Published Paper Details:

It is the best rule of evidence that only direct evidence can be given of any fact in issue or relevant fact whether it is oral evidence or documentary. Direct evidence means if it is the evidence of a witness, it must be given by such person who has direct knowledge of the facts or if it is a document, it should be the original/primary document. Opinion of a person is neither relevant nor admissible in the proceeding. But there is an exception to this rule provided in Indian Evidence Act under section 45 and 45 A. Section 45 and 45 A provide the provision for relevancy of opinion of an expert in the judicial proceedings. These sections provide that when the court has to form an opinion as to the matter of science or art or relating to identification of handwriting or finger impression or electronic signature, the opinion of an expert having special knowledge in that matter/field is relevant. The reason is that the judicial officers are not supposed to be expert or having sufficient knowledge in all the matters. Therefore they are free to take the help of experts in technical matters. The opinion of an expert can be taken in to consideration if the court wishes to it.