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Evidence Act Section 45 in the BSA
Section 45 of the Indian Evidence Act, 1872, Opinions of experts, is now Section 39(1) of the Bharatiya Sakshya Adhiniyam, 2023, which brings together Evidence Act Sections 45 and 45A.
Evidence Act 45 and the BSA
| Evidence Act | BSA | BSA heading |
|---|---|---|
| 45 | 39(1) | Opinions of experts. |
Which code applies
The Bharatiya Sakshya Adhiniyam came into force on 1 July 2024. An application, trial, inquiry, investigation, proceeding or appeal already pending on that date is dealt with under the Indian Evidence Act.
“Notwithstanding such repeal, if, immediately before the date on which this Adhiniyam comes into force, there is any application, trial, inquiry, investigation, proceeding or appeal pending, then, such application, trial, inquiry, investigation, proceeding or appeal shall be dealt with under the provisions of the Indian Evidence Act, 1872, as in force immediately before such commencement”
Which code governs your matter can turn on the date of the offence and the stage the case had reached on 1 July 2024. Read the official text before you rely on any table.
Sources
Section numbers follow the correspondence table prepared by the Central Academy for Police Training, Bhopal, of the Bureau of Police Research and Development. Headings are taken from the Indian Evidence Act, 1872 and the Bharatiya Sakshya Adhiniyam, 2023 as published, and from the table. The official text governs: read the section itself before you rely on it.
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