What is expert opinion and who is an expert?

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 year, 5 months ago.

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  • #1443

    M1250
    Guest

    I have been told that a document should be sent for expert opinion. Can you please tell me what is expert opinion and who is an expert?

  • #1468

    As per Section 45 of the Evidence Act, a person who is specially skilled in foreign law, science or art, or in questions as to identity of handwriting or finger impressions is called an expert. An Examiner of Electronic Evidence is also called an expert [Section 45-A of the Evidence Act].

    As per Section 51 of the Evidence Act, an expert may give an account of experiments performed by him for the purpose of forming his opinion.

    The opinion of these experts can be relied upon by a court when it has to form an opinion on these issues.

    The opinion given by such experts is generally called expert opinion.

    Further, Section 293 of the Cr.P.C. provides that any document purporting to be a report under the hand of certain Government scientific experts (as mentioned in this section), upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under Cr.P.C., may be used as evidence in any inquiry, trial or other proceeding under Cr.P.C.

    The experts mentioned in Section 293 Cr.P.C. are as under:

    • any Chemical Examiner or Assistant Chemical Examiner to Government;
    • the Chief Controller of Explosives;
    • the Director of the Finger Print Bureau;
    • the Director, Haffkeine Institute, Bombay;
    • the Director, Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory;
    • the Serologist to the Government.
    • any other Government scientific expert specified by notification, by the Central Government for this purpose.

     

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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