Relevancy of Expert Opinion

Assignment-Law of Evidence

Introduction

Sec. 45 to Sec.51 under Chapter-II of the Indian Evidence Act provide relevancy of opinion of
third persons, which is commonly called in our day to day practice as expert’s opinion. These
provisions are exceptional in nature to the general rule that evidence is to be given of the facts only
which are within the knowledge of a witness. The exception is based on the principle that the court
can’t form opinion on the matters, which are technically complicated and professionally
sophisticated, without assistance of the persons who have acquired special knowledge and skill on
those matters. Conditions for admitting an expert opinion are following:-

a) That the dispute can’t be resolved without expert opinion and

b) That the witness expressing the opinion is really an expert.

Section 45 of Indian Evidence Act, 1872

Opinions of experts. –– 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 upon that point
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. Such persons are called experts.

Illustrations

(a) The question is, whether the death of A was caused by poison.

The opinions of experts as to the symptoms produced by the poison by which A is supposed to
have died, are relevant.

(b) The question is, whether A, at the time of doing a certain act, was, by reason of unsoundness of
mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or
contrary to law.
The opinions of experts upon the question whether the symptoms exhibited by A commonly show
unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of
knowing the nature of the acts which they do, or of knowing that what they do is either wrong or
contrary to law, are relevant.

(c) The question is, whether a certain document was written by A. Another document is produced
which is proved or admitted to have been written by A.

The opinions of experts on the question whether the two documents were written by the same
person or by different persons, are relevant.

Who is an expert?

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An expert is a person with high knowledge and skill in a particular field of study, a person who has
earned specialized knowledge and skill in that particular field of study. Evidence is information or
opinion given by any person that proves the allegation to be true or not to be true. So expert
evidence is information or opinion given by an expert in any field that person is specialized in,
which comes out to be evidence in any matter. In field of law, expert witness is a person whose
opinion is accepted by judge relating to any fact or evidence. An expert witness giving an opinion
should be only on those matters in which that witness has specialized skills. This opinion given by
expert witness is called expert opinion and if any evidence delivered by expert is called expert
evidence. Expert evidence is applied to both civil cases and criminal cases. According to Section
45 of The Indian Evidence Act, 1872 “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
upon that point of persons specially skilled in such foreign law, science or art, or in questions as to
identification of handwriting, [or finger print analysis are relevant facts. Such persons are called
expert.

Duty of the expert:-

a) An expert is not a witness of fact.

b)His evidence is of advisory character.
c) An expert deposes and does not decide.
d) An expert witness is to furnish the judge necessary scientific criteria for testing the accuracy of
the conclusion so as to enable the judge to form his independent judgment by application of the
criteria to the facts proved by the evidence.

Value of expert opinion:-

The Expert evidence has two aspects --

a) Data evidence [it can’t be rejected if it is inconsistent to oral evidence]

b) Opinion evidence [it is only an inference drawn from the data and it would not get precedence
over the direct eye-witness testimony unless the inconsistency between the two is so great as to
1
falsify the oral evidence] --[Arshad v. State of A.P.
Expert evidence is opinion evidence and it can’t take the place of substantive evidence. It is a rule
of procedure that expert evidence must be corroborated either by clear direct evidence or by
circumstantial evidence.

It is not safe to rely upon this type of evidence without seeking independent and reliable
corroboration -- [S.Gopal Reddy v. State of A.P. AIR 1996 SC2184 (Para27)]
1
1996 CrLJ 2893 (para34) (AP)]

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Evidentiary value, consideration, binding force Opinion of medical experts’ Medical evidence is
only an evidence of opinion. It is only to settle the matter and not so important.

In case of Nilabati Behra v. State (AIR 1993 SC 1960: the opinion of a doctor is reliable if he
held the post-mortem examination and of Forensic Science Laboratory. If any other expert doctor
gave any contrary opinion who gave cryptic report and based on its conjectures should not be relied
upon.

In the case of Madan Gopal v. Naval Dubey (1992) 3 SCC 204 it was held that the medical
opinion is just an opinion and is not binding to the court. Opinion on technical aspects and material
data given by the medical experts is only considered by court as advice and the court has to form
its own opinion. Conflicting opinion of two doctors.

In case of T.P. Divetia v. State, AIR 1997 SC 2193: 1997 Cr LJ 2535 it was held that if there is
any confliction between the opinion of two doctors then the expert opinion by the doctor who
actually examined the injury and held the post-mortem must be considered and not of that doctor
who gave an opinion only on the basis of X-Ray report, injury report or post-mortem report etc.

Conflicting opinion between medical evidence and direct evidence

In case of Prem v. Daula Prem v. Daula, AIR 1997 SC 719: it was held that if there is confliction
between medical evidence and direct evidence given by eye witnesses then direct evidence given
by eye witnesses must be preferred if its testimony is undoubted and not the opinion evidence of
the medical expert.

Corroboration of dying declaration by medical evidence

In the case of State of U.P. v. Ram Sewak 2 it was held that it is rare that description of incident
and injury described in the dying declaration gets full corroboration from the medical evidenced
contained in the injury report or the post-mortem report.

Certificate of doctor on plain piece of paper if to be rejected

In case of Ammini v. State 3 it was held that if the certificate of doctor is given on a plain piece of
paper and not on prescribed form regarding the injury caused to accused person, it cannot be
rejected merely because it is on plain piece of paper and not on prescribed form.

2
(2003) 2 SCC 161
3
AIR 1998 SC 260: 1998 Cr LJ 481

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Medical evidence as to age

In case of S.K. Belal v. State 4 it was held that if medical evidence shows her age between 17 to
18 years but on the other side documentary evidence shows her age about 18 years, a victim girl
cannot be proved minor. But in case of Jagtar Singh v. State AIR 5 it was held that if birth
certificate is not reliable, the opinion of doctor should be relied upon regarding the age of victim.

Evidence of DNA expert

In case of Pantangi Balarama Venkata Ganesh v. State of A.P 6 it was held that “the evidence
of DNA Expert is admissible in evidence as it is a perfect science”.

Opinion of ballistic expert

In the case of S.S. Ajmer Singh v. State of Punjab 7it was held that if there is no ground not to
believe the opinion of ballistic expert, then the opinion of ballistic expert is reliable. Only because
there was delay in sending the pistol for obtaining expert opinion as to whether it was in working
condition, does not make it unreliable when there is clear evidence of the seizure of the weapon
and there was no suggestion that the pistol has been substituted.

In case of Gundegowda v. State 8 it was held that ballistic expert report was admissible without
calling ballistic expert as witness.

In case of Rchhpal Singh v. State of Punjab 9 it was held that the opinion of ballistic expert is
very importance in cases where injury is caused by fire arms. In case of failure to produce such
opinion report affects the credit worthiness.

Police officer when can be treated as ballistic expert

In case of Brij Pal v. State 10 it was held that police personnel must be treated as ballistic expert if
he is having certificate of technical competency and armour technical course and also having long
experience of inspection, examination, and testing of fire arms and ammunition.

Finger-print expert

4
1994 Cr LJ 467 (Ori)
5
1993 SC 2448
6
2003 Cr LJ 4508 (AP)
7
1993 SCC (Cri) 1113
8
1996 CriLJ 852, ILR 1995 KAR 3525
9
Appeal (crl.) 767-769 of 2001
10
1994 AIR 1624 1994 SCC Supl.

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In case of Keshav lal v. State of M.P 11 it was held that before the seizure of the weapon of
offence, if many people have handled it then there will be no effect of non-examination of the
finger-print expert in any way.

Scientific expert

The scientific evidence given in court must be either based on scientific theory or the hypothesis
and such evidence is expected to be empirical and properly documented in accordance with
scientific method such as is applicable to the particular field of inquiry. It is a fact that scientific
evidence is demonstrative evidence unlike oral testimony, which depends on the deposition of a
witness. Scientific methods are used to obtain scientific evidence. Evidence should be relevant and
at the same time worthy enough to become admissible in the courts. An expert witness is called to
testify about the reliability of the scientific evidence sought to be introduced at trial.

In the case of Pritam Singh v. State of Punjab 12 the footprint in blood near the dead body were
compared with the footprint of accused dipped in color ink. 9 and 10 similarities were found by the
experts in right and left foot respectively of the accused with that blood footprint. Whereas 3
dissimilarities were also found that were explained due to difference in density of blood and ink. It
was held that comparison test stood well and footprints in blood were of accused.

Opinion expressed in text books

In case of State of Madhya Pradesh v. Sanjay Rai 13 it was held that opinions expressed in text
books by specialist authors may be of some importance for court in arriving the truth but same
cannot be treated as final or conclusive.

Difference between evidence of an expert and evidence of an ordinary witness:-

Evidence of an expert

1. Expert gives his opinion regarding handwriting, finger impression, nature of injury etc.
2. It is advisory in character.
3. Court can’t pass an order of conviction on the basis of expert opinion, as because it is not
conclusive.
4. Expert gives his opinion on the basis of his experience, special knowledge or skill in the field.

Evidence of an ordinary witness

11
AIR 2002 SC 1221, 2002 (1) ALT Cri 336
12
SC 415, CriLJ 805, AIR SC
13
AIR 2004 SC 2174

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1. An ordinary witness states the fact relating to the incident.

2. Witness states the facts. Opinion of a witness is not admissible.
3. Court may pass an order of conviction on the basis of evidence of ocular witness (eye witness).
4. A witness gives actual facts connected with the incident what he had seen or heard or
perceived.

Considering the provisions of Indian Evidence Act, judicial precedents and our day to day
practice it may be submitted that the following kinds of expert opinion may be relevant:-

1) Foreign law:-

Foreign law can be proved –

a) by the evidence of a person specially skilled in it and

b) by direct reference to the books printed or published under the authority of the foreign
government.

2) Science or art:-

The Science or art includes all subjects on which a course of special study or experience is
necessary to the formation of an opinion. “Science” or “art” is not limited to higher science or fine
art, but it has its original sense of handicraft, trade, profession and skill in work which has been
carried beyond the sphere of the common pursuits of life into that of the artistic and scientific
action.

The following matters are included in the ‘science’ and art and the expert opinion of these matters
are relevant:-

Medical opinion:

The value of Medical evidence is only corroborative. A doctor acquires special knowledge of
medicine and surgery and as such he is an expert. Opinions of a medical officer, physician or
surgeon may be admitted in evidence to show—

a) Physical condition of the a person,

b) Age of a person

c) Cause of death of a person

d) Nature and effect of the disease or injuries on body or mind

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e) Manner or instrument by which such injuries was caused

f) Time at which the injury or wounds have been caused.

g) Whether the injury or wounds are fatal in nature

h) Cause, symptoms and peculiarities of the disease and whether it is likely to cause death

i) Probable future consequences of an injury etc.

When there is a conflict between the medical evidence and ocular evidence, oral evidence of an eye
witness has to get primacy as medical evidence is basically opinionative. Where the direct evidence
is not supported by the expert evidence, the evidence is wanting in the most material part of the
prosecution case and therefore, it would be difficult to convict the accused on the basis of such
evidence. If the evidence of the prosecution witnesses is totally inconsistent with medical evidence,
it is the most fundamental defect in the prosecution case and unless this inconsistency is reasonably
explained, it is sufficient to discredit the evidence as well as the entire case.
Mani Ram v. State of U.P. 14 Where the opinion of one medical witness is contradicted by another
and both experts are equally competent to form an opinion, the court will accept the opinion of that
expert which supports the direct evidence in the case. Piara Singh v. State of Punjab 15

3) Handwriting:-

Like other expert opinion, the opinion of handwriting expert is advisory in nature. The expert can
compare disputed handwriting with the admitted handwriting and give his opinion whether one
person is the author of both the handwriting. The court shall exercise great care and caution at the
time of determining the genuineness of handwriting. A handwriting expert can certify only
probability and 100% certainty. On the question of the handwriting of a person, the opinion of a
handwriting expert is relevant, but it is not conclusive and handwriting of a person can be proved
by other means also.

The following are the different modes of proving handwriting:-

i) A person who wrote the document can prove it. (Sec.47)

ii) A person who saw someone writing or signing a document can prove it (Sec.47)

iii) A person who is acquainted with the handwriting by receiving the documents purported to have
been written by the party in reply to his communication or in ordinary course of business, can
prove the documents (Sec.47)

14
1994 Supp (2) SCC 289,292; 1994 SCC (Cri) 1242]
15
AIR 1977 SC 2274

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iv) The court can form opinion by comparing disputed handwriting with the admitted
handwriting. (Sec.73)

v) The person against whom the document is tendered can admit the handwriting. (Sec.21)

vi) The expert can compare disputed handwriting with admitted handwriting and thereby prove or
disprove whether the documents were written by the same or different persons. (Sec.45)

In case of Alamgir v. State (N.C.T. Delhi) it was held that opinion of handwriting expert do not
amount to conviction but admittedly it can be relied upon when supported by other items of
internal and external evidence.

In the case of Devi Prasad v. State, it was held that evidence given by a person who has
insufficient familiarity should be discarded. Indian Evidence Act insists that documents either be
proved by primary evidence or by secondary evidence.

4) Fingerprint expert:-

Expert opinion on fingerprints has the same value as the opinion of any other expert. The court will
not take opinion of fingerprint expert as conclusive proof but must examine his evidence in the
light of surrounding circumstances in order to satisfy itself about the guilt of the accused in a
criminal case.

5) Ballistic expert:-

A ballistic expert may trace a bullet or cartridge to a particular weapon from which it was
discharged. Forensic ballistics may also furnish opinion about the distance from which a shot was
fired and the time when the weapon was last used.

6) Evidence of tracking dogs:-

Trained dogs are used for detection of crime. The trainer of tracking dogs can give evidence about
the behavior of the dog. The evidence of the tracker dog is also relevant U/s-45.

In Abdul Razak V. State of Maharashtra 16 question arises before the Supreme Court whether
the evidence of dog tracking is admissible in evidence and if so, whether this evidence will be
treated at par with the evidence of scientific experts. In this case, Pune Express was derailed near
Miraj Railway Station on 10th Oct.,1966. Sabotage was suspected. The removal of fishplates was
found to be the cause of derailment and accident. The police dog was brought into service, taken to
the scene of crime. After smelling the articles near the affected joint, the dog ran towards
embankment where one fishplate was lying, then the dog smelt it and went to a nearby shanty and
pounced upon the accused who was a gang man at Miraj Railway station.
16
(AIR 1970 SC 283)

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The Supreme Court held that evidence of the trainer of tracking dog is relevant and
admissible in evidence, but the evidence can’t be treated at par with the evidence of scientific
experts analyzing blood or chemicals. The reactions of blood and chemicals can’t be equated with
the behavior of dog which is an intelligent animal with many thought processes similar to the
thought processes of human beings. Whenever thought process is involved there is risk of error and
deception. The law is made clear by the Supreme Court by enunciating the principle thatthe
evidence of dog tracking is admissible, but not ordinarily of much weight and not at par with the
evidence of scientific experts.

Apart from the above fields, there are chemical analyst, explosive experts, mechanical
experts, interpreter, patent expert, hair expert etc. whose opinion is admissible in evidence.

Admissibility of expert opinion:-

Expert opinion becomes admissible only when the expert is examined as a witness in the court. The
report of an expert is not admissible unless the expert gives reasons for forming the opinion and his
evidence is tested by cross-examination by the adverse party. But in order to curtail the delay and
expenses involved in securing assistance of experts, the law has dispensed with examination of
some scientific experts.

For example, Sec.293 Cr.P.C. provides a list of some Govt. Scientific Experts as following:-

a) Any Chemical Examiner / Asstt. Chemical examiner to the Govt.

b) The Chief Controller of explosives
c) The Director of Fingerprint Bureau
d) The Director of Haffkein Institute, Bombay
e) The Director, Dy. Director or Asstt. Director of Central and State Forensic Science
Laboratory.
f) The Serologist to the Govt.
g) Any other Govt. Scientific Experts specified by notification of the Central Govt.

The report of any of the above Govt. Scientific Experts is admissible in evidence in any inquiry,
trial or other proceeding and the court may, if it thinks fit, summon and examine any of these
experts. But his personal appearance in the court for examination as witnesses may be exempted
unless the court expressly directs him to appear personally. He may depute any responsible officer
to attend the court who is working with him and conversant with the facts of the case and can
depose in the court satisfactorily on his behalf.

Can an Expert suo moto examine and furnish his opinion?

No, an expert can’t initiate examination or analysis and furnish his opinion unless the Investigating
Officer has sought his opinion in compliance with the formal procedure. An expert can’t do
anything suo moto in regard to analysis or examination and formation of his opinion.

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Investigating officer and expert opinion:-

The investigation officer should seek opinion from experts or specially skilled person to form his
own opinion whether the materials collected during the course of investigation is actually
establishes the link between the crime, the victim and the criminals. The investigating officer shall
seek the assistance of an expert whenever he feels necessary for establishing any fact related to the
fact in issue.

Procedure of forwarding exhibits to experts:-

When forwarding the exhibits to the experts certain procedure and formalities must be followed by
the I.O. to dispatch packed exhibits or physical evidence to experts. It ensures identity and
continuity and above all question of integrity of such exhibits. The I.O. shall follow the following
procedure for forwarding the exhibits to the experts:-

1) Exhibits are sent to experts through the concerned court. A forwarding report shall be
prepared by the I.O. in the prescribed format where available.

2) A certificate from the competent authority concern (C.M.M./C.J.M./A.C.J.M. as the case may
be) has to be received in the line that “Certified that the Director, Forensic Science Laboratory, has
the authority to examine the exhibits sent to him in connection with the case of State vs.
…………..(name of the accused) U/s-………(provision of I.P.C. or any other law) and if
necessary, to make them to pieces or remove portions for the purpose of the said examination.”

3) The same seal (wax) shall be used by the I.O. on the forwarding report as affixed on the
forwarding exhibits.

4) The specimen seal shall be on sealing wax and not in the ink.

5) A copy of label (carbon copy) of each exhibit shall accompany the report.

6) The forwarding report shall be prepared in quadruplicate (two for expert, one for case diary
and one for the court’s record) and shall be sent to the expert separately in a sealed cover.

7) The exhibit should always be sent to the expert through police messenger.
8) The Investigating officer should make specific question that may establish the links between
crime, victim and criminals. The questions should be formulated with some objectivity towards
establishing such links between one another.

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Format for forwarding the physical evidence to C.F.S.L/F.S.L.:-

Forwarding note

Case No.:-
State vs. …………….(name of the accused)
Under section—

Nature of crime:--
……………………………………………………………………….
(this should cover nature of the charge, brief history and relevant details)

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List of exhibits sent for examination:--

………………………………………………………………………….
(exact place from where the exhibits were collected)

Nature of examination required:--

…………………………………………………………………………..
(Including any information which will assist the examination)

Particulars of person in custody, if any :--

………………………………………………………………………….

……………………………………….
Signature of the Investigating Officer
Specimen seal impression
Memo No………………

Forwarded to the Director, Central Forensic Science Laboratory/State Forensic Science Laboratory
at……………….

………………………………………………..
Signature & designation of the forwarding officer

CERTIFICATE

CERTIFIED that the Director, Central/State Forensic Science Laboratory at ……………….. has
the authority to examine the exhibits sent to him in connection with Case No………..dated…..U/s-
………… and if necessary, to take them to pieces or remove portions for the purpose of the said
examination.

Date…………………..
Place…………………. …….…………………………
Signature & Designation of Forwarding Authority(CJM/CMM/ACJM)

The discussion or analysis as to the admissibility and relevancy of opinion of an expert under the
law of evidence can’t be complete without analyzing or interpreting the statutory provisions
(Sec.45 to Sec.51) of Indian Evidence Act. Hence the said provisions are discussed herein below.

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45A. Opinion of Examiner of Electronic Evidence.— When in a proceeding, the court has to
form an opinion on any matter relating to any information transmitted or stored in any computer
resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence
referred to in section 79A of the Information Technology Act, 2000 (21 of 2000), is a relevant fact.

Explanation.—For the purposes of this section, an Examiner of Electronic Evidence shall be an

expert.

Example:

a) Expert opinion in respect of a particular hardware or software in issue are relevant.

b) The copyright of a computer program of the plaintiff is infringed. The plaintiff shows that there
is chain of similarities between his programme and defendant’s programme. The defendant replied
that the area of the alleged similarity are mere coincidence and generally this path is used by many
programmers in such circumstances. Here an appropriately qualified expert can give evidence
about the nature of the routine and code in question and how they are derived by the programmers.

46. Facts bearing upon opinions of experts. –– Facts, not otherwise relevant, are relevant if they
support or are inconsistent with the opinions of experts, when such opinions are relevant.

Illustrations

(a) The question is, whether A was poisoned by a certain poison. The fact that other persons, who
were poisoned by that poison, exhibited certain symptoms which experts affirm or deny to be the
symptoms of that poison, is relevant.

(b) The question is, whether an obstruction to a harbour is caused by a certain sea-wall.

The fact that other harbours similarly situated in other respects, but where there were no such sea-
walls, began to be obstructed at about the same time, is relevant.

47. Opinion as to hand-writing, when relevant –– When the Court has to form an opinion as to
the person by whom any document was written or signed, the opinion of any person acquainted
with the handwriting of the person by whom it is supposed to be written or signed that it was or
was not written or signed by that person, is a relevant fact.

Explanation ––A person is said to be acquainted with the handwriting of another person when he
has seen that person write, or when he has received documents purporting to be written by that
person in answer to documents written by himself or under his authority and addressed to that
person, or when, in the ordinary course of business, documents purporting to be written by that
person have been habitually submitted to him

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Difference between Sec.45 & Sec.47:-

Sec.45 Sec.47
a) Opinion of non-handwriting expert is
a) Only opinion of handwriting expert is
relevant
relevant.
b) The person who gives his opinion must be
b) The experts are obviously not acquainted
acquainted with the handwriting of the person in
with the handwriting of the maker.
question.
c) Expert is not present at the time of writing
c) The witness may be present and may see the
the document.
person write.

Sec.47A:- Relevancy of Opinion as to electronic signature

When the court has to form an opinion as to the electronic signature of any person, the opinion of
the Certifying authority which has issued the Electronic Signature Certificate, is relevant.

Illustration/Example

The question arises whether an electronic signature is of A. The certifying authority which has
issued the electronic signature opines that A is not the person who has applied or approached for
getting an electronic signature. Thus A is not the owner of the electronic signature in question. It
belongs to someone else. The opinion of Certifying authority may be accepted by the court.

Sec.48:- Relevancy of opinion as to existence of right or custom

When the court has to form an opinion as to the existence of any general custom or right, the
opinion of the persons who are in a position to know about its existence, are relevant.

Explanation:-

The expression ‘general custom or right’ includes customs or rights common to any considerable
class of persons. Private rights are excluded from the operation of this Section. Here the word
“general” is equivalent to the term ‘public’.

Illustration/Example

A tribal or family custom excluding a son or brother from inheritance may be proved by general
evidence of the members of the tribe or family who would naturally be cognizant of its existence
and its exercise without controversy.

Sec.49:- Relevancy of opinion as to usages, tenets etc.

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1) When the court has to form an opinion as to ----

a) Usages of any body of men of family [usages includes any practice, tradition or custom of trade,
business, agriculture, family etc.]

b) Tenets of any body of men or family [opinion, principle or doctrine held or maintained by a
body of men, it applies to religion, politics science etc.]

c) Constitution and government of religious or charitable foundation

d) Meaning of words or terms used in a particular district or by a particular classes of people

2) Opinion of persons who have special means of knowledge as to the above matters, are relevant

Illustration/Example

A, the sister of B, claims to inherit the self-acquired property of B under a special custom. General
evidence as to existence of such custom by the members of the family who would naturally be
cognizant of its existence and exercise without controversy is admissible.

Sec.50:- Relevancy of opinion as to relationship

When the court has to form an opinion as to relationship between two persons,
2)The opinion of a person on such relationship is relevant on the following conditions:-

a) He may be a member of the family of such persons whose relationship is in dispute or he may
be an outsider.

b) He must have special means of knowledge as to such relationship.

c) His opinion must be expressed by conduct.

The opinion or belief of a person specially competent in this respect as expressed by his conduct in
outward behavior, is relevant. Here the word ‘conduct’ is not necessarily limited to the conduct of
the relation of the persons in dispute, but it includes the conduct of the witness who gave his
opinion about the existence of such relationship.

Proviso:- The proviso to Sec.50 provides that the opinion on relationship can’t be sufficient to
prove a necessarily limited to the conduct of the relation of the persons in dispute, but it includes
the conduct of the witness who gave his opinion about the existence of such relationship.

Proviso:- The proviso to Sec.50 provides that the opinion on relationship can’t be sufficient to
prove a marriage

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1) in the proceedings under Indian Divorce Act or

2) in the prosecutions for -----

a) bigamy (Sec.494 IPC),

b) bigamy with concealment of former marriage from the person with whom subsequent
marriage is contracted (Sec.495 IPC),

c) adultery (Sec.497 IPC) and

d) enticing or taking away or detaining a married woman with criminal intent (Sec.498
IPC).

In these cases the fact of marriage must be strictly proved in regular way.

Sec.51:- Relevancy of grounds of opinion

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

Opinion is no evidence without assigning reasons for such opinion. The correctness of the opinion
can be better estimated if the reasons upon which it is based are known. If the reasons are frivolous
or inconclusive the opinion is worth nothing.

i) An expert may give an account of experiments performed by him for the purpose of
forming his opinion.
ii) An Excise Inspector is an expert on the question whether a certain liquid is illicit liquor
or not. Before he gives his opinion as an expert he has to examine it and has also to
furnish the data on which his opinion is based. His bald statement that the contents of
the bottles are illicit liquor is not sufficient to prove that fact. Gobardhan v. State 17

Conclusion

From the above analysis it may be submitted that evidence of an expert is not a substantive piece of
evidence. The courts do not consider it conclusive. Without independent and reliable corroboration
it may have no value in the eye of law. Once the court accepts an opinion of an expert, it ceases to
be the opinion of the expert and becomes the opinion of the court.

The expert opinion as mentioned in section 45 of the Indian evidence act is a safeguard
against all the complexities that arise because of the lack of knowledge of the judges on various
extra legal issues that need to be addressed to while dealing with the cases that come up before the

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court. As discussed, an expert just has to be a specially skilled person in the field he is to give his
opinion. An expert needs to be ascertained by the court as having the requisite know how on the
subject matter that may vary from the case to case. The expert has to be cross examined, and his
opinion is merely of a suggestive nature which is not binding on the court in any way. Thus in
some cases, the opinion of the expert, where it appears on the face of it to be non corroborative,
must not be given too much of weight. Whenever there is any discrepancy or inconsistency
between the opinion of the medical expert and the eye witness’s account of the event, the evidence
has to be appreciated with caution under which the medical opinion may or may not, depending
upon the facts and circumstances of the case, supersede the ocular evidence.

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Reference:

1. Indian Evidence Act, 1872

2. https://www.legalservicesindia.com/article/1583/experts-opinion-and-its-admissibility-and-
relevancy-law-of-evidence.html#:~:text=the%20opinion%20of%20the%20persons,cross
%2Dexamination%20in%20the%20court.
3. https://www.jagannathuniversity.org/assets/jnu-docs/jurj/publication-paper/1647835952-
jurj221113.pdf
4. https://blog.ipleaders.in/expert-witnesses-under-the-indian-evidence-act-1872/
5. https://www.studyiq.com/articles/section-4546-51-indian-evidence-act1872-expert-opinion-
indian-judiciary-free-pdf-download/

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