Introduction
Section 45 of the Indian Evidence Act, 1872 provides legal pertinence of opinion of third persons in a lawsuit. One knows this commonly as ‘expert opinion’ in our day to day practice. These provisions are exceptional and contrary to the general rule of evidence. This contrasting stand is based on the opinion that the Court cannot form an opinion on matters are of a technical or professional nature without the assistance of certain people who have acquired special knowledge in those matters.
Why is expert opinion important?
Expert opinion can only be admitted when a dispute cannot be resolved without it. According to Section 45, an expert is defined as an individual who has special knowledge in fields such as, foreign law, handwriting or finger impression. And said knowledge has gathered by practice, observation of studies. Although, the Act limits the definition to these aforementioned fields, in practicality the application is much more diverse.
Who can be an expert and what is his role?
Honorable Supreme Court in the case of Ramesh Chandra Agarwal v. Regency Hospital Ltd. interpreted that an expert is an individual who devotes his time to a particular branch of learning. The expert does not act as a Judge or a jury. The real function of experts is to present before the Court all materials together which brought him to said conclusion. Hence, his duty is to furnish the judge with necessary scientific clarity so that he can form an independent opinion. The expert is not a witness of fact and his opinion is merely advisory. Hence to the question of what is the role of expert opinion we can say that the primary function of an expert witness is to assist the court in reaching its decision by providing independent expert/technical analysis and opinion on an issue (s).
What can the expert give his opinion on?
In the case of Kabul Singh v. Gurinder Singh, expert opinion was sought regarding signatures on the document, but the expert also gave his opinion on other things such as he believed that certain numbers had been changed. The Court held that it shall only consider the opinion of the expert on the topics as asked. Also, all other information will remove from the record.
How reliable are the expert Opinion?
It has held in Malay Kumar Ganguly v. Sukumar Mukherjee that the Court is not bound by the evidence and opinion of the experts, the nature of which is entirely advisory.
The Court has the right to derive its own opinion after consideration of the facts and evidence put forward by experts. Whether the court admits the evidence and the weightage it will carry in the final judgment lies completely with the discretion of the court.
Can an expert Suo Moto examine and furnish opinion?
Further, experts cannot conduct any explanation or analysis without the direction of investigating officer or the order of the judge. An expert cannot act on his own in any matter.
Conclusion
Thus, it can be said that Expert testimony in many matters has become the need of the hour. For instance, thumb impression, the insanity of parties, disease and other questions of science and trade. Also, the opinion of experts on these matters has become relevant to the Court to the point of admissibility.
By Aryan Dhingra,
B.B.A LLB 2nd Year student of OP Jindal Global University