With a view to obtain ‘expert opinion’, who could be treated as ‘Expert’, under the Indian Evidence Act, 1872?

Question: With a view to obtain ‘expert opinion’, who could be treated as ‘Expert’, under the Indian Evidence Act, 1872? [HPJS 2019]

Find the answer to the mains question of the Law of Evidence only on Legal Bites. [With a view to obtain ‘expert opinion’, who could be treated as ‘Expert’, under the Indian Evidence Act, 1872?]

Answer

Under the Indian Evidence Act, 1872, an expert is a person who has specialized knowledge, skill, or experience in a particular field and whose opinion is admissible as evidence in court. Section 45 of the Indian Evidence Act (Section 39 of Bharatiya Sakshya Adhiniyam, 2023) specifically deals with the opinion of experts and recognizes experts in the following fields:

• Foreign Law
• Science
• Art
• Handwriting
• Finger Impressions

In Murari Lal S/o Ram Singh v. State of Madhya Pradesh, 1980 SCR (2) 249, the Supreme Court held that expert opinion, including that of a handwriting expert, is admissible without mandatory corroboration, though caution must be exercised due to the imperfect nature of handwriting identification. The court can compare disputed writings with admitted samples under Section 73 of the Evidence Act. In this case, the appellant’s handwriting was found to match the note at the crime scene, and the recovery of the deceased’s watch further linked him to the crime, justifying his conviction.

Limitations of Expert Opinion

• An expert’s opinion is not conclusive and must be corroborated with other evidence.
• Courts have the discretion to accept or reject expert testimony.

Thus, an ‘Expert’ under the Indian Evidence Act, 1872, is any person possessing specialized knowledge, skill, or experience in a particular field relevant to the legal dispute, whose opinion may assist the Court in forming a decision.

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