RELIABILITY OF EXPERT OPINION

Su
bmitted by:Manish Kumar
Roll No. – 1341
2nd year, B.A., LL.B.

Submitted to:SITA RAMA RAO

FACULTY – LAW OF EVIDENCE

Rough draft submitted in partial fulfillment of the course LAW OF

EVIDENNCE for completion of B.A., LL.B. (Hons Course)

27TH MARCH , 2017

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

NYAYA NAGAR, MITHAPUR 800001

1. Introduction
The topic which I have to research work on the reliability of expert opinion in such topic
describe under section 45 to 51 under Indian Evidence Act 1872 these section deals with the
relevancy and admissibility of the expert opinion .I n this research work I am to research
about the proper definition of the expert ,types of the expert and which types of expert
opinion will admissible and reliable in court of law .
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.

Who is an expert?
The definition of an expert may be referred from the provision of Sec.45 of Indian Evidence
Act that an ‘Expert’ means a person who has special knowledge, skill or experience in any of
the following----
1)      foreign law,
2)      science
3)      art
4)      handwriting or
5)      finger impression

and such knowledge has been gathered by him—

a)      by practice,
b)      observation or
c)      proper studies.

For example, medical officer, chemical analyst, explosive expert, ballistic expert, fingerprint
expert etc.
some more subjects or fields on which court may seek opinion an According to Sec.45, the
definition of an expert is confined only to the five subjects or fields as mentioned above. But
practically there are expert.

An expert witness is one who has devoted time and study to a special branch of learning and
thus he is specially skilled on those points on which he is asked to state his opinion. His
evidence on such points is admissible to enable the court to come to a satisfactory conclusion.
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.

2. Objective of the study

(i) The researchers aim for making this project is to study the provisions Related to relevancy
of expert opinion .
(ii) The researchers aims to find out problem regarding relevancy of the Expert opinion .
(iii) After going through the provisions, the researcher aims to suggest the proposals for
reform.

3. Hypothesis
The researcher has assumed that,

(i) Relevancy of the expert opinion based on the opinion evidence and it can not be
substantive evidence .

(ii) 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.

4. Research Methodology

Researcher shall emphasize and use the doctrinal method to prepare this project topic.

5. Source of Data

PRIMARY SOURCES – INDIAN EVIDENCE ACT 1872, CASE LAWS.

SECONDARY SOURCES – BOOKS ON RELEVANCY OF EXPERT OPINION ,
WEBSITES , JOURNALS , ARTICLES , MAGAZINES ETC.

6. Limitation of the study

Owing to the large number of topics that could be included in the project, the scope of this
research paper is exceedingly vast. However in the interest of brevity and due to certain
restrictions like that of limitation of time, money etc., the researcher will not be able to deal
with the topic in great detail.
8. Tentative cauterization.

1. Introduction .
2. Difference between an expert and non-expert witness.
3. Differences between English Law and Indian law.
4. Competency and credit of an expert
5. Expert opinion– evidentiary value
6. Case laws
7. Conclusion.