When the Court has to form an opinion upon a point of foreign law or of science, or art, or as to identity of handwriting, 1[or finger impressions], the opinions upon that point of persons specially skilled in such foreign law, science or art, 2[or in questions as to identity of handwriting] 1[or finger impressions ]are relevant facts.
Such persons are called experts.
Illustrations
(a) The question is, whether the death of A was caused by poison.
The opinions of experts as to the symptoms produced by the poison by which A is
supposed to have died, are relevant.
(b) The question is, whether A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary to law.
The opinions of experts upon the question whether the symptoms exhibited by A commonly show unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary to law, are relevant.
(c) The question is, whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A.
The opinions of experts on the question whether the
two documents were written by the same person or by different persons, are
relevant.
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1. Ins. by Act 5 of 1899, s. 3 For discussion in Council as to whether "finger impressions" include "thumb impressions" see Gazette of India, 1898, pt VI, p. 24.
2. Ins. by Act 18 of 1872, s. 4.
Section 41 Relevancy of certain judgments in probate, etc., jurisdiction
Section 43 Judgments, etc., other than those mentioned in sections 40, 41 and 42, when relevant
Section 44 Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved
Section 45 Opinions of experts
Section 45A Opinion of Examiner of Electronic Evidence
Section 46 Facts bearing upon opinions of experts
Section 47 Opinion as to handwriting, when relevant
Section 47A Opinion as to digital signature, when relevant
Section 48 Opinion as to existence of right or custom, when relevant
Section 49 Opinion as to usages, tenets, etc., when relevant