But practically there are some more subjects or fields on which court may seek opinion an expert.Īn 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. 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-Īnd such knowledge has been gathered by him-įor example, medical officer, chemical analyst, explosive expert, ballistic expert, fingerprint expert etc.Īccording to Sec.45, the definition of an expert is confined only to the five subjects or fields as mentioned above. Conditions for admitting an expert opinion are following:-Ī) That the dispute can’t be resolved without expert opinion andī) That the witness expressing the opinion is really an expert. 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. 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. 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. 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.Įxpert’s Opinion and its admissibility & relevancy: An Analysis in view of Law of Evidence
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