Discuss, as to when the opinion of any other person is also relevant, in addition to the opinion of experts, under the Indian Evidence Act, 1872.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2024
Discuss, as to when the opinion of any other person is also relevant, in addition to the opinion of experts, under the Indian Evidence Act, 1872.

Answer & Explanation:

In addition to the opinions of experts, opinion of any other person is also relevant in the following situations under the Indian Evidence Act, 1872: Facts which support or are inconsistent with the opinions of experts are also made relevant. The Facts which are not otherwise relevant becomes relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant. (Section 46) Opinion as to the handwriting of a person if the person giving the opinion is acquainted with the handwriting of the person in question; (Section 47) Opinion as to the digital signature of any person, the opinion of the Certifying Authority which has issued the Digital Signature Certificate; (Section 47A) Opinion as to the existence of any general right or custom if the person giving the opinion is likely to be aware of the existence of such right or custom; (Section 48) Opinion as to usages etc. words and terms used in particular districts, if the person has special means of knowledge on the subject; (Section 49) Opinion expressed by conduct as the existence of any relationship by persons having special means of knowledge on the subject. (Section 50) Alternate Answer (Bharatiya Sakshya Adhiniyam, 2023) In addition to the opinions of experts, opinion of any other person is also relevant in the following situations under the Bharatiya Sakshya Adhiniyam, 2023: Facts which support or are inconsistent with the opinions of experts are also made relevant. The Facts which are not otherwise relevant becomes relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant. (Section 40) Opinion as to the handwriting and signature of a person if the person giving the opinion is acquainted with the handwriting of the person in question; (Section 41 (1)) Opinion as to the digital signature of any person, the opinion of the Certifying Authority which has issued the Digital Signature Certificate; (Section 41 (2)) Opinion as to the existence of any general right or custom if the person giving the opinion is likely to be aware of the existence of such right or custom; (Section 42) Opinion as to usages etc. words and terms used in particular districts, if the person has special means of knowledge on the subject; (Section 43) Opinion expressed by conduct as the existence of any relationship by persons having special means of knowledge on the subject. (Section 44)

Topics: Indian Evidence Act, 1872

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