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Witnesses must give evidence of facts and not of their opinions; which of the following Sections of the…

Sections 39 to 45 of the Bharatiya Sakshya Adhiniyam, 2023 address when third-person opinions are relevant. The group includes expert opinion, facts bearing on expert…

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Witnesses must give evidence of facts and not of their opinions; which of the following Sections of the Bharatiya Sakshya Adhiniyam, 2023 form exceptions to the rule?

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Answer and explanation

Correct answer D

Sections 39 to 45 of the Bharatiya Sakshya Adhiniyam, 2023 address when third-person opinions are relevant. The group includes expert opinion, facts bearing on expert opinion, opinion on handwriting and signatures, general customs or rights, usages and tenets, relationships, and grounds of relevant opinions. Section 41(2) specifically covers the certifying authority’s opinion about an electronic signature.

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Option A

Sections 46 to 50 deal with character evidence.

Option B

Sections 8 to 13 cover other grounds of relevancy, including conspiracy, inconsistent facts, damages, custom, state of mind and whether an act was accidental or intentional.

Option C

Sections 4 to 7 deal with facts forming part of the same transaction, their occasion, cause or effect, motive and conduct, and explanatory facts.

Option D

Sections 39 to 45 are the group dealing with the relevance of opinions of third persons.

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