IEA46
Evidence Act to BSA

Facts bearing upon opinions of experts

Text carried over almost unchanged 100% Repealed 01 Jul 2024

IEA 46 (Facts bearing upon opinions of experts) corresponds most closely to BSA 40, Facts bearing upon opinions of experts, on a text comparison scoring 100 per cent. The Indian Evidence Act, 1872 was repealed with effect from 01 Jul 2024, but conduct before that date is still charged, tried and appealed under it.

Repealed · Indian Evidence Act

Section 46 Facts bearing upon opinions of experts

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.

In force · Bharatiya Sakshya Adhiniyam

Section 40 Facts bearing upon opinions of experts

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.

Other provisions with similar text

The next closest matches, in order. Where a provision was split or merged, the answer is often more than one of these.

How this table was made, and what it is not

There is no official machine-readable correspondence between the Indian Evidence Act, 1872 and the Bharatiya Sakshya Adhiniyam, 2023. The Ministry published comparison charts for human readers; nothing exists that a computer can check. So this is not an official mapping and we do not present it as one.

What it measures is how alike the text of two provisions is. For each provision of the old enactment we compare its words against every provision of the new one and report the closest, with the score. That works here because the new codes are largely a renumbering rather than a rewrite: where a provision carried over near-verbatim the match is self-evidencing, and you can see it for yourself, because both texts are set out side by side on every entry.

Where the law genuinely changed, the score falls and the entry says no close match found rather than offering a guess. Those entries matter: they are where the reform actually did something.

Check before you cite. A high score means the words are alike, not that a court has held the provisions equivalent. For that, read both texts and the Gazette.

Full Evidence Act to BSA table

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.