Introduction
According to the Bhartiya Sakshya Adhiniyam, 2023, the law says that only direct evidence ‘things you see or experience by yourself’ should be used in court. But there are times when in some cases the expert’s opinions are needed, mostly in cases that require special knowledge or skills The Act acknowledges that some issues are too complicated for the Judges or Jurors to understand on their own.
Section 34 of Bhartiya Sakskya Sdhiniyam, 2023 covers the expert’s opinions, it says that the court needs to decide or to form an opinion on things like foreign law, science, art, finger impression, or handwriting they can rely on the opinions of experts who are especially skilled in the areas.
Why is expert opinion important in courts[1]?
- Some cases involve technical, difficult, or scientific matters or issues that regular persons might not understand. In such cases, experts help explain these issues.
- Judges and Jurors count on professional experts to help them understand complicated information. For example, Forensic experts can explain DNA[2] Evidence in criminal cases makes things easier for the court to make decisions.
- Experts’ opinions are highly valued because they come from people with special skills and deep knowledge. Their judgment can make a big difference in how a case turns out, guiding decisions with their expertise and wisdom.
- Experts provide an impartial and unbiased analysis based on their knowledge helping to present a fair view of the facts.
- Many past cases have shown that expert opinions are really important for solving complicated problems, that’s why experts are often called upon in court to help make the right decision.
Who is an Expert?
Section 39 of The Bharatiya Sakshya Adhiniyam, 2023(Sec 45 of the Indian Evidence Act) defines the Definition of an expert as ‘A person who has special skills in a specific field like Trade, Sales, Art, Science or identifying handwriting or fingerprints.[3].’
This means an expert is someone who has deep knowledge in a particular area thoroughly:
- An expert is someone who practices the same type of work regularly.
- They observe everything and learn from what they see
- They do a thorough study about that particular subject.
Where Expert’s Opinions are Important:
Expert opinions are something judges rely on for those topics for which they need to understand such as,
- Laws of the foreign country
- To understand different branches like medicine, chemistry, or physics
- For the field of art which includes things like paintings, music, or literature
- Checking whether the written document the handwriting is real or false
- Identification of fingerprints to identify the identity of someone
For example, Death of Someone by Poison[4]:
If someone dies and poison is suspected, in such cases the court needs a medical expert. The expert can explain the symptoms caused by different poisons and help the court to understand if the given poison or the amount of poison identified in the body of the dead person is enough to cause death.
Why Expert Testimony is important: Experts help in court for a few reasons-
- They are specialized in their field; they have the knowledge that the court does not have
- They provide fair and unbiased opinions which are based on their skills
- In cases involving complex technical topics, experts make the information clear and make it easier for others to understand
What Makes Expert Testimony Admissible?
For Admissibility of expert words in courts, some criteria can be used to conclude the admissibility they are, [5]First, the Expert must have a deep and thorough knowledge of that particular specialized skill subject matter, which is usually shown through higher education, professional work experience, and recognition in their field. Second, that topic must be something that requires special learning or experience, something which requires special learning or long-time experience, and something difficult to understand by ordinary people, in such cases there is a need for an expert for advice or opinion suggestions. Lastly, the expert’s opinions must be based on reliable facts and methods, which means the identification results must provide enough evidence and proper techniques connected to the case. These conditions ensure that the expert testimony is trustworthy and helpful in court proceedings.
The Role of Expert’s Testimony in Court Cases[6]
Experts’ Opinions are considered less strong or weak as evidence in legal cases because they don’t provide definite proof always, in the case of S. Gopala Reddy VS State of A.P., in this case, the court illustrates that the expert advice needs to be supported by solid proof to be trustworthy. While experts can help explain complicated matters, their opinions should not take the place of direct evidence. This cautious approach helps prevent mistakes in expert testimony and ensures that the court’s decisions are based on a thorough review of all the evidence available.
Views On Relationships and Customs (Sections 44 and 45BSA/50 and 51IEA)
- Opinions on Relationships (Section 44)
Section 44 of the Indian Evidence Act addresses the relevance of opinions regarding relationships when the court needs to determine the nature of the relationship between two individuals. This section allows for the admission of opinions expressed by individuals who hold special knowledge about the relationship, especially by their actions. The opinions in section 44 must be based on how people behave, not just what they say, for example, if the court is deciding if Aad B are married, the way their family and friends treat them as a married couple can be used as evidence. However, in cases like divorce, bigamy, or adultery, these opinions alone are not enough to prove marriage stronger evidence is required.
Opinions on Customs and Habits (Section 45 of BSA/Section 51 of IEA)
- Section 45/Section 51 addresses the relevance of opinions regarding the customs and habits of a specific class of people. These provisions allow individuals to express their views on customs or practices that are at issues in the hands of legal proceedings. These opinions help the court understand a group’s social behaviours, which may affect the outcome. For example, if villagers claim a customary right to use a well, their opinions on the well’s usage within the community can help determine whether such rights exist. This section highlights that customs and social norms play a big role in determining legal rights.
- In short, Sections 44 and 45 help the court to understand the relationships and social customs in legal cases while making sure that the evidence provided is reliable and trustworthy.
Safeguards and Restrictions on Expert Opinion in Judicial Proceedings
- Cross-examination: Experts can be questioned by the other side to check if their opinions are valid, including their qualifications and methods. This will help to uncover any fouls and biases.
- Evaluating Importance: the court will evaluate how valuable an expert’s opinion is based on their expertise, the reliability of their data, and how relevant their opinion is to the case. If an expert opinion could unfairly bias or confuse the court, it may be excluded.
- Limits in Some Cases: the opinions of the experts alone are not enough to prove certain facts, such as marriage in divorce or bigamy cases, where stronger evidence is needed.
- Need for Additional Evidence: The opinion or thoughts presented by an expert are considered weak on their own and should be supported by other evidence. Before going to the judgment or decision about the case in court, the court will look at not only the expert testimony but also view it with other pieces of evidence.
Conclusion
The opinions of experts are important in courts because they help to understand the complicated issues requiring special knowledge or expertise. The Bharatiya Sakshya Adhiniyam/ Indian Evidence Act recognizes the value of expert testimony to make the evidence more accurate and reliable, this will allow experts of different fields to share their opinions and understanding so that the decisions are well-informed.
However, the opinions given by the experts are checked. The court needs to evaluate the expert’s qualifications, the reliability of their data and methods, and how their opinions are relevant to the case. Cross-examination is an important way for the other side to question the expert’s conclusions and find any weaknesses or biases.
There are also rules to ensure that the expert’s opinions are reliable, such as the requirement of strong evidence in cases like divorce or bigamy and making sure that the expert testimony is supported by other pieces of evidence. The S. Gopala Reddy vs State of A.P. case highlights the importance of these safeguards.
“While Expert’s Opinions are very useful, they must be used carefully along with other evidence to keep the legal process fair and trustworthy.”
Author(s) Name: Leeza Lowanshi (National Law University Odisha)
[1] Aishwarya Agrawal, ‘Expert Opinion under Indian Evidence Act, 1872’ (LawBhoomi, 29 April 2024) <https://lawbhoomi.com/expert-opinion-under-indian-evidence-act-1872/> accessed 7 September 2024.
[2] ‘Section 45 | Review of the Indian Evidence Act, 1872 | Law Commission of India Reports | Law Library | AdvocateKhoj’ <https://www.advocatekhoj.com/library/lawreports/evidenceact1872/57.php?STitle=Section+45&Title=Review+of+the+Indian+Evidence+Act%2C+1872> accessed 8 September 2024.
[3] ‘India Code: Section Details’ <https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00034_187201_1523268871700&orderno=46> accessed 8 September 2024.
[4] ‘India Code: Section Details’ <https://www.indiacode.nic.in/show-data?actid=AC_CEN_3_20_00034_187201_1523268871700&orderno=46> accessed 8 September 2024.
[5] ‘Expert Testimony – Further Readings’ <https://law.jrank.org/pages/6675/Expert-Testimony.html> accessed 8 September 2024.
[6] Powerhouse Forensics, ‘What Is An Expert Witness? Understanding Their Role In Court’ (31 July 2023) <https://powerhouseforensics.com/expert-witness/what-is-an-expert-witness/> accessed 8 September 2024.
