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Section 44 BSA to Section 49 BSA | Section 45 BSA | Section 46 BSA | Section 47 BSA | Section 48 BSA

Section 44 BSA | Bharatiya Sakshya Adhiniyam, 2023

Opinion on relationship, when relevant.

When the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact:

Provided that such opinion shall not be sufficient to prove a marriage in proceedings under the Divorce Act, 1869, or in prosecution under sections 82 and 84 of the Bharatiya Nyaya Sanhita, 2023.


(a) The question is, whether A and B were married. The fact that they were usually

received and treated by their friends as husband and wife, is relevant.

(b) The question is, whether A was the legitimate son of B. The fact that A was always treated as such by members of the family, is relevant.

Section 45 BSA | Bharatiya Sakshya Adhiniyam, 2023

Grounds of opinion, when relevant.

Whenever the opinion of any living person is relevant, the grounds on which such opinion is based are also relevant.


An expert may give an account of experiments performed by him for the purpose of forming his opinion.

Section 46 BSA | Bharatiya Sakshya Adhiniyam, 2023

In civil cases character to prove conduct imputed, irrelevant.

In civil cases the fact that the character of any person concerned is such as to render probable or improbable any conduct imputed to him, is irrelevant, except in so far as such character appears from facts otherwise relevant.

Section 47 BSA | Bharatiya Sakshya Adhiniyam, 2023

In criminal cases previous good character relevant.

In criminal proceedings the fact that the person accused is of a good character, is relevant.

Section 48 BSA | Bharatiya Sakshya Adhiniyam, 2023

Evidence of character or previous sexual experience not relevant in certain cases.

In a prosecution for an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77 or section 78 of the Bharatiya Nyaya Sanhita, 2023 or for attempt to commit any such offence, where the question of consent is in issue, evidence of the character of the victim or of such person's previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent.

Section 49 BSA | Bharatiya Sakshya Adhiniyam, 2023

Previous bad character not relevant, except in reply.

In criminal proceedings, the fact that the accused has a bad character, is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant.

Explanation 1.—This section does not apply to cases in which the bad character of any person is itself a fact in issue.

Explanation 2.—A previous conviction is relevant as evidence of bad character.

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