Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

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104.

Opinion of an expert under Section 45 of Evidence Act :

A: is a conclusive proof
B: is not a conclusive proof
C: is supportive & corroborative in nature.
D: is not admissible.

The answer is: C

Explanation

The correct option is C: is supportive & corroborative in nature.

Expert Opinion under section 45 of the Indian Evidence Act is supportive and corroborative in nature.

Section 45 of the Act says that 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 fact. Such persons are called experts.

Section 45 permits only the opinions of an expert to be citied in evidence.

The evidence act only provides about the relevancy of expert opinion but gives no guidance as to its value.