Expert Opinion Including Some Important Sections

EXPERT OPINION

Introduction

• Sections 45 to 51 of Chapter II of the Indian Evidence Act provide for the relevance of third-party opinion, also known as expert opinion in daily practise.

• These provisions are an exception to the general rule that evidence is to be given only of facts within a witness's knowledge.

• The exception is based on the principle that the court cannot form an opinion on matters that are technically complicated and professionally sophisticated without the assistance of persons who have acquired special knowledge and skill on those matters.

Who is an Expert?

• The definition of an expert may be referred from the provision of Sec.45 of the Indian Evidence Act that an ‘Expert’ means a person who has special knowledge, skill, or experience in any of the following;

1) Foreign law

2) Science

3) Art

4) Handwriting

5) Finger impression

• and such knowledge has been gathered by him;

1) By practice

2) Observation

3) Proper studies

According to Sec 45, the definition of an expert is confined only to the five subjects or fields as mentioned earlier. However, there are some additional subjects or fields on which the court may seek the opinion of an expert. An expert witness is someone who has devoted time and study to a specific field of knowledge and is thus particularly skilled in the areas on which he is asked to comment. His testimony on these points is admissible in order for the court to reach a satisfactory decision.

Duty of the expert:

1) An expert is not a factual witness.

2) His evidence is intended to be advisory.

3) An expert deposes but does not rule.

4) An expert witness is to provide the judge with the scientific criteria needed to test the accuracy of the conclusion, allowing the judge to form his own independent judgement by applying the criteria to the facts proven by the evidence.

Admissibility of expert opinion:

Only when the expert is called as a witness in court does his or her opinion become admissible. The report of an expert is inadmissible unless the expert gives reasons for his opinion and his evidence is cross-examined by the opposing party.

Section 45: Opinions of experts (Indian Evidence Act)

“When the Court has to form an opinion upon a point of foreign law or of science or art, or as the identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to the identity of handwriting or finger impressions are relevant facts. Such persons are called experts.”

Section 46: Facts bearing upon the opinion of experts (Indian Evidence Act)

“Facts not otherwise relevant are relevant if they support or are inconsistent with the opinions of experts when such opinions are relevant.”

 Section 51: Grounds of opinion, when relevant (Indian Evidence Act)

“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.”