Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 880038616
Expert evidence refers to testimony provided by a person who possesses specialized knowledge, skills, or experience in a particular field relevant to a legal case. This expertise enables them to provide opinions that are beyond the understanding of the average person and assists the court in reaching informed decisions on complex or technical matters.
Unlike ordinary witnesses who can only testify about facts, expert witnesses are permitted to give their professional opinions even though they may not be directly related to the case. The rationale behind this exception is that courts cannot be expected to have adequate knowledge in all specialized fields such as medicine, forensics, or technical sciences.
Section 45 of the Indian Evidence Act, 1872
Legal Framework
Section 45 of the Indian Evidence Act specifically governs the admissibility of expert opinions. The provision states:
"When the Court has to form an opinion upon a point of foreign law or of science or art, or as identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts."
Scope of Expert Opinion under Section 45
The section allows expert opinions in the following specific areas:
Foreign law
Science or art
Identity of handwriting
Finger impressions
Qualification as an Expert
To be considered an expert under Section 45, a person must possess:
Superior knowledge in a particular field
Practical experience acquired through practice, observation, or formal studies
Special skills that set them apart from ordinary persons
Bharatiya Sakshya Adhiniyam (BSA) 2023 - New Criminal Law
Expanded Scope under BSA
The BSA, which replaced the Indian Evidence Act in 2024, has significantly expanded the framework for expert evidence:
Section 39 of BSA defines the admissibility of expert opinions and notably provides that courts can seek expert opinions on "any other field" in addition to the specifically listed areas. This substantially increases the scope of cases where expert opinions can be sought compared to the restrictive list under the old Act.
Key Changes from Indian Evidence Act to BSA
Broader Application
While Section 45 of the Indian Evidence Act limited expert opinions to specific fields, the BSA's Section 39 allows expert opinions on "any other field," providing courts with greater flexibility
