expert opinion

Under s.39 BSA (old s.45 Evidence Act), when the court has to form an opinion on foreign law or on a point of science, art or any other field, or on identity of handwriting or finger impressions, the opinions of persons specially skilled are relevant. Such persons are experts. Sub-section (2) (old s.45A) adds the opinion of the Examiner of Electronic Evidence under the Information Technology Act, 2000.

Expert opinion is advisory; the court is not bound by it and must weigh the reasons. In State of H.P. v. Jai Lal the Supreme Court held that an expert must show his qualification and give the data and reasons on which his opinion rests, so the court can test it. Medical opinion usually yields to reliable eyewitness evidence.

Example

Since the handwriting expert opinion gave no reasons for the match, the court refused to rely on it alone.

In Indian law

• Section 39 BSA (old ss.45 and 45A Evidence Act)
• State of Himachal Pradesh v. Jai Lal, 1999 INSC 393

See also

evidence · direct evidence · electronic record

Read more in the study notes

• Negotiation: meaning, styles and approaches (Alternative Dispute Resolution Systems)
• Opinions of third persons: experts, handwriting, the Examiner of Electronic Evidence, custom and relationship (sections 39 to 45) (Bharatiya Sakshya Adhiniyam)
• Facts which need not be proved, and oral evidence (sections 51 to 55) (Bharatiya Sakshya Adhiniyam)
• Skills of argument and logical inference (Business Communications)
• Environmental analysis for business decision-making (Business Environment)
• Electronic evidence under the BSA (Cyber Law)