Opinion of third
persons, when relevant
(sections 45-51),
Section45 - Opinions of experts
When the Court has to form an opinion upon a point of
foreign law or of science or art, or as identity of
handwriting 1 [or finger impressions], the opinions upon
that point of persons specially skilled in such foreign law,
science or art, 2 [or in questions as to identity of
handwriting] 1 [or finger impressions] are relevant facts.
Such persons are called experts
SCOPE
AN EXPERT WITNESS
PERQUISITES OF EXPERT EVIDENCE
1. EXPERT (TESTIMONY)OPINION WAS NECESSARY
2. THE WITNESS IN QUESTION IS REALLY AN EXPERT(only of
advisory nature)
FOREIGN LAW(section 38)
SCIENCE OR ART
MEDICAL EVIDENCE
NO CONVICTION SOLELY ON THE BASIS OF EXPERT EVIDENCE
OPINION OF DOCTOR AS TO AGE
STATE OF MAHARASHTRA vs. MD. SAJID HUSSAIN,MD. S .
HUSSAIN(AIR 2008)(age of the victim)
GUN SHOT-EXACT TIME OF DEATH CAN NOT BE
ESTABLISHED
BALLISTIC EXPERT
HANDWRITTING
DIFFERENCE IN OPINION OF HANDWRITTING EXPERTS
BALWINDER KUMAR vs. BAWASINGH AND OTHERS(AIR 2002)
(contradicting opinion by two experts)
WHEN THE REQUEST FOR HANDWRITTING EXPERT CAN BE
MADE
TYPEWRITING(also a part of writing)
FINGER IMPRESSIONS
FIRE ARMS EXPERT
HIGH COURTS ON NARCO ANALYSIS AND BRAIN-FINGER
MAPPING TEST: Bombay, Madras, Kerala, Gujarat, Andhra
Pradesh and Allahabad High Court-not against article 20(3)
Karnataka High court- violated the article 20(3)
SUPREME COURT ON NARCO ANALYSIS TEST:
SELVI vs. STATE OF KARNATKA(2010 SC 1974)
Guidelines of National Human Rights Commission for the
Administration of Polygraph Test(lie detector test) on an
Accused
1. Consent of the accused
2. Access of lawyer and test should be explained to him
3. Consent recorded in front of a judicial magistrate
4. During trial should be represented by lawyer
5. Statement would not be confessional statement
6. Magistrate should consider all factors relating detention
7. Actual recording should be done by independent agency
8. Full narration should be brought on record
VALUE OF EXPERT EVIDENCE(not substantive unless
supported by other evidence)
NON-EXAMINATION OF EXPERT IN THE COURT
MEDICAL EVIDENCE AND OCCULAR EVIDENCE-
APPRECIATION OF EVIDENCE
S.GOPALA REDDY vs. STATE OF ANDHRA
PRADESH(AIR 1996 SC 2184)-weak piece of
evidence
Section45A - 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.]
Section46 - Facts bearing upon opinions
of experts
Facts, not otherwise relevant, are relevant if they support or
are inconsistent with the opinion 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
person, 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 harbor is caused
by a certain seawall.
The fact that other harbors' similarly situated in other respects,
but where there were no such sea-walls began to be
obstructed at about the same time, is relevant.
MOHD. JAHID vs. STATE OF TAMIL NADU(air1999(2416))
(opinion on post mortem)
Section47 - 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 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.
PROOF OF HANDWRITTING BY A PERSON ACQAINTED WITH
THE WRITING OF THE WRITER
PROOF OF GENUINENESS
EVIDENTIARY VALUE OF
STATEMENT OF PERSON IN WHOSE PRESENCE DOCUMENT
WRITTEN
Illustration
The question is, whether a given letter is in the
underwriting of A, a merchant in London.
B is a merchant in Calcutta, who has written letters
addressed to A and received letters purporting to be
written by him. C is B's clerk, whose duty it was to examine
and file B's correspondence. D is B's broker, to whom B
habitually submitted the letters purporting to be written by
A for the purpose of advising him thereon. The opinions of
B, C and D on the question whether the letter is in the
handwriting of A are relevant, though neither B, C nor D
ever saw A write.
Section47A - Opinion as to
electronic signature when relevant
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 a relevant fact.]
Section48 - Opinion
as to existence of right or custom, when relevant
When the Court has to form an opinion as to the
existence of any general custom or right, the
opinions, as to the existence of such custom or
right, of persons who would be likely to know of its
existence if it existed, are relevant.
Explanation. The expression "general custom or
right" includes customs or rights common to any
considerable class of persons.
DEALS WITH THE EVIDENCE OF THE LIVING PERSON
TO BE EXAMINED
Section49 - Opinion as to usages, tenets,
etc., when relevant
When the Court has to form an opinion as to
the usages and tenets of any body of men or family,
the constitution and government of any religious or
charitable foundation, or
the meaning of words or terms used in particular
districts or by particular classes of people,
the opinions of persons having special means of
knowledge thereon, are relevant facts.
Section50 - Opinion or relationship, when
relevant
When the Court has to form an opinion as to the
relationship of one person to another, the opinion,
expressed by conduct, as to the existence of such
relationship, or any person who, as a member of the family
or otherwise, has special means of knowledge on the
subject, is relevant fact:
Provided that such opinion shall not be sufficient to prove a
marriage in proceedings under the Indian Divorce Act, 1869
(4 of 1869) or in prosecutions under sections 494, 495, 497
or 498 of the Indian Penal Code (45 of 1860).
INGREDIENTS:
1. Special means of knowledge to relationship
2. Must place before the court the conduct of those persons
whose relation he states
PROVISO(strict proof of evidence)
Section51 - Grounds of opinion, when
relevant
Whenever the opinion of any living person is
relevant, the grounds on which such opinion is
based are also relevant.
SCOPE
