Under the BSA, what is the value of expert opinion in a trial?
Advisory in nature, but holds persuasive value
Advisory in nature, but holds persuasive value is correct.
The Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced the Indian Evidence Act, 1872 from 1 July 2024, deals with expert opinion in Section 39 (corresponding to old Section 45). The opinion of persons specially skilled in science, art, handwriting, finger impressions or foreign law is a relevant fact.
Expert opinion is only advisory: the court weighs it with the other evidence and is not bound by it. It carries persuasive value and helps the judge reach a conclusion, but the final decision is the court's own.
It is not conclusive proof, it is not ignored, and it applies to both civil and criminal trials, so the other choices are wrong.
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