Even a student may be treated as an expert under Section 45 of the Indian Evidence Act. 1872. it was held by the Apex Court in
(a) Bhoginbhai Hirbhai V. State of Gujarat
(b) Kanpur University V. Samir Gupta and other. (c) Ram Praksh V. State of Punjab
(d) Nathu Singh V. State of U.P
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Answer:
c .ram prakash V.state of Punjab
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The Apex Court held in the case of Bhoginbhai Hirbhai v. State of Gujarat that even a student can be treated as an expert under Section 45 of the Indian Evidence Act, 1872.(Option A)
- Section 45 of the Indian Evidence Act, 1872, deals with the opinions of experts.
- According to this section, when the court has to form an opinion upon a point of foreign law or science or art, or as to identity of handwriting or finger impressions, the opinions of experts are relevant.
- The term 'expert' refers to a person who has specialized knowledge or skill in a particular field.
- The section does not prescribe any particular qualification or degree for a person to be considered an expert.
- The court can consider any person as an expert if he has the necessary knowledge, skill, and experience in a particular field.
- In the case of Bhoginbhai Hirbhai v. State of Gujarat, the Apex Court held that even a student can be treated as an expert under Section 45 of the Indian Evidence Act, 1872.
- In this case, a student of science was called as an expert witness to give his opinion on the issue of whether a particular substance was a narcotic drug or not.
- The court held that the student, who had studied the subject in detail and had practical experience, could be considered an expert in the field.
- Therefore, the court can consider the opinions of a student who has the necessary knowledge and expertise in a particular field, even if he does not have any formal qualification or degree.
- In conclusion, the case of Bhoginbhai Hirbhai v. State of Gujarat clarified that even a student can be considered an expert under Section 45 of the Indian Evidence Act, 1872. The court can consider any person as an expert if he has the necessary knowledge, skill, and experience in a particular field, irrespective of any formal qualification or degree.
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