Correct option is C
Section 45 of the Indian Evidence Act, 1872, allows the opinion of experts to be admitted as evidence in matters that require specialized knowledge or expertise. These areas typically include foreign law, science, art, handwriting, or fingerprint analysis. The rationale behind this provision is that Courts, which may lack expertise in these specialized areas, require the assistance of those who possess specialized knowledge to help them understand complex issues.
However, the opinion of experts is not sought for matters related to Indian law. This is because the interpretation and understanding of Indian law fall squarely within the purview of the Judiciary, which is considered the ultimate authority on legal matters. Judges are expected to possess adequate knowledge of Indian law, and therefore, the expertise of outside experts is unnecessary in this domain.
Information Booster Section 45 of the Indian Evidence Act specifies the types of expertise that may be required in a legal proceeding and for which the opinion of an expert may be sought. These include:
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Foreign law: Courts may seek the opinion of experts on foreign law, especially when the legal principles or statutes of a foreign jurisdiction are involved in a case. Since Indian judges may not be well-versed in the laws of other countries, expert opinions can help clarify these matters.
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Science or Art: In cases involving scientific principles or artistic expertise (e.g., medical testimony, architectural assessments, forensic analysis), expert opinion is valuable in assisting the court in understanding technical details that are outside the judge's regular knowledge base.
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Finger impression: Fingerprint analysis is a common forensic method used to identify individuals. Experts in fingerprint analysis provide opinions that can be crucial in criminal cases, especially in identifying perpetrators of crimes.
Despite the utility of expert opinions in these areas,
Indian law is a subject that Judges are trained to interpret and apply. Therefore, there is no need to seek the opinion of experts on Indian law, as it is the judiciary’s responsibility to determine and apply legal principles.
Additional Knowledge
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Foreign Law: Since legal systems vary across countries, understanding foreign law may require expertise beyond the judge's typical knowledge. Experts in foreign law can provide insights into how laws are applied in other jurisdictions, which may be relevant in cases involving cross-border transactions, international disputes, or when foreign law governs a contract.
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Science or Art: This broad category includes various fields such as medicine, engineering, fine arts, and others. For instance, in a medical negligence case, the opinion of a medical expert is critical to determine whether the standard of care was met. Similarly, in patent cases, experts in the relevant field of technology may explain complex inventions to the court.
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Finger Impression: Fingerprint experts analyze patterns and ridges in fingerprints to determine a match with those found at crime scenes. Their expertise is often used in criminal cases to establish identity, given that fingerprints are unique to each individual and provide a high degree of accuracy in identification.
