Section 40
Facts bearing upon opinions of experts
Reviewed by Ravi Sisodia · Last reviewed 10 October 2026
Official text of section 40 of the Bharatiya Sakshya Adhiniyam, 2023 (Chapter II: Relevancy of facts), with the matching section of the Indian Evidence Act, 1872.
Section 40, official text
Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant.
Illustrations.
(a) The question is, whether A was poisoned by a certain poison. The fact that other persons, who were poisoned by that poison, exhibited certain symptoms which experts affirm or deny to be the symptoms of that poison, is relevant.
(b) The question is, whether an obstruction to a harbour is caused by a certain sea-wall. The fact that other harbours similarly situated in other respects, but where there were no such sea-walls, began to be obstructed at about the same time, is relevant.
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 40 replaces Section 46 of the Indian Evidence Act, 1872 (“Facts bearing upon opinions of experts”). The wording is substantially the same as the earlier section. The 1872 Act was repealed by section 170 of the Adhiniyam, which saves proceedings pending on 1 July 2024.
Nearby sections
- Section 38 — Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
- Section 39 — Opinions of experts
- Section 41 — Opinion as to handwriting and signature, when relevant
- Section 42 — Opinion as to existence of general custom or right, 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 40