Expert Evidence under Bharatiya Sakshya Adhiniyam, 2023: Scope, Reliability and Judicial Evaluation

Farin Fatima Faris , Mahalingam V

Expert Evidence, Bharatiya Sakshya Adhiniyam,2023, Judicial Evaluation, Reliability of Evidence, Forensic Science, Opinion Evidence, Indian Evidence Law, Institutional Model, Digital Evidence, Criminal Justice Reform.

The law of evidence plays a crucial role in the administration of justice, as it sets the rules for proving facts in court. One important type of evidence is expert evidence, which is especially useful in cases that involve specialized knowledge, like science, medicine, or technology. Recently, India introduced a new law called the Bharatiya Sakshya Adhiniyam, 2023, which updates the old Indian Evidence Act of 1872. This paper looks at how the new law handles expert evidence, focusing on its scope, reliability, and its judicial evaluation. Using a framework that considers the role of institutions in shaping public policy, this study argues that expert evidence is only effective if the institutions that support it, such as courts, forensic labs, police, and regulatory bodies, are functioning well. The paper also examines how courts use expert opinions, showing that they are often seen as advisory rather than definitive. It highlights current challenges, including inadequate forensic infrastructure, delays in getting expert reports, questionable scientific methods, and judges relying too heavily on specialized evidence. In conclusion, while the new law strengthens the framework for using scientific and digital evidence, its success depends on significant reforms to institutions, professional training, and judges' ability to critically evaluate expert evidence. This is essential to ensure that justice is served and that expert evidence is used effectively in court. The new law is a step in the right direction, but it requires a broader effort to build a durable well-designed system that supports the use of expert evidence in India's justice system.

Volume 14 Issue 4, April-2026

Pages : l408-l417