Friday, April 10, 2009

Expert Evidence in Forensic


An expert means according to court of law, he can be described as a person, who has extraordinary knowledge, skill, expertise or information about the matter of inverstigation or inquiry. He might have obtained the same through his experience, practice, studies or observations.Generally an ordinary layman does not have such type of knowledge without the help of expert. To more specfic as per section -45 of Indian Evidence Act of 1872 when the Hon'ble court has to make an opinion upon on a matter of foreign law,science, art, handwriting, or finger prints the opinion upon that matter of persons specially skilled in such field to tell the relevant facts are called experts. Forensic scientist/ chemical examiner is one such expert under the above definition in the court of law.His report has the value of sworn testimony and can be admitted as evidence without any formal proof under Cr. P.C, 293. Though the persons mentioned above are treated as experts they may have to undergo the cross-examination to defend their opinions or to prove their expertise/skill in the court of law. No doubt that the opinion given by the expert is not binding on the part of judiciary to accept the same and it is only advisory in nature. The duty of experty is to present the fact with reson and result based on the scientific tests condcuted by him. It is for the judiciary to consider the opinion on or the technical/scientific aspects submitted by the expert in forming their overall opinion to deliver justice. The crime exhibit, meterail evidence, or clue meterial realted to a crime can not be conclusively proved beyond doubt for their identity merely on the basis of the visual examination but their identity required to be chemical examination/ anaylasis to be crried out by chemical analyst/ chemist/ expert authorised under section 293 of the Cr.P.C. 1973. According to the section only government expert are authorised.

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