Question

Expert opinion under Sec.45 is

• A. A conclusive proof
• B. Not a conclusive proof
• C. Supportive and corroborative in nature
• D. None of these

Hint:

Remember that the ultimate "expert" is the court itself. An expert's opinion is only an aid to the court and never a substitute for the court's own judgment. It's a weak form of evidence and must be scrutinized carefully.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks about the evidentiary value of an expert opinion given under Section 45 of the Indian Evidence Act, 1872.
Step 2: Detailed Explanation:
Section 45 allows the court to take the opinion of a person specially skilled in fields like foreign law, science, art, or handwriting identification (an "expert"). The Supreme Court of India has consistently held that the evidence of an expert is not a substantive piece of evidence and does not constitute conclusive proof.
- The role of the expert is purely advisory. The expert assists the court in reaching a proper conclusion on technical matters.
- The court is not bound by the expert's opinion. The final decision rests with the judge, who must assess the expert's testimony along with all other evidence on record.
- Therefore, expert opinion is considered to be of a supportive and corroborative nature. It can be used to strengthen or contradict other evidence but cannot be the sole basis for a conviction.
Option (B) is also correct, but Option (C) is a more complete and precise description of the legal status of expert evidence. It is not only "not conclusive" but also serves a specific purpose, which is to support and corroborate.
Step 3: Final Answer:
Expert opinion under Sec.45 is Supportive and corroborative in nature.