Relevancy of opinions of third parties

A fire breaks out in a godown in Bhiwandi, and the owner claims insurance. Was it short-circuit or arson? The judge is a lawyer, not an electrician or a fire scientist. A witness cannot just say, I think it was arson, because what a witness thinks is usually not evidence. But when the subject is beyond the ordinary person, the court turns to people with special skill. Sections 39 to 45 of the Bharatiya Sakshya Adhiniyam, 2023 say whose opinion counts, on what subjects, and how far.

In two minutes

Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 makes relevant the opinions of persons specially skilled in foreign law, science, art or any other field, or in handwriting or finger impressions, and in electronic matters the opinion of the Examiner of Electronic Evidence; sections 41 to 44 add opinions on handwriting, customs, usages and relationship, and section 45 makes the grounds of any relevant opinion relevant.

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