Section 39 of BSA : Section 39: Opinions of experts.

BSA

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Explanation using Example

Example 1:

Scenario: A high-profile murder case in Mumbai involves the death of a businessman, Mr. Sharma, who was found dead in his apartment. The police suspect that he was poisoned.

Application of Section 39:

  • The court needs to determine whether Mr. Sharma's death was caused by poison.
  • The prosecution presents the testimony of Dr. Mehta, a forensic toxicologist, who is an expert in poisons.
  • Dr. Mehta explains the symptoms of the specific poison found in Mr. Sharma's body and confirms that these symptoms match those observed in Mr. Sharma's case.
  • The court considers Dr. Mehta's expert opinion as a relevant fact in determining the cause of death.

Example 2:

Scenario: In a property dispute in Delhi, a will is presented that allegedly bears the signature of the deceased, Mr. Verma. However, Mr. Verma's son claims that the signature is forged.

Application of Section 39:

  • The court needs to determine whether the signature on the will is genuinely Mr. Verma's.
  • The court calls upon Mr. Kapoor, a handwriting expert, to compare the signature on the will with other documents known to have b...

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