Code: Section 45 of Bharatiya Sakshya Adhiniyam (BSA)
Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant.
Illustration:
An expert may give an account of experiments performed by him for the purpose of forming his opinion.
Explanation of Section 45 BSA
Section 45 of the Bharatiya Sakshya Adhiniyam (BSA) clarifies that not only is the opinion of a person relevant in certain legal contexts (such as expert witnesses), but also the reasons or basis upon which that opinion is formed are equally relevant and admissible in court.
This ensures that the Court is not just accepting a person’s conclusion blindly—it must also evaluate the credibility and validity of the reasoning or evidence that supports the opinion.
This section complements provisions like Section 39 BSA, which discusses when expert opinions are admissible in general.
Key Elements
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Applies to any living person whose opinion is relevant under the Act (e.g., expert, witness, community elder).
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The foundation, methods, and evidence supporting that opinion must also be disclosed and may be examined.
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Enables the Court to scrutinize both the conclusion and its justification.
Practical Example
An expert in forensic science is called upon to provide an opinion in a murder case. Under Section 45 BSA:
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His opinion on the cause of death is relevant (per Section 39 BSA).
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Additionally, he may explain the experiments, forensic techniques, and analytical methods he used to arrive at his conclusion. These underlying facts and methods are also relevant.
Illustration
Let’s say an expert testifies in a case involving poison. He may be allowed to describe in detail:
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The laboratory tests he conducted
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Comparisons with known poisoning symptoms
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The process by which he ruled out alternative causes
This explanation supports the credibility of his opinion and allows the opposing counsel and the Court to challenge or accept it with informed understanding.
Common Questions and Answers on Section 45 BSA
Q1. What is meant by “grounds” of an opinion?
“Grounds” refer to the facts, experiments, observations, or logical reasoning on which the person’s opinion is based.
Q2. Can these grounds be challenged in court?
Absolutely. The opposing party can cross-examine the witness on the basis of their reasoning, data, or methodology.
Q3. Does this only apply to expert witnesses?
While most commonly applied to experts (e.g., doctors, scientists, forensic analysts), this section can apply to any living person whose opinion is considered relevant—such as a family elder in relationship matters (See: Section 44 BSA).
Q4. How does this differ from Section 39 BSA?
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Section 39 allows the opinion of experts to be introduced as evidence.
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Section 45 ensures that the reasoning behind that expert opinion is also examined and taken into account.
Internal Reference Links
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For general expert opinion rules, read: Section 39 BSA – Opinions of Experts
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For handwriting or signature verification: Section 41 BSA
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For community or family-based opinions: Section 44 BSA
Conclusion
Section 45 of the BSA strengthens the legal process by ensuring that opinions presented in court are not just accepted at face value—they must be supported by transparent, rational, and verifiable grounds. This promotes fairness, accountability, and deeper scrutiny of all evidence.
For more clarity on Indian evidence law, explore our full collection of BSA articles at ApniLaw.
