ABSTRACT
It is a general rule that the opinion of a third person is not a relevant fact. Only those statements will be relevant for the purpose of evidence which are directly related to the case. Even a witness is not allowed to give his opinions regarding the case. A witness can only state what he has seen or heard, not what he believes to be true.
The opinion of an Expert is the exception to the rule where a witness has to state only facts and not give his opinions. An expert is a witness who can give his opinions in the Court. His opinions form an essential part in the investigation of any case. Evidence from experts on the matter is permissible to assist the court in reaching a satisfactory decision. The opinion of an expert can vary from handwriting to questions of science and art or to foreign law.
The value of expert opinion has several limitations; for instance, there is always the risk of mistakes or intentional deceit. Therefore, even though the opinion of an expert is admissible in the Court, its evidentiary value has been questioned in a number of cases. The Courts, from their various judgements time and again have highlighted the importance of an expert opinion and its evidentiary value.
The essay focuses on what is an expert’s opinion and who exactly can be called an expert? What can be included in the subject matter on which an expert can give his opinion?
The essay also focuses on the provisions which deal with the relevancy of an expert opinion.
The objective of this essay is to find the evidentiary value of an Expert Opinion and the decided cases which proves its evidentiary value. The essay also tries to find out how much the Court can rely on the opinion of an expert and what is the value of an expert opinion while deciding the case.
Keywords: Expert; Opinion; Evidentiary Value; Witness; Handwriting; Law of evidence; Relevancy; Facts; Testimony; Exception; Evidence
- INTRODUCTION
When an individual is called to the Court to provide testimony as a witness, they are required to present only facts and refrain from expressing any opinions. According to the law of evidence, a witness is obligated to testify about what they have personally seen or heard regarding an offence. The witness cannot testify about what he thinks is true, nor can he provide any hearsay evidence. A witness should refrain from expressing any personal views regarding the relevance of facts. It is the responsibility of the court to provide a ruling in the matter. However, there is an exception to this rule, known as an ‘expert witness’. The experts are regarded as witnesses, despite having no actual connection to the case. This is due to the court needing these experts to provide their insights about the case, allowing the Court to gain a broader view to administer justice.