Question

Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 deals with opinions of experts. Which of the following is a CORRECT statement regarding expert opinions under this provision?

Q: Answer-Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 deals with opinions of experts. Which of the fol...

Section 391 of the Bharatiya Sakshya Adhiniyam, 2023 significantly expands the scope of expert opinions by including the phrase or any other field in addition to the traditionally enumerated areas of foreign law, science, art, handwriting identification, and finger impression identification. This expansion allows courts to seek expert opinions on any field that requires specialized knowledge, making the provision more flexible and adaptable to contemporary needs. This addresses the evolution of new areas of expertise that may not fall neatly into the traditional categories.

A Expert opinions are binding on the court and must be accepted as conclusive proof of the facts they address

B Section 39 restricts expert opinions to only five specific fields: foreign law, science, art, handwriting identification, and finger impression identification

C Section 39 expands the scope compared to the Indian Evidence Act by allowing expert opinions on "any other field" beyond the specifically enumerated areas

D When electronic evidence needs authentication, the court must appoint an Examiner of Electronic Evidence under Section 79A of the IT Act, and no other expert's opinion is admissible

E An expert's opinion is considered stronger and more reliable than direct testimony from eyewitnesses according to established judicial precedents

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Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 deals with opinions of experts. Which of the following is a CORRECT statement regarding expert opinions under this provision?

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