Question

Which are the provisions under Indian Evidence Act, 1872 that deals with relevancy of opinion of experts

• A. Ss.49 & 50
• B. Ss.23 & 24
• C. Ss. 45 & 46
• D. Ss.81 & 82

Hint:

Remember the five fields mentioned in Section 45 for expert opinion: foreign law, science, art, handwriting, and finger impressions. This list is illustrative, not exhaustive, and has been expanded by courts to include other areas of expertise.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The general rule of evidence is that witnesses should testify about facts they have personally perceived, not give their opinions. However, the Indian Evidence Act, 1872, carves out an exception for cases where the court needs assistance on technical or specialized subjects. In such cases, the opinions of persons specially skilled in those subjects, i.e., experts, become relevant.
Step 2: Detailed Explanation:
The relevant provisions concerning expert opinion are: \begin{itemize} \item Section 45: Opinions of experts. This is the primary section. It states that when the court has to form an opinion upon a point of foreign law, or of science or art, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such fields (experts) are relevant facts. \item Section 46: Facts bearing upon opinions of experts. This section makes relevant any facts, not otherwise relevant, which either support or are inconsistent with the opinions of experts. For example, if an expert opines that a poison caused death, the fact that the deceased showed symptoms consistent with that poison is relevant to support the opinion. \end{itemize} Let's look at the other options: \begin{itemize} \item Ss. 23 & 24 deal with admissions in civil cases and confessions caused by inducement, threat or promise. \item Ss. 49 & 50 deal with opinions as to usages, tenets, etc., and opinion on relationship. \item Ss. 81 & 82 deal with presumptions as to Gazettes, newspapers, etc., and presumption as to document admissible in England without proof of seal or signature. \end{itemize}
Step 3: Final Answer:
The provisions dealing with the relevancy of the opinion of experts are Sections 45 and 46 of the Indian Evidence Act, 1872.