EXPERT OPINION UNDER QSO
Relevancy of third party’s opinion Article 59: There are certain things which alone court cannot ascertain. Court needs help of expertise. Court may need expert opinion in following cases:
1. Foreign law.
2. Science.
3. Art.
4. Identification of handwriting.
5. Finger impression.
Persons who help in such matters are termed as experts. Court forms its opinion with the help of expertise. Their opinion is relevant.
As a general rule a witness is allowed to speak such facts only as are within his personal knowledge, i.e., which he has seen or heard or otherwise perceived with his senses. His opinion or belief as to the existence or non-existence of a particular fact is irrelevant because that is within the exclusive knowledge of the court or the jury, who are to form their own opinions from the facts placed before them by witnesses. Sometimes, however, cases come up in courts, which involve matters that are beyond the range of common experience or common knowledge. In those cases, to assist the court in coming to a correct conclusion, the opinion of those who have had training or experience and are consequently experts on the particular matters are allowed to be given. Expert opinion is relevant and admissible merely to aid the court forming its opinion. The court can come to its own conclusion independently of expert’s opinion.
Illustrations: The question is, whether the death of A was caused by poison. The opinion of experts as to the symptoms produced by the poison by which A is supposed to have died, are relevant.
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 opinion of experts upto 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.
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 opinion of experts on the question whether the two documents were written by the same person or by different persons is relevant.
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