Evidentiary Value of Expert Opinion under the Bharatiya Sakshya Adhiniyam, 2023: A Study with special reference to Relevancy of DNA Reports
The admissibility of an expert evidence is based on the Latin maxim: cullibet in sua arte est credendum i.e., a person who has acquired special knowledge in his or her field of vocation must be trusted and relied upon by the court on a particular point of fact. His evidence is really of an advisory character. As a general rule an opinion of a third person is not admissible in a court of law. However, when a court has to form an opinion in a particular matter in order to arrive at a particular conclusion the court may take help of opinion of an expert in that particular field as enumerated in Section 39 of the Bharatiya Sakshya Adhiniyam, 2023. Section 39 states certain fields where opinions of experts are relevant namely, (1) foreign law, (2) science, (3) art, (4) “or any other field” (5) identity of handwriting or (6) finger impressions.
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