Expert Witness

            Expert witness, These are the parties not directly or indirectly connected in any manner to the suit or proceeding which is pending in the Court,  but they are called by the Court to assist to the Court, When the court cannot form the judgement himself.   




Who is Expert ? 

        An expert is a skillful professional in a particular field capable of possessing specialized knowledge concerning the matter in issue, which a common man cannot possess. 

Definition of Expert Witness : 

           "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 impression, the opinions upon that point of person specially skilled in such foreign law, science or art, or on questions as to the identity of writings or finger impressions are relevant facts. Such persons are called experts.

Illustrations

• The question whether the death of A was caused by poison. The opinion of the expert as to the symptoms produced by the poison by which A is supposed to have died are relevant.

• The question whether A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of the nature of the act, or that he was doing what was either wrong or contrary to law.

• The opinion of experts upon the question whether the symptoms exhibited by A commonly show unsoundness of mind, and whether such unsoundness of mind usually renders incapable of knowing the nature of the acts which they or of knowing that what they do is either wrong or contrary to law, are relevant.

• The question whether a certain document was written by A. Another document is produced which is proved or admitted to have been written by A. The opinions of experts on the question whether the documents are written by the same person or by different persons, are relevant.

Conclusion : 

            An expert witness is one who has devoted time and study to a special Branch of learning, and thus is specially skilled on those points on which he asked to state his opinion. His evidence on such points is admissible to enable to court to come to a satisfactory conclusion.Opinion of experts include-medical, serologist's report, chemical analysis, handwriting, palm impression, finger prints, type written documents.



See also : 

Meaning and Kinds of Evidence