Section 45 (Indian Evidence Act)
Definition
The provision of the Indian Evidence Act 1872 that permits courts to consider the opinions of persons with special skill in science or art when those opinions are relevant. It is the primary statutory basis for expert testimony in Indian civil and criminal proceedings.
- Statute
- Indian Evidence Act 1872, s.45
- Scope
- Opinions of persons skilled in science or art
- Status
- Superseded by BSA 2023, ss.39 and 45
- Jurisdiction
- India, pre-2023 historical reference
Common questions
What categories of expert opinion did Section 45 IEA originally cover?+
Foreign law, science, art, and by later judicial and legislative extension, handwriting and finger impressions, forming the traditional statutory gateway for expert testimony in Indian courts before the 2023 recodification.
Why is Section 45 IEA still cited in current Indian legal practice?+
It governed cases and precedent for over 150 years, so its case law remains persuasive authority for interpreting the near-identical successor provisions in the Bharatiya Sakshya Adhiniyam 2023, even though the Act itself is repealed.
Did Section 45 IEA require a specific qualification or certification?+
No, the section required only that the person be specially skilled in the relevant field, leaving courts to assess an individual's training, experience, and expertise case by case rather than requiring a fixed credential.
Related terms
- Concurrent Evidence (Hot-Tubbing)
- A procedure used in some common-law jurisdictions, particularly in Australia and international arbitration, where opposing experts are examined simultaneously by the tribunal...
- CPR Part 35
- The Civil Procedure Rules section governing expert evidence in England and Wales. It establishes the expert's overriding duty to the court, the...
- Daubert Standard
- The US federal evidentiary standard (Daubert v. Merrell Dow Pharmaceuticals, 1993) requiring that expert testimony be based on scientifically valid methods with...
- Expert's Overriding Duty
- The principle, codified in CPR Part 35.3 and equivalent rules, that an expert witness's primary obligation is to assist the court rather...
- Frye Standard
- The US legal test for admissibility of scientific evidence, originating from Frye v. United States (1923), which required that a technique be...