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An expert is competent to testify on which of the following subjects under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Sec. 45 of the Indian Evidence Act) 1. Identity of…

Question and options

An expert is competent to testify on which of the following subjects under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Sec. 45 of the Indian Evidence Act)
1. Identity of Handwriting
2. Finger impression
3. Domestic (Indian) law
4. Foreign Law
  1. Only 1 and 2
  2. Only 2 & 3
  3. Only 1 and 3
  4. Only 1, 2 and 4

Answer and explanation

Correct answer: D - Only 1, 2 and 4
Section 39 BSA (formerly s.45 Evidence Act) covers foreign law, science or art, and identity of handwriting or finger impressions, so items 1, 2 and 4 qualify. Indian law is not a matter for expert evidence (the court takes judicial notice of it, s.52 BSA, formerly s.57). So only 1, 2 and 4.

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