Bare ActsThe Bharatiya Sakshya Adhiniyam, 2023 (Draft stage of the translated version)

Section 39

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(1) When the Court has to form an opinion upon a point of foreign law or of science or art, or any other field, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or any other field, or in questions as to identity of handwriting or finger impressions are relevant facts and such persons are called experts. Illustrations. (a) The question is, whether the death of A was caused by poison. The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant. (b) The question is, whether A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law. The opinions of experts upon the question whether the symptoms exhibited by A commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant. (c) The question is, whether a certain document was written byA.Another document is produced which is proved or admitted to have been written byA. The opinions of experts Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. Opinions of experts. 16 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— _________________________________________________________ _________________________________________________________ _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ 16 ꯗꯒꯦꯖꯦꯠꯑꯣꯐꯏꯟꯗꯤꯌꯥꯑꯦꯛꯁꯇ꯭ꯔꯥꯑꯣꯔꯗꯤꯅꯔꯤ [Part II- ꯃꯔꯤꯂꯩꯅꯕꯃꯇꯝꯗ ꯁꯦꯛꯁꯟ꯳꯴, ꯳꯵ ꯑꯃꯁꯨꯡ꯳꯶ꯇ ꯄꯟꯈ꯭ꯔꯤꯕꯁꯤꯡ ꯅꯠꯇꯕ, ꯈꯪ-ꯍꯩꯔꯕꯁꯤꯡꯒꯤ ꯋꯥꯈꯜꯂꯣꯟꯁꯤꯡ, ꯋꯥꯌꯦꯜꯁꯤꯡ ꯑꯁꯤꯅꯆꯤꯡꯕ꯫ ꯋꯥꯌꯦꯜꯐꯪꯕꯗꯅꯝꯊꯥꯛ ꯇꯧꯕꯅꯠꯇ꯭ꯔꯒ ꯌꯥꯟꯁꯤꯟꯅꯕ, ꯅꯠꯇ꯭ꯔꯒꯋꯥꯌꯦꯜꯁꯪꯒꯤ ꯃꯇꯤꯛꯆꯥꯗꯕꯑꯁꯤ ꯄ ꯭ ꯔꯃꯥꯟꯇꯧꯕꯌꯥꯏ꯫ ꯈꯪ-ꯍꯩꯔꯕꯁꯤꯡꯒꯤ ꯋꯥꯈꯜꯂꯣꯟꯁꯤꯡ꯫

Section 39 – The Bharatiya Sakshya Adhiniyam, 2023 (Draft stage of the translated version) | DailyLaw.ai