All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

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26.

When a Court has to form an opinion upon a point of foreihn law or of science, or art, or as to identity of handwritting, 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 handwritting or finger impressions are relevant facts. - this is under _______________ of the Evidence Act

A: Section 42
B: Section 45
C: Section 50
D: Section 55

The answer is: B

Explanation

The correct option is B: Section 45.

This section of the Evidence Act deals with the opinions of experts on various matters that require special knowledge or skill. According to this section, 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 and their opinions can help the court to arrive at a satisfactory conclusion. The other sections are not related to this topic. Section 42 deals with the relevancy of judgments, orders or decrees in matters of public nature. Section 50 deals with the relevancy of opinions as to relationship, when such opinions are expressed by conduct. Section 55 deals with the relevancy of facts showing the existence of any state of mind, or of body or bodily feeling.