Evidentiary Value Of Expert’s Opinion In Criminal Trials In India

Evidentiary Value Of Expert’s Opinion In Criminal Trials In India - A Study Through Supreme Court Judgements

Dr. Sambeeta Dabral, Nari Gursahani Law College

ABSTRACT

An important aspect of criminal justice system is the use of expert’s opinion during criminal trials. In an adversarial system, an expert witness provides the court with the advantage of scientific and technical knowledge which is not available to a layman. In India, as a general rule, a statement made by a third person is not admissible in the court of law. However, such a statement becomes relevant as evidence if the third person falls within the category of an ‘expert’. An expert evidence is considered as an opinion evidence. Hence, it is the duty of the court to decide whether to rely on the expert’s opinion or not.

The legal system faces challenge when it comes to admissibility and reliability of expert evidence. The courts while admitting scientific evidence face the difficulty in choosing the veracity of scientific explanation which is tendered by the expert witness. Hence, the experts are called to the court to be examined. It is also observed that expert’s opinion cannot be considered as more reliable than the ocular evidence and hence, the courts do not base their decision only on expert evidence unless it is corroborated by independent evidence.

The Indian laws render relevancy to expert’s opinion but does not lay down the standard for reliability on such evidence. This paper contextualises the concept of expert evidence; law relating to expert’s evidence and the evidentiary value of expert’s opinion in criminal trials through a study of Apex courts judgements.