What is Facts bearing upon opinions of experts? What is Opinion as to handwriting, when relevant? What is Opinion as to digital signature where relevant? Section 46, 47 and 47a of Indian Evidence Act 1872

Facts bearing upon opinions of experts, Opinion as to handwriting, when relevant Opinion as to digital signature and where relevant are defined under section 46, 47 and 47a of Indian Evidence Act 1872. Provisions under these sections are:

Section 47 of Evidence Act "Facts bearing upon opinions of experts"

Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant.

Illustrations

(a) The question is, whether A was poisoned by a certain poison.
The fact that other persons, who were poisoned by that poison, exhibited certain symptoms which experts affirm or deny to be symptoms of that poison, is relevant.

(b) The question is, whether an obstruction to a harbor is caused by a certain sea-wall.
The fact that other harbors similarly situated in other respects, but where there were no such sea-walls, began to be obstructed at about the same time, is relevant.

Section 47 of Evidence Act "Opinion as to handwriting, when relevant"

When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact.

Illustration

The question is, whether a given letter is in the handwriting of A, merchant in London.
B is a merchant in Calcutta, who has written letters addressed to A and received letters purporting to be written by him. C is Bís clerk, whose duty it was to examine and file Bís correspondence. D is Bís broker, to whom B habitually submitted the letters purporting to be written by A for the purpose of advising with him thereon.
The opinions of B, C and D on the question whether the letter is in the handwriting of A are relevant, though neither B, C and D ever saw A write.

Section 47a of Evidence Act "Opinion as to digital signature where relevant"

When the Court has to form an opinion as to the digital signature or any person, the opinion of the Certifying Authority which has issued the Digital Signature Certificate is a relevant fact.

What is admission not conclusive proof, but may estop? What are Cases in which statement of relevant fact by person who is dead or cannot be found, etc, is relevant? Section 31 and 32 of Indian Evidence Act 1872

What is Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated? Section 33 of Indian Evidence Act 1872

What is Entries in books of account when relevant? What is Relevancy of entry in public record made in performance of duty? Section 34 and 35 of Indian Evidence Act 1872

What is Relevancy of statements in maps, charts and plans? What is Relevancy of statement as to fact of public nature, contained in certain acts or notifications? Section 36 and 37 of Indian Evidence Act 1872

What is Relevancy of statements as to any law contained in law-books? What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers? Section 38 and 39 of Indian Evidence Act 1872

What is Previous judgments relevant to bar a second suit or trial Relevancy of certain judgments in probate, etc. jurisdiction? Section 40 and 41 of Indian Evidence Act 1872

What is Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 41? Section 42 of Indian Evidence Act 1872

What is Judgment, etc., other than those mentioned in sections 40 to 42, when relevant? Section 43 of Indian Evidence Act 1872

What is Fraud or collusion in obtaining judgment, or in competency of Court, may be proved? What is Opinions of experts? Section 44 and 45 of Indian Evidence Act 1872

What is Facts bearing upon opinions of experts? What is Opinion as to handwriting, when relevant? What is Opinion as to digital signature where relevant? Section 46, 47 and 47a of Indian Evidence Act 1872

What is opinion as to existence of right or custom, when relevant? What is opinion as to usage, tenets, etc., when relevant? What is opinion on relationship, when relevant? Section 48, 49 and 50 of Indian Evidence Act 1872

 

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