Indian Evidence Act- Expert Opinion (Section 45 to Section 51)

Expert Opinion

Introduction

 

Section 45 to Section 51 deals with opinion of third person.

Section 45-Expert Opinion

 

There are  5 subjects upon which any person having skills can give opinion. The subjects are as below

1.   Foreign Law

2.   Science

3.   Art

4.   Handwriting experts.

5.   Finger Impression

Any person having knowledge (Deep) in above subjects is termed as expert by section 45. If in any case if above person gives opinion then his opinion would be relevant.

In one of the case it was held that shia law with respect to marriage is not a foreign law. Foreign law here means a law which is not in a force in India and alien to us.

In Bhagwan Kaur Vs M Kesmi  1973, it was held by court that handwriting expert opinion would be weakest evidence.

Emperor Vs Fakir Mohammed, It was decided that in case of finger impression corroboration is not mandatory

In Abdul Razaak Vs State of Maharashtra, 1970 supreme court held that if discovery is made with the help of dog, it would be termed as science subject.

In one of the case opinion about footprints is not considered as expert opinion.

 

Section 45A Opinion of examiner of electronic evidence.

 

This section was added after enactment of IT Act,1999. It states that opinion of examiner of electronic evidence can also be viewed as expert opinion. This included opinion of messaging(Whatsapp like services), data stored on devices etc.

 

Section 46-Fact bearing upon opinion of expert

 

Section 46 can be said to complimentary to section 45. It states that any statement which is not relevant become relevant when it affirms or denies the expert opinion.

For example, after death of A question arises whether A was killed by rat poison. The statement that A displayed symptoms that other people also displayed who were poisoned by rat poison become a relevant fact.

 

Section 47-Opinion as to handwriting, 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 written or signed that it was or was not written signed by that is a relevant fact.

It takes into account an opinion of acquaintances (Friends, relatives) related to handwriting.

Section differs with section 45 in a sense that section 45 opinion of unknown person becomes relevant, whereas for section 47’s opinion has to from related person. (Friend, co-worker, relative etc)

Section 47A- Opinion as to digital signature when relevant

 

The opinion of certifying authority who have issued the digital signature became relevant under this section.

Section 48- Opinion as to existence of right or custom, when relevant

 

This section is to be read with section 13. Section 13 talks about particular right whereas this section talks about general right or custom.

If any community is granted fishing rights over any lake, who can give authoritative opinion about it, or who can certify such fact? Of course a person who know about existence of such right.

When court has to form an opinion about right or custom, then opinion of such person who knows about such rights or custom can become relevant

Section 49- Opinion as to usage, tenets etc when relevant.

 

When court has to form opinion about

·        Tenets

·        Constitution of government of any religious or charitable foundation

·        Meaning of word or terms using in particular district or by particular classes of people

Whoever keep the knowledge about above things his opinion become relevant.

Section 50- Opinion on relationships, when relevant

 

You are owner. You rented your home to major male(X) and female(Y). Later dispute arose and Y files for maintenance. X refused that Y is married to him. Court calls you to testify. You tell the court that while rent agreement, X and Y were party as husband and wife. You with your rent agreement had a special knowledge about relationship between X and Y and hence your opinion become relevant.

Section 50 talks about “your” opinion. It states that if anybody had any special knowledge about any relationship then his opinion become relevant.

Section 51- Grounds of opinion when relevant

 

In previous section, we have taken example of X and Y. You reached opinion that X and Y are married based on their conduct and together execution  of rent agreement.  So the rent agreement also becomes relevant because your opinion is based on it.

Section 51 states the same, that the grounds on which you form your opinion also are relevant.