Section 39
Opinions of experts
Reviewed by Ravi Sisodia · Last reviewed 10 October 2026
Official text of section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (Chapter II: Relevancy of facts), with the matching section of the Indian Evidence Act, 1872.
Section 39, official text
(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 by A. Another document is produced which is proved or admitted to have been written by A. The opinions of experts on the question whether the two documents were written by the same person or by different persons, are relevant.
(2) When in a proceeding, the court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000, is a relevant fact.
Explanation.—For the purposes of this sub-section, an Examiner of Electronic Evidence shall be an expert.
Source: The Bharatiya Sakshya Adhiniyam, 2023 (Act 47 of 2023), Gazette of India Extraordinary, in force from 1 July 2024. The signed Gazette controls.
Compared with the Indian Evidence Act, 1872
Section 39 replaces Section 45 of the Indian Evidence Act, 1872 (“Opinions of experts”). The provision has been reworded or extended compared with the earlier section; read the two texts side by side. The 1872 Act was repealed by section 170 of the Adhiniyam, which saves proceedings pending on 1 July 2024.
Nearby sections
- Section 37 — Judgments, etc., other than those mentioned in sections 34, 35 and 36 when relevant
- Section 38 — Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
- Section 40 — Facts bearing upon opinions of experts
- Section 41 — Opinion as to handwriting and signature, when relevant
Source and review trail
The text above is taken from the Gazette of India publication of the Act. Check later amendments and the signed Gazette before relying on it.
- Official text
- NCRB — Bharatiya Sakshya Adhiniyam, 2023, section 39