Opinion of Third Persons When Relevant Evidence Act

OPINION OF THIRD PERSONS WHEN RELEVANT (SEC.
45-51)
➢ INTRODUCTION:
This falls under Section 45 to 51 of the Indian Evidence Act. Most of the time, it is the general
rule that the opinions of a third person or party are irrelevant. However, there are some
instances/exceptions when the opinion of the third person is taken into consideration. The term
'opinion' means something more than mere relating of gossip or of hearsay, it means judgment
or belief, that is a belief or conviction resulting from what one thinks on a particular question.
What one sees, hears, feels by touch, and knows is not opinion and on the contrary, what is the
conclusion of an individual is his opinion. Opinion is what is formed in the mind of a person
regarding a fact situation. It is duty of the judge or jury to form their own conclusion or opinion
on the facts stated.
➢ OPINION OF EXPERTS (SEC. 45) :
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 foreign law, science or art, or in questions as to identity of handwriting
or finger impressions are relevant facts.
Such persons are called experts.
➢ WHO IS AN EXPERT WITNESS:
An expert is one who has acquired special knowledge, skills or experience in any science, art,
trade of profession & such knowledge may have acquired by practice, observation or
careful studies.
For example, the court was confused that a letter has been written by person X or not. The court
calls a handwriting expert to find out the same. This person will be known as an expert and the
opinion which he gives in the case is relevant.
The court of law, before admitting any of the opinion made by an expert, needs to ensure that
the person is an expert under the law. If it is found that the person is not an expert, Study Go
Study Go his opinion is discarded by the court. For checking that the witness is an expert, he
must be examined and cross- examined.
Bal Krishna Das Agrawal v. Radha Devi and Others, AIR 1989
An expert is a person who by his training and experience has acquired the ability to express an
opinion which an ordinary witness does not process. The evidence of an expert is such evidence
which is based on expertise and experience.
➢ CONDITIONS FOR ADMITTING AN EXPERT OPINION:
a) That the dispute can't be resolved without expert opinion, and
b) That the witness expressing the opinion is really an expert.
➢ WHY IT IS ADMISSIBLE? :
1. Principle of necessity.
2. Matter involved is beyond common experience.
3. Special training, skill or knowledge is required.
It is not binding in nature. Court only accepts it if it is in accordance with the law and if
trust worthy.
➢ WHEN WILL THE COURT TAKE THE HELP OF EXPERT OPINION? :
This is mentioned in section 45 of the Indian Evidence Act. The court will take the help of
an expert when the court has to form an opinion on the point of-
1. Foreign Law
2. Science
3. Art
4. Identity of Handwriting
5. Finger Impressions
➢ EVIDENTIARY VALUE OF EXPERT OPINION:

S. Gopala Reddy V. State of Andhara Pradesh Supreme Court held that an expert
evidence is a weak type of evidence. Courts do not consider it as conclusive and therefore,
it is not safe to rely upon it without seeking independent and reliable corroboration. (it was
held in this case that the evidentiary value of expert opinion is very weak and not
conclusive.)
Darshan Singh V. State of Haryana Supreme Court held that where there is inconsistency
between eye witness on the point how the injury was caused, the evidence of doctor cannot
override the unimpeachable testimony of eye witness. (it was held that the evidence of
doctor can not over ride the testimony of eye witness.)
➢ PROBLEMS WITH EXPERT OPINION:
Though the opinion of expert is necessary, it has certain issues-
1. There is a danger of error or deliberate falsehood.

2. After all, it is an opinion, and human judgements are fallible. (Fallible- error-prone,
open to error)
3. The expert witness, however impartial, may be likely to be unconsciously prejudiced.
And these factors seriously affect its probative force.
➢ OPINION OF EXAMINER OF ELECTRONIC EVIDENCE (SEC.45A):

Section 45A provides that when the court has to form an opinion as to any matter relating
to any information transmitted or stored in any computer resource or any other electronic
or digital form, the opinion of examiner of electronic evidence referred to in Section 79 of
Information Technology Act, 2000 is a relevant fact.
➢ FACTS BEARING UPON OPINION OF EXPERTS (SEC 46):
Section 46 provides that facts, not otherwise relevant, are relevant if they support or are
inconsistent with the opinions of experts, when such opinions are relevant.
When the opinion of expert is relevant then any fact which will either support his opinion
or contradict it will also become relevant.
➢ OPINION AS TO HANDWRITING, WHEN RELEVANT (SEC 47):
Section 47 provides that when the court has to determine a question whether a document is
written or signed by a certain person, the court can admit the opinion of a person who is
acquainted (familiar) with that person's handwriting.
The explanation to Section 47 states that persons who are considered to be acquainted with
another's handwriting are-
• Who has seen that person write, or
• Who has received documents written by that person in answer to documents written by
himself or under his authority and addressed to that person; or
• Who has, in the ordinary course of busines, received documents written by that person or
documents are habitually submitted to him.
➢ OPINION AS TO DIGITAL SIGNATURE WHEN RELEVANT (SEC 47A):
Section 47A was inserted by Information Technology Act, 2000 with effect from 17-10-2000.
Section 47A provides that when the court has to form an opinion as to the digital signature
of any person; the opinion of the Certifying Authority which has issued the digital signature
certificate is relevant fact.
➢ OPINION AS TO EXISTENCE OF RIGHT OR CUSTOM, WHEN RELEVANT
(SEC. 48):
Section 48 provides that when the court has to form an opinion as to the existence of any
general custom or right, the opinions, as to existence of such custom or right, of persons
who would be likely to know of its existence if it existed, are relevant.
Explanation to Section 48 provides that general custom or right includes customs or rights
common to any considerable class of persons.
➢ OPINION ON RELATIONSHIP, WHEN RELEVANT (SEC. 50):
Section 50 makes relevant the opinion of a person expressed by his conduct who as a
member of the family or otherwise has special means of knowledge as to relationship of
one person to another.
Provided that such opinion shall not be sufficient to prove a marriage in proceedings under
the Indian Divorce Act, 1869 or in prosecution under Sections 494, 425, 497 or 498 of the
Indian Penal Code, 1860.
STRONG PRROF OF MARRIAGE: The proviso indicates that opinion on relationship
cannot be sufficient to prove a marriage in the proceedings under the Indian Divirce Act,
or in proceedings for bigamy , adultery, enticing away a married women.
➢ GROUNDS OF OPINION WHEN RELEVANT (SEC. 51):
Section 51 provides that whenever the opinion of any living person is relevant, the grounds
on which such opinion is based are also relevant.

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OPINION OF THIRD PERSONS WHEN RELEVANT (SEC.

➢ OPINION OF EXPERTS (SEC. 45) :

Such persons are called experts.

➢ WHO IS AN EXPERT WITNESS:

➢ CONDITIONS FOR ADMITTING AN EXPERT OPINION:

a) That the dispute can't be resolved without expert opinion, and

b) That the witness expressing the opinion is really an expert.

➢ EVIDENTIARY VALUE OF EXPERT OPINION:

Though the opinion of expert is necessary, it has certain issues-

1. There is a danger of error or deliberate falsehood.

➢ OPINION OF EXAMINER OF ELECTRONIC EVIDENCE (SEC.45A):

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