Law of Evidence Synopsis

Value of Expert Analysis Under IEA

Shivam Kumar
Roll No. 123
V Semester (BA.LLB hons.)

Introduction
Law of evidence allows a person - who is a witness to state the facts related to either to a fact in
issue or to relevant fact, but not his inference. It applies to both criminal law and civil law. The
opinion of any person other than the judge by whom the fact has to be decided as to the existence
of the facts in issue or relevant facts are as a rule, irrelevant to the decision of the cases to which
they relate for the most obvious reasons - for this would invest the person whose opinion was
proved with the character of a judge. The rule however, is not without its exceptions.
Sec. 45 to Sec.51 under Chapter-II of the Indian Evidence Act provide relevancy of opinion of
third persons, which is commonly called in our day to day practice as experts opinion. These
provisions are exceptional in nature to the general rule that evidence is to be given of the facts
only which are within the knowledge of a witness. The exception is based on the principle that
the court cant form opinion on the matters, which are technically complicated and
professionally sophisticated, without assistance of the persons who have acquired special
knowledge and skill on those matters. Conditions for admitting an expert opinion are following:a)

That the dispute cant be resolved without expert opinion and

b)

That the witness expressing the opinion is really an expert.

Research Methodology
In making this project report the doctrinal method of research has been used.

Focus Area
In this project work I have referred to a lot of writers and authors expressing their views upon
this very topic. They have basically paid more emphasis upon the functioning of the Section-41
to 51 of Indian Evidence Act and its relevant provisions. However, Avtar Singh in his book
Principle of Evidence has very clearly noted all the provisions of the present Act and also what
are the problems present in this Act. The other authors book which I referred was Munir`s
Indian Evidence Act which has provided a detailed commentary on the procedure involved in
the Act.

Hypothesis
An expert witness is to furnish the judge necessary scientific criteria for testing the accuracy of
the conclusion so as to enable the judge to form his independent judgment by application of the
criteria to the facts proved by the evidence.

Tentative Chapterisation

Introduction
Nature and Scope of Expert Opinion under IEA
Position in Court
Impact of Expert Opinion on Evidence
Value of Expert Opinion
Who is an Expert?
Expert Evidence in Indian Evidence Act
Suggestion on Expert Opinion
Case Laws
Conclusion