Evidence Act to BSA
Evidence Act Section 45 in BSA: Section 39
Section 45 of the Indian Evidence Act, 1872 (Opinions of experts) corresponds to Section 39 of the Bharatiya Sakshya Adhiniyam, 2023.
Last updated 9 October 2026
Evidence Act 45 and BSA 39 at a glance
| Evidence Act (old) | BSA (new) | |
|---|---|---|
| Section | 45 | 39 |
| Heading | Opinions of experts | Opinions of experts |
| Mapping | Direct equivalent | |
What Evidence Act Section 45 covered
Makes relevant the opinions of persons specially skilled in foreign law, science or art, or in questions of identity of handwriting or finger impressions, when the court has to form an opinion on such a point.
What changed in BSA Section 39
BSA Section 39 widens the fields to include "any other field", and incorporates the former Section 45A, so that the opinion of the Examiner of Electronic Evidence is relevant on information stored in a computer resource or other electronic or digital form.
Which law applies: Evidence Act or BSA?
The BSA applies from 1 July 2024. Under Section 170 of the BSA, an application, trial, inquiry, investigation, proceeding or appeal that was pending immediately before that date continues to be governed by the Indian Evidence Act, 1872.
Read the full text of both provisions before you cite them. The official bare acts are published on India Code.
Evidence Act 45: common questions
What is the new section for Evidence Act 45?
Evidence Act Section 45 (Opinions of experts) corresponds to Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
What changed between Evidence Act 45 and BSA 39?
BSA Section 39 widens the fields to include "any other field", and incorporates the former Section 45A, so that the opinion of the Examiner of Electronic Evidence is relevant on information stored in a computer resource or other electronic or digital form.
Does Evidence Act Section 45 still apply to older cases?
The BSA applies from 1 July 2024. Under Section 170 of the BSA, an application, trial, inquiry, investigation, proceeding or appeal that was pending immediately before that date continues to be governed by the Indian Evidence Act, 1872.
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Not legal advice. This comparison is a research starting point. A mapped section is not proof that two provisions are identical. Read both bare acts, check commencement and any later amendment, and have a qualified advocate review anything you intend to rely on. Settl is not a law firm.