Expert Opinion Under the BSA (Section 39): Evidence Act 45 Mapping (2026)
When the opinion of an expert becomes relevant evidence, what Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 covers, the place of the Examiner of Electronic Evidence, and how it maps to Section 45 of the old Evidence Act. Last verified October 2026.
Explainer · BSA · Evidence Law
Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is the rule that makes the opinion of an expert, in fields like science, handwriting, fingerprints or foreign law, a relevant fact in court. It replaced Section 45 of the Indian Evidence Act, 1872 from 1 July 2024, and it also treats the Examiner of Electronic Evidence as an expert. It is a rule of evidence, not an offence, so it carries no punishment. Last verified October 2026.
- What it is: Section 39 of the BSA, 2023, the rule that makes an expert’s opinion a relevant fact.
- Old law: it replaced Section 45 of the Indian Evidence Act, 1872 (old Section 45A is folded into Section 39).
- Electronic evidence: the Examiner of Electronic Evidence is treated as an expert for digital questions.
- No punishment: this is an evidence rule, not an offence, so it carries no punishment.
- Search and track: Claw finds Section 39 judgments and tracks live cases across 9,102 forums.
01What Section 39 covers
Section 39 of the BSA tells a court when it may take the help of an expert. The normal rule is that a witness speaks to facts, not opinions. Section 39 is an exception: on certain technical points, the opinion of a person who is specially skilled is itself a relevant fact.
The fields named in the section include:
- foreign law;
- science and art;
- the identity of handwriting;
- finger impressions.
So when the court has to decide a question of, say, medical cause of death, ballistics, chemical analysis, or whether two signatures match, it may hear a doctor, a forensic analyst or a handwriting expert, and treat that opinion as relevant. The weight of the opinion is for the court to decide after testing it.
Section 39 is written to allow expert opinion in science, art, foreign law and other skilled fields, which keeps it open to new areas of expertise.
02The Examiner of Electronic Evidence
One modern feature sits inside Section 39. Where the court has to form an opinion on information stored or transmitted in any computer resource or other electronic form, the opinion of the Examiner of Electronic Evidence, under Section 79A of the Information Technology Act, 2000, is a relevant fact.
In practice this means a notified Examiner of Electronic Evidence is treated as an expert for digital questions. This part carries forward the rule that the old law had placed in Section 45A of the Indian Evidence Act.
Experts and electronic evidence
Expert opinion often works together with the rules on electronic records. The admissibility of the record itself is handled by Section 63 of the BSA, while Section 39 governs the expert opinion about it.
For how an electronic record is admitted in the first place, see our explainer on electronic evidence under Section 63.
03Section 39 and old Section 45: the mapping
Section 39 of the BSA corresponds to Section 45 of the Indian Evidence Act, 1872. The rule about the Examiner of Electronic Evidence, which the old Act had added as Section 45A, is folded into Section 39 of the BSA.
| Old law (Indian Evidence Act, 1872) | New law (BSA, 2023) | Subject |
|---|---|---|
| Section 45 | Section 39(1) | Opinions of experts |
| Section 45A | Section 39(2) | Opinion of the Examiner of Electronic Evidence |
If you are searching for "section 45 evidence act in bsa", the answer is Section 39. The rule is carried forward, with the electronic evidence expert now sitting in the same section.
04Is there a punishment? Is it cognizable or bailable?
Section 39 does not create an offence, so it has no punishment. The words cognizable, bailable, and triable by do not apply to it. It is a rule of evidence that decides when an expert opinion is relevant.
The offence being tried is charged under its own section in the Bharatiya Nyaya Sanhita, 2023. Section 39 only governs whether the court may hear and rely on an expert on a technical point in that trial.
05What changed from the old law
The move to Section 39 is mostly about structure.
- Same core rule. Opinions of experts in science, art, foreign law, handwriting and finger impressions remain relevant, now under Section 39.
- Electronic evidence expert folded in. The Examiner of Electronic Evidence, earlier in Section 45A, now sits inside Section 39.
- Room for new fields. The section is framed to keep pace with forensic science and digital expertise.
For the bigger picture, see our overview of the new criminal laws of 2024 and the key changes from the Evidence Act to the BSA.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Expert opinion under Section 39 is argued in medical, forensic, handwriting and cyber cases every day, and the courts keep developing how much weight an opinion carries. This is where Claw helps. You can search 30 crore+ judgments across the Supreme Court and 25 High Courts to see how courts have read Section 39 and the old Section 45, and you can track live cases and orders across 9,102 courts, benches and forums, all by section, party or advocate name, with results in under 5 seconds. Claw does not use customer case documents to train AI models.
Create a FREE Claw account to search and track cases under this section by party or advocate name. There is a free plan for individual advocates, with paid plans for teams. To go deeper, see the guide to case search across Indian courts.
07Sources and further reading
- India Code (official text of the Bharatiya Sakshya Adhiniyam, 2023): indiacode.nic.in
- Ministry of Home Affairs (the new criminal laws): mha.gov.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The new criminal laws are still being interpreted by the courts, so check the current text of the BSA and take advice from counsel before you rely on a provision.
08Frequently asked questions
What is Section 39 of the BSA?
Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 makes the opinion of a person specially skilled in foreign law, science, art, handwriting or finger impressions a relevant fact when the court has to form an opinion on such a point. It also treats the Examiner of Electronic Evidence as an expert.
Which section of the Evidence Act is Section 39 of the BSA?
Section 39 corresponds to Section 45 of the Indian Evidence Act, 1872. The rule about the Examiner of Electronic Evidence, earlier in Section 45A, is now folded into Section 39 of the BSA.
Who is treated as an expert for electronic evidence?
The Examiner of Electronic Evidence notified under Section 79A of the Information Technology Act, 2000 is treated as an expert for questions about information stored or transmitted in a computer resource or other electronic form.
Is an expert opinion binding on the court?
No. An expert opinion is a relevant fact, but it is not binding. The court tests the opinion and decides how much weight to give it, along with the rest of the evidence.
What is the punishment under Section 39 of the BSA?
There is none. Section 39 is a rule of evidence, not an offence, so it carries no punishment and the terms cognizable or bailable do not apply to it. The offence itself is charged under its own section in the Bharatiya Nyaya Sanhita, 2023.
How can I find judgments on expert opinion under Section 39?
Claw lets you search 30 crore+ judgments across the Supreme Court and 25 High Courts by section, party or advocate, and track live cases across 9,102 forums, with results in under 5 seconds. You can create a free account to search and track cases under this section.