Expert Opinion under Indian Evidence Act, 1872
Expert Opinion under Indian Evidence Act, 1872
Definition:
Expert opinion refers to the testimony given by a person who possesses specialized knowledge, skill, experience, training, or education in a particular field, which is beyond the ordinary knowledge of a layman. Such opinions help the court understand matters of technical or scientific nature.
Relevant Provisions in the Indian Evidence Act, 1872
Section 45:
This section is the key provision regarding expert opinion. It states:
"When the court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of handwriting or finger impressions, the opinions of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions, are relevant facts."
Explanation:
The opinion of an expert is relevant only on matters of specialized knowledge, such as foreign law, science, art, handwriting, or fingerprints. The expert's opinion is admissible to assist the court but is not binding on the court.
Key Features of Expert Opinion
Specialized Knowledge:
Expert witnesses must possess specialized knowledge, skill, or experience in the relevant field.
Assist the Court:
The role of expert opinion is to aid the court in understanding complex issues which are outside the common knowledge of the judge.
Not Binding:
The court is not bound to accept the expert’s opinion. It may accept or reject it after examining other evidence.
Opinion on Facts vs. Opinion on Law:
Experts can give opinions on facts that require specialized knowledge (e.g., whether a document is forged, cause of a disease). They cannot give opinions on pure questions of law (except foreign law).
Subject Matter:
Common areas where expert opinions are sought include:
Medical issues (e.g., cause of injury, mental condition)
Handwriting and fingerprint identification
Scientific analysis (e.g., DNA tests, ballistics)
Foreign law
Art, engineering, or other technical fields
How Expert Opinion is Presented
Usually through expert witnesses who appear in court and give evidence.
They may be cross-examined by the opposing side.
Their qualifications, experience, and methodology may be scrutinized.
Illustration
If the prosecution claims a death was caused by poison, a medical expert may be called to testify regarding the nature of the poison and cause of death based on autopsy reports and scientific tests. This expert opinion will help the court determine if the charge of poisoning is substantiated.
Judicial Approach
Indian courts have consistently held:
Expert evidence is not conclusive; the court must evaluate the evidence in conjunction with other facts.
Experts are witnesses to assist, not decide the case.
The credibility of expert evidence depends on the expert's credentials, the logic of the opinion, and corroborative evidence.
Summary
| Aspect | Details |
|---|---|
| Law | Section 45, Indian Evidence Act, 1872 |
| Purpose | Assist court in technical/scientific matters |
| Who can give opinion? | Experts with special knowledge/skill |
| Binding nature | Advisory only, not binding on the court |
| Areas covered | Science, art, foreign law, handwriting, fingerprints |
| Evaluation | Court assesses relevance, credibility, and consistency |
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