged, split and reworded. Always check the printed bare act.
Where this sits in the exam
This provision is examined under Evidence Act & Bharatiya Sakshya Adhiniyam, worth 8 of the 100 marks in AIBE XXII. The paper permits bare acts but bans notes, so what matters is finding it quickly, not reciting the number.
Questions that turn on this section
Opinion of an expert is relevant under:
Answer & explanation
Section 39 BSA
BSA Section 39 corresponds to IEA Section 45. The BSA expressly includes the Examiner of Electronic Evidence within the definition of expert.
The opinion of an expert is relevant on:
Answer & explanation
Foreign law, science, art, handwriting or finger impressions
§ 39 BSA. Expert opinion is advisory; the court is not bound by it.
Consider the following about expert evidence: I. The court may act on the opinion of an expert without examining him. II. Expert opinion is advisory and not binding on the court. III. The opinion of an expert on a point of Indian law is relevant. Which of the above are correct?
Answer & explanation
II only
An expert must ordinarily be examined, and opinion on Indian law is for the court alone — foreign law is the exception under § 39.
Sections either side of it
How the neighbouring provisions of the Indian Evidence Act, 1872 were renumbered:
| IEA | Provision | BSA |
|---|---|---|
| 35 | Relevancy of entry in public record made in performance of duty | 29 |
| 40 | Previous judgments relevant to bar a second suit or trial | 34 |
| 43 | Judgments other than those mentioned, when relevant | 37 |
| 47 | Opinion as to handwriting, when relevant | 41 |
| 50 | Opinion on relationship, when relevant | 44 |
| 52 | In civil cases character to prove conduct imputed, irrelevant | 46 |
Practise it
Cutoff has AIBE XXII questions on this area, each cited to both codes with a line telling you where to find it in the bare act. Ten questions per subject are free, no account needed.
Practise free Full IEA→BSA table