Relevancy of Expert Opinion under Indian Law”

“Relevancy of Expert Opinion under Indian Law”

Expert evidence is covered under Sections 45-51 of Indian Evidence Act. In simple language if we look at the phrase Expert Opinion and try to analyse it then it means that an opinion which is given by a person who is expert in a particular field, may it be science, art, law or any other technical field. And, this concept is envisaged by S.45 of Indian Evidence Act, 1872.

Section 45, Indian Evidence Act, 1872:

“When the Court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity handwriting or finger impressions, the opinions upon these points of persons especially skilled in such foreign law, science or art or in questions as to identity of handwriting or finger impressions, are relevant facts. Such persons are called experts.”

On a bare reading of section, we find that scheme of section has stressed on different types of experts like foreign law, science, art, fingerprints, handwriting etc. But, section does not have comprehensive approach because at the time of framing of Act these other branches of Science were not possibly known. So, the important point is the very meaning of the words “Expert” and “Opinion”.

“Expert” means one who is skilled in any particular art or trade, profession being professed of particular knowledge, concerning the same. And if a person has acquired any special experience or special training in a particular subject to which Court enquiry relates, such a person can be considered as an expert, An expert is one who has made the subject upon which he speaks a matter of particular study, practice or observation and he must have a special knowledge of subject. Any person who has the experience to give an informed opinion on a matter outside the experience of Court is an Expert.

An “Opinion” is estimation, a belief or assessment, a view held as probable, what one thinks about a particular question or topic, an assessment short of grounds of proofs, a formal statement of reasons for the judgment, a formal statement of professional advice.

Hon'ble Supreme Court in the case titled as Ramesh Chandra Agarwal v/s Regency Hospital Ltd. 2009 (9) SCC 709 has broadly dealt and interpreted the scenario and held that, an expert is a person who devotes his time and study to a special branch of learning. However, he might have acquired such knowledge by practice, observation or careful study. The expert is not acting as a judge or jury. It was further held that in order to bring the evidence of a witness, as that of an expert, it has to be shown that he has made a special study of the subject or acquired a special experience therein or in other words that he is skilled and has adequate knowledge of the subject. The real function of the expert is to put before the Court all the materials, together with reasons which induce him to come to the conclusion, so that the Court, although not an expert, may form its own judgment by its own observation of those materials. An expert is not a witness of fact (like other witnesses) and his evidence is really of an advisory character. The duty of the expert witness is to furnish the Judge with the necessary scientific criteria for testing the accuracy of the conclusions so as to enable the Judge to form his independent judgment by the application of these criteria. No expert can claim that he could be absolutely sure that his opinion was correct.

Hon'ble Supreme Court has further laid down in the case titled as State of Maharashtra v/s Damus/o Gopinath Shinde and others, AIR 2000 SC 1691, that mere assertion without mentioning the data or basis in support of his opinion is not evidence, even if it comes from an expert. It is held that such evidence though admissible, may be excluded from consideration as affording no assistance in arriving at the correct value without examining the expert as a witness in Court. Therefore, no reliance can be placed on an opinion alone.

In the case titled as Kabul Singh v/s Gurinder Singh (1999) 121 PLR 816, opinion of the expert was sought regarding signatures put on a document. However, the expert also gave opinion that certain digits were changed which opinion was not sought for. The Hon'ble High Court of Punjab and Haryana held that such an opinion should be ignored and that expert should have confined himself to the relevant facts.

However, there is a probability to lean the opinion of private experts in favour of the party calling them. In such like cases, when there is a conflict of opinion between the experts, then the Court is competent to form its own opinion with regard to signatures on a document or such like matters.

Another important issue under consideration is that whether the Courts are bound by the opinion given by an expert on a particular fact in a case. Hon'ble Supreme Court has answered this question in the case titled as Malay Kumar Ganguly v/s Dr. Sukumar Mukherjee, 2009 (9) SCC 221 wherein it has been held that, a Court is not bound by the evidence of the experts which is to a large extent advisory in nature.

Conclusion

Thus, we may conclude that this provision is based on the principle that as judges are not properly equipped to draw proper inferences from the facts stated by witnesses, it is appropriate that the opinion of an expert must be taken into consideration. But the expert’s opinion is a weak form of evidence, especially in the cases where the sufficiency of knowledge is doubtful and therefore there should be stress on professional qualification of experts and not exclusively on experience. Some guidelines should be made to ensure the reliability of expert’s opinion, his knowledge, experience, qualification in that field in order to be termed as an expert. Section should be amended by Parliament in order to expand its meaning, explanation, comprehensiveness, and relevance.

Presentation by Piyush Sharma, C.J.M. , DLSA Palwal