Expert Opinion: Relevancy and Admissibility under the Indian Law of Evidence

Expert opinion bears considerable importance where the understanding of a subject-discipline requires specialized treatment, training and scientific orientation. Indian Evidence Act, 1872 gives scope for consideration of an expert opinion before the court of law, recognizing his importance in assisting a judge during the dispensation of justice. Scope of Opinion of Expert is fast expanding from foreign laws, medical and other sciences, arts, handwriting, authors, finger impression, ballistic reports, DNA identification, sniffer dog identification, to assisting investigating authority with forensic evidence. Exploring the evidentiary value of expert-opinion
through the prism of current and leading judgments of the Supreme Court and High Courts, the authors conclude with the findings that, the definition of an ‘expert’ under the of Act, 1872, is restrictive and narrow, as a person skilled in a field not covered u/s 45 is not treated as an expert. However, the court uses the section in several unmentioned fields like footprints, tracker dogs, ballistic experts, serologists, etc.; and the expert evidence is weak and inconclusive. It is not safe to rely solely upon it without seeking independent and reliable corroboration.