"The general rule is that opinion of a witness on a question whether of fact or law, is irrelevant". However, there are some exceptions to this general rule. Explain.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
"The general rule is that opinion of a witness on a question whether of fact or law, is irrelevant". However, there are some exceptions to this general rule. Explain.
Answer & Explanation:
General Rule: Irrelevance of Witness Opinion The general rule in the law of evidence is that the opinion of a witness on a question of fact or law is irrelevant. A witness is expected to state only the facts which he has seen, heard, or perceived. It is the function of the court to draw inferences from these facts and form conclusions. The witness should not usurp the function of the judge by offering opinions or conclusions. Exceptions to the General Rule (Expert Opinion and Others) under Indian Evidence Act, 1872: However, there are several exceptions where the opinion of a witness becomes relevant. These exceptions are primarily related to matters requiring specialized knowledge or experience, where the court needs assistance to form a correct judgment. 1. Opinions of Experts (Section 45): When the Court has to form an opinion upon a point of: Foreign Law: Opinions of persons specially skilled in such foreign law. Science: Opinions of persons specially skilled in any science. Art: Opinions of persons specially skilled in any art. Identity of Handwriting: Opinions of persons specially skilled in the identity of handwriting. Finger Impressions: Opinions of persons specially skilled in finger impressions. Such persons are called experts. The opinions of experts are relevant facts. 2. Opinion of Examiner of Electronic Evidence (Section 45A): When the Court has to form an opinion on any matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the Examiner of Electronic Evidence (referred to in Section 79A of the Information Technology Act, 2000) is a relevant fact. An Examiner of Electronic Evidence is considered an expert for this purpose. 3. Facts Supporting or Inconsistent with Expert Opinions (Section 46): Facts which are not otherwise relevant become relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant. 4. Other Cases where Opinion of Non-Experts is Relevant: Opinion as to Handwriting (Section 47): When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed, is a relevant fact. Opinion as to Electronic Signature (Section 47A): When the Court has to form an opinion as to the electronic signature of any person, the opinion of the Certifying Authority which has issued the electronic signature certificate is a relevant fact. Opinion as to Existence of Right or Custom (Section 48): When the Court has to form an opinion as to the existence of any general custom or right, the opinions of persons who would be likely to know of its existence if it existed, are relevant. Opinion as to Usages, Tenets, etc. (Section 49): When the Court has to form an opinion as to the usages and tenets of any body of men or family, or as to the constitution and government of any religious or charitable foundation, or as to the meaning of words or terms used in particular districts or by particular classes of people, the opinions of persons having special means of knowledge thereon, are relevant facts. Opinion as to Relationship (Section 50): When the Court has to form an opinion as to the relationship of one person to another, the opinion, expressed by conduct, as to the existence of such relationship, of any person who, as a member of the family or otherwise, has special means of knowledge on the subject, is a relevant fact.
Topics: Law of Evidence
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