Select the correct statements ndash i Section 45 of the Evidence Act is an exception to the rule as ...........

Indian Evidence Act (IEA) 1872 Relevancy of Facts

Select the correct statements –

(i) Section 45 of the Evidence Act, is an exception to the rule as regards exclusion of opinion evidence.

(ii) Both under sections 45 and 47 of the Evidence Act, the evidence are of an opinion, in the former by a scientific comparison and in the later on the basis of familiarity resulting

from frequent observation and experience. In either case, the court must satisfy itself by such means as are open that the opinion may be acted upon.

(iii) It is a general rule that the opinion of witnesses possessing peculiar skill is admissible, whenever the subject-matter of enquiry is such that inexperienced persons are unlikely

to prove capable of forming a correct judgment upon it without such assistance.

(iv) A witness has to state the facts which he has seen, heard or perceived and the conclusion which he has formed on observing or perceiving them. (Section 60 of the Evidence Act).

(v) A witness has to state the facts which he has seen, heard or perceived and not the conclusion which he has formed on observing or perceiving them. (Section 60 of the

Act). The function of drawing an inference is a judicial function and must be performed by the court.

(vi) The section 45 of the Evidence Act refers particular attainment, standard of study or experience, which would qualify a person to give evidence as an expert. Generally, a

witness is considered as an expert if he is skilled in any particular art, trade or profession, and possessed of peculiar knowledge concerning the same.

(vii) The court becomes functus officio because of an expert opinion.

(viii) The purpose of expert opinion is primarily to assist the court in arriving at a final conclusion and therefore, such reports are conclusive one.

(ix) The evidence of an expert should not be acted upon unless substantially corroborated.

(x) Section 45 of the Evidence Act is an exception to the rule as regards the exclusion of opinion evidence. Opinions of experts are relevant upon a point of foreign law, science,

art, identity of handwriting and finger impressions.

(i), (ii), (iii), (iv), (vi), (vii), (x)

(i), (ii), (iii), (v), (vii), (x)

(i), (iii), (iv), (vi), (vii), (viii), (ix), (x)

(i), (ii), (iii), (v), (x)

Explanation:

Statements (iv), (vi), (vii), (viii), (ix)
Statement iv - State the facts and not the conclusion which he has formed on observing or perceiving them. The function of drawing inference is a
judicial function and must be performed by the court. [Mobarik Ali Ahmed vs. State of Bombay 1958 SCR at P 342]
Statement vi - The Section 45 does not refer to any particular attainment, standard of study or experience, which would qualify a person to give evidence as an expert.
Statement vii -The opinion of an expert may not have any binding effect on the court and the court does not become functus officio because of an expert opinion. It is not the province of the expert to act as judge or jury and
the ultimate opinion has to be formulated by the court. [Ramesh Chandra Agarwal vs. Regency Hospital Ltd, AIR 2010 SC 806].
Statement viii - Not conclusive – Tomaso Bruno vs. State of UP (2015) 7 SCC 178, Para 48, held that purpose is primarily to assist the court in
arriving at a final conclusion but such report, is not a conclusive proof. Statement ix - Fakhrudin vs. State of Madhya Pradesh, AIR 1967 SC
1326 held that although the approach has to be one of caution, there is no rule of law that the evidence of an expert should not be acted upon unless substantially corroborated.