Evidentiary Value of Expert Opinion under the Indian Evidence Act: A Critical Analysis of Section 45
Jindal Global Law School, O.P. Jindal Global University, India
Volume II – Issue I, 2020
This paper seeks to evaluate the concept of ‘Expert Opinion’ under the Indian Evidence Act, 1872. Expert Opinion plays a crucial role in a situation where the Court has to decide on cases, which involve technicalities of other fields apart from law. A relevant example would be medico-legal cases. The purpose of this paper is two fold. First, it will highlight the legal framework that exists with respect to Expert Opinion in India, particularly the relevance and admissibility of such opinions under Section 45 of the Indian Evidence Act, 1872. It will also explore the judicial response in a few landmark cases. Second, it will identify the lacunae in the law with respect to Expert Evidence and suggest some reforms to prevent its misuse.