OPINION OF THIRD PERSON WHEN RELEVAN

As per general rule the opinions of the third person are irrelevant and therefore inadmissible. In certain cases when the court is unable to form correct opinion because of the requirement of specialized knowledge or lack of experience in ascertaining the same then in these cases the opinion of the expert is admitted to enable the court to decide the case.

Section 45 to 50 of the Indian Evidence Act deals with the provisions as to when the opinion of the third person shall be relevant.

As per section 45 if the court has to form an opinion as to any foreign law, science, art ,the identity of handwriting or finger impression then opinion on the point by the person specially skilled shall be relevant.It is very crucial to be considered here that the opinions of the experts exhibit weaker form of evidences and sole reliance on the same is apprehended as it is subject to prejudice, incompetence and corruption.Therefore, it should not be acted upon unless substantially corroborated.As there exist apprehension to its certainty the evidence derived from an expert opinion is examined before court and also subject to cross - examination.

What is the value of opinion derived from hand writing expert?

Similarly the opinions of the handwriting experts are the least reliable.It has also been held that it is not safe to convict a person on the basis of the opinion derived from writing alone.However, section 47 of the Act provides that opinion of a third person acquainted with the handwriting of the other shall be relevant. Following are the persons who are considered competent to testify under this section
=>The person who has seen the person write.
=>Received documents purporting to be written by him.
=>Documents purporting to be written by the person in ordinary course of business or being habitually submitted to him.

What are the different modes of proving handwriting ?

The different modes of proving hand writing under this Act are as follows

1) Evidence by the writer himself
2) Opinions of the expert (Section 45)
3) Opinions of the persons acquainted with the handwriting of the other person (section 47)
4) Comparison of the handwriting by the court itself(section 73)

What is the value of facts which are otherwise not relevant but such opinions of the expert become relevant ?

When a fact which either supports or is inconsistent with the opinion of the expert, with respect to a fact which otherwise is not relevant to the issue ,then such an opinion becomes relevant.This is given under section 46 of the Act. For eg:- The opinion of an expert as to the symptoms of poison experienced by others after its consumption be it in affirmation or denial with respect to the case is relevant.

When are the opinion on relation relevant?

This provision has been enshrined under section 50 of the Act.In this section the opinion of the person alive is relevant and it must have been expressed by conduct and not merely by words or statements. This section must be read with section 32 (5) and 32(6) which provide the relevancy of the statement made by a dead person. The relationship in such cases must have been attained by blood, adoption or marriage.However the exception to section 50 are section 494.495,497 and 498 of IPC and also the proceedings under the Indian Divorce Act, where the evidence of marriage cannot be given by opinion of an expert.Strict proof of marriage is necessary in these cases.

Apart from these there are also certain opinions which are relevant. They are as follows :

=> Opinion as to digital signature by the certifying authority who has issued the Certificate is relevant (Section 47A)
=>Opinions as to any general customs and rights by the person who would be likely to know its existence if it existed is relevant.(Section 48)
=> Usages and tenets of any body of men or family,the constitution of any Government or charitable foundation, or the term used in particular district, particular classes , the person having special means of knowledge thereon is relevant.(Section 49)

Hope this was helpful.

Maitreyi