A court applying section 39(1) of the Bharatiya Sakshya Adhiniyam, 2023 must form an opinion on a…
Section 39(1) makes a person's expert opinion relevant if they are specially skilled in the subject on which the court must form an opinion. The court therefore assesses the…
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A court applying section 39(1) of the Bharatiya Sakshya Adhiniyam, 2023 must form an opinion on a scientific question. The proposed witness is still a student. What determines whether the student's opinion is relevant as expert opinion?
Answer and explanation
Correct answer B
Section 39(1) makes a person's expert opinion relevant if they are specially skilled in the subject on which the court must form an opinion. The court therefore assesses the student's relevant skill.
Option feedback
Option A
Section 39(1) asks whether the person is specially skilled. Completion of a course can be evidence of skill, but is not the statutory test.
Option B
Section 39(1) makes relevant the opinions of persons specially skilled in the matter on which the court must form an opinion.
Option C
Section 39(1) makes skill in the field decisive. Previous testimony is not a statutory requirement.
Option D
A teacher's approval does not supply the statutory criterion of special skill in the field.
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