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Under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023, the opinion of an expert cannot be on the…

Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 45 of the Indian Evidence Act, 1872) makes relevant the opinions of experts on foreign law, science,…

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Under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023, the opinion of an expert cannot be on the question of

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Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 45 of the Indian Evidence Act, 1872) makes relevant the opinions of experts on foreign law, science, art, any other field and identity of handwriting or finger impressions. "Indian Law" is not on the list, because the court must itself know and judicially notice Indian law (section 52). Foreign law, science and art are expressly listed subjects of expert opinion; the words "any other field" do not transfer the court's responsibility to determine domestic law to an expert.

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