Judicial Dictionary



Title Expert
Details

Experts are persons who have special skill in and knowledge of a trade or profession. A surgeon and an architect are, for example, experts in surgery and building. They are often called as witness in court to give their opinions in technical cases. When the court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts. Such persons are called experts. ….. [Section 45 of the Evidence Act, 1872]
An expert’s opinion may be considered by the Court in forming its own opinion on the issue before it. The opinion of an expert is never binding on a Court. It is admitted in evidence only to help the Court in arriving at a correct decision. But it does not follow that the opinion of an expert is always correct. ….. [Prafullah Kamal Bhattacharya vs. Ministry of Home (1976) 28 DLR 123]