The Indian Evidence Act, 1872 (IEA) is the backbone of evidentiary rules in Indian courts. It not only defines what evidence is admissible, but also lays down principles to determine the relevance and reliability of facts presented during judicial proceedings. Two particularly important concepts under this Act are:
- When facts that are generally irrelevant become relevant due to specific circumstances, and
- The role of expert witnesses and the relevancy of their opinions.
These concepts are crucial for students, legal professionals and exam candidates because they frequently appear in theoretical as well as practical legal contexts. This article gives a clear, comprehensive, SEO-friendly and humanized explanation of both aspects.
When Facts Not Otherwise Relevant Become Relevant
Certain facts, although not ordinarily relevant, gain relevance under special conditions described in Sections 6 to 55 and other parts of the Evidence Act.
Facts forming part of the same transaction (Section 6 – Res Gestae)
Even if a fact seems unrelated at first, it becomes relevant when it is part of the “same transaction.” For example, the cry of a victim during an attack, or statements made spontaneously during an event, may be admitted as evidence.
This exception allows courts to consider the entire context rather than isolated incidents.
Facts that are the cause or effect of relevant facts (Section 7)
Facts explaining the cause or consequence of an event become relevant.
For example: Burn marks on the ground near a fire accident scene help prove what caused the fire.
Facts showing motive, preparation or previous/ subsequent conduct (Sections 8–11)
These facts usually appear irrelevant, but when they explain why a person acted in a particular manner, they become relevant.
Examples:
- Accused purchasing poison before wife’s death (preparation)
- Attempt to hide evidence (subsequent conduct)
Facts affecting the probability of an event (Sections 11–14)
Even facts that don’t directly prove or disprove an allegation become relevant if they influence the probability of its truth.
Example: Evidence showing the accused was in another city at the time of crime (alibi).
Facts necessary to explain or introduce relevant facts (Section 9)
Facts that help identify places, persons, or things connected with an event become relevant.
Example: Test identification parade (TIP).
Facts relating to the existence of conspiracy (Section 10)
Statements or acts of co-conspirators are relevant against all members if done in furtherance of the conspiracy.
Thus, facts that appear unimportant in isolation may become legally significant once they are shown to be linked with relevant events.
Who is an Expert?
The concept of “expert” is defined in Section 45 of the Indian Evidence Act.
An expert is a person who has specialized knowledge, training, or experience in a particular field beyond ordinary persons. Courts trust the opinion of experts because their knowledge assists in understanding complex or technical matters.
An expert may acquire skill by:
- Education
- Professional qualification
- Training
- Long practical experience
Types of Experts under Section 45
- Medical experts – doctors, surgeons, forensic specialists
- Ballistics experts – firearm and ammunition specialists
- Fingerprint experts
- Handwriting experts
- Forensic experts
- Digital and cyber-forensic experts
- DNA and biological experts
- Chemical examiners
- Engineers and architects, when structural failures are involved
In addition, Section 45A recognizes expert opinions produced by “Electronic Evidence Examiner”, significant in cybercrime and digital document cases.
Thus, an expert is not necessarily someone with a degree; extensive practical experience can also qualify a person as an expert (as courts have affirmed in various judgments).
When Are Opinions of Experts Relevant?
Section 45 – Opinions of Experts
Expert opinion becomes relevant when the court needs assistance on matters requiring specialized knowledge.
The primary areas where expert opinion is relevant include:
- Foreign law
- Science
- Art
- Identity of handwriting or signature
- Finger impressions
- Ballistics
- Cause of death
- Nature of injuries
- DNA profiling
- Chemical analysis (poisoning, narcotics, etc.)
Courts rely on expert opinion not as conclusive evidence, but as advisory assistance. Judges remain the final decision-makers.
Section 45A – Electronic Evidence Experts
In the digital era, this provision has become vital.
Expert opinions on:
- Cyber-forensics
- Verification of electronic records
- Recovery of deleted data
- Authentication of digital signatures
become relevant and admissible.
Section 47 – Handwriting Opinions by Ordinary Witnesses
Even a non-expert who is acquainted with someone’s handwriting can give opinion.
This shows that expert opinion is not exclusive, but preferred when technical accuracy is required.
Section 48 – Opinions on Custom or Usage
Experts familiar with local customs, family traditions, or specific community practices may offer relevant opinions.
Section 50 – Opinions on Relationship
Opinions of those who know the parties socially or personally are relevant to prove:
- Marriage
- Kinship
- Family relations
This shows the Indian Evidence Act goes beyond traditional scientific expertise.
Limitations of Expert Evidence
Although expert evidence is crucial, the court is not bound to accept it blindly. Key limitations include:
Expert is not a witness of fact
Experts do not testify about what they saw, but what they think based on analysis.
Expert opinions may conflict
Different experts may give opposing views.
xpert opinion must be tested
Cross-examination may expose flaws, biases or inconsistencies.
Courts must seek corroboration
Judges often prefer supporting evidence to reinforce expert testimony.
Courts must evaluate methodology
The court checks whether the expert followed scientifically recognized procedures.
Thus, expert opinion serves as a valuable tool but does not override judicial discretion.
Importance of Expert Evidence in Modern Judicial System
With increasing reliance on science and technology, expert evidence is essential in:
- Criminal trials (DNA, fingerprints, ballistics)
- Cybercrime cases (hacking, data theft)
- Civil disputes (engineering faults, medical negligence)
- Insurance claims
- Intellectual property matters
Experts help the court bridge the gap between legal reasoning and scientific complexity.
Mnemonic Sentence to Remember the Answer
“FACTS Become Relevant When They CONNECT, and EXPERTS Help COURTS DECIDE the TECHNICAL.”
Breakdown:
- FACTS – Facts not otherwise relevant
- CONNECT – When they connect to cause, effect, conduct, motive, identity
- EXPERTS – Persons with special skill
- COURTS – Use expert opinions
- DECIDE – Opinions are advisory, not binding
- TECHNICAL – Relevant only for technical matters
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