short note on expression on expert opinion
Answers
The general rule is that opinion of a witness on a question, whether of fact or law is irrelevant. Opinion of expert (third person) is relevant under section 45 as an exception to this general rule. These are the parties not directly or indirectly connected in any manner to the suit or proceeding which is pending in the court, but they are called by the Court to assist the Court, when the Court cannot form the judgement himself. Section 45 to 51 of Indian Evidence Act 1872 lays down the provisions relating to "opinion of experts/ third person when relevant. Section 45 deals with facts bearing upon opinions of experts, Section 47 deals with opinion as to handwriting when relevant. Section 47A provides for opinion as to digital signature , when relevant. (It is inserted by IT Act 2000) Section 48 deals with opinion as to existence of right or custom when relevant. Section 49 deals with opinions as to usages , tenets etc., when relevant Section 50 deals with opinion on relationship, when relevant. and Section 50 provides for grounds of opinion, when relevant.
Who is Expert ?
An expert is a skillful professional in a particular field capable of possessing specialized knowledge concerning the matter in issue, which a common man cannot possess.
Definition of opinion of Experts :
Section 45 of Indian Evidence Act defines Opinions of experts as, "When the Court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of hand writing or finger-impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions, are relevant facts. Such person called experts.