Opinion of an expert expressed in a book commonly offered for sale can be proved by the product...........

Indian Evidence Act (IEA) 1872 Facts not to proved

Opinion of an expert expressed in a book commonly offered for sale can be proved by the production of such book if the author

is dead

lives outside the jurisdiction of the trial court

is capable of giving evidence but fails to appear before the court

is not willing to give evidence

- Option 1: Is dead

An author who has passed away cannot testify, so their written work can be used as evidence.

Correct Answer: Option 1

- Option 2: Lives outside the jurisdiction of the trial court

If an author is alive but outside the court's reach, the availability to testify isn't entirely lost; other means may be used.

- Option 3: Is capable of giving evidence but fails to appear before the court

This may not automatically allow a book's production as the author can still be compelled to testify.

- Option 4: Is not willing to give evidence

An unwilling author might still be compelled to appear by the court, so their book may not be used as evidence simply due to unwillingness.

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