A person is said to be an expert in foreign law if he has practised that foreign law during profession for a considerable time or held any office concerning or dealing with such foreign law. When the court has to form an opinion on a point of foreign law, the opinion on a point of foreign law, the opinion of such persons who are well versed or well trained in such foreign law can be taken under section 45. Section 45 enables the court to receive the opinions upon that points, of persons specially skilled in such foreign law, science, art or as to the identity of handwriting or finger impressions. The court must form an opinion upon a point are foreign law, science, art, the identity of handwriting, fingerprints. THE PROVISIONS RELATING TO EXPERT’S OPINION: Before giving any verdict or order, the court needs to look at the facts along with the expert’s opinion. The court is unable to find him guilty merely because an expert has said that the man is guilt in his view. The court must be convinced that the defendant is guilty. Kudrat the court held that it can not be relied on when the expert offers an opinion on the age by observing only height, weight, and teeth. The privy council once noted that “there can be no more unsatisfactory evidence than that of an expert.’’ In the case of Emperor v. But DNA can’t be copied or modified, on the other hand.

But if a handwriting expert claims that the signature match or do not match the individual, this fact does not hold much importance because there might be a risk that the individual has done a lot to copy the signature.

If the expert says that the child’s or parents’ DNA matches, then in determining the event, it is a valid fact. For instance, if there is a dispute as to who the biological parent of a child is, the medical expert’s DNA report is of great importance. The evidentiary value of the opinion of an expert, however, depends on the facts and circumstance. No expert can say that he can be completely certain that his opinion was correct, that the expert relies to a great extend on the materials placed before him and the essence of the question put to him. This is because evidence of opinion does not supersede proof of substance. This is the reason why preference is given to eyewitnesses or other factual witnesses over the opinion of the expert. The evidence given by the expert is only an opinion and is not a testimony based on facts and is therefore given light validity. He only gives an opinion according to the facts presented to him and does not draw a judgement in all cases concerning the guilt of the accused. This is because, while an individual is an expert in his profession, he can not be considered a direct witness and can not state the facts of the case. If a judge only relies on the experts opinion and not on the evidence and the testimony of ordinary witnesses to give judgement, then the case is weak. In such a case, the expert may submit any responsible officer who is well versed in the facts of the case and the study, if the expert is excused, and may address the court with the same. However, unless the court specifically requires him to appear in person, the personal presence of the specialist in the court may be excused. The importance of the opinion of an expert depends on the evidence on which it is based and on the ability of that expert to form a reliable opinion. If the experts opinion is important, even though it was not relevant as such, the contrary fact becomes relevant. However, according to section 46, if any evidence is inconsistent with the expert’s opinion, the fact becomes important. If the data/report is contradicted by any oral testimony, it would not make the data evidence redundant. The information provided by an expert is valid and admissible.

(vakilno1, 2018) VALUE OF EXPERT EVIDENCE A witness who is competent to speak on these matters is called an expert. Such evidence includes cause of death, insanity, effects of poison, genuineness of works of art, the importance of articles, genuineness of handwriting, proper vessel navigation, the meaning of trade terms and foreign law. The court seeks opinion from the skilled persons they are skilled in the above-mentioned fields, so they are called as experts under the Indian evidence act. This statutory provision adhered to when the court has to form opinion pertaining to foreign law, science, the identity of handwriting, finger impression. MEANING OF EXPERT AND VALUE OF EXPERT EVIDENCE: MEANING OF EXPERTĪccording to the Indian Evidence, Act says section 45 enumerates the opinion of an expert or commonly known as expert evidence.

Expert testimony meaning