Expert Opinion || Section 45-51|| Indian Evidence Act, 1872

Bal Krishna Das Agrawal v. Radha Devi and Others 1989 The court defined expert as a person who by his training has acquired the ability to express an opinion but an ordinary witness does not possess this quality.
Ramesh Chnadra Agarwal v. Regency Hospital Ltd. The court stated that first and foremost requirement for expert evidence to be admissible is that it is necessary to hear the expert evidence. The test is that the matter is outside the knowledge and experience of the layman.
Honorable Supreme Court has laid down in the case of State of Maharashtra v. Damus Gopinath Shinde 2000 that mere assertion in support of his opinion is not evidence, even if it comes from an expert. It is held that such evidence cannot be considered even if it is correct until and unless expert is examined.
Kabul Singh v. Gurinder Singh, it was held that opinion which is sought is only relevant and other information should be ignored.
State of Himachal Pradesh v. Jai Lal and others 1999 Honorable apex court explained the substance of expert opinion that section 45 which makes the opinion of experts admissible lays down, that 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 impressions specially skilled in such foreign law, science or art or in question as to identity of handwriting or finger impressions are relevant facts.
In the case of Titli v. Jones 1934, it was held that the real function of the expert is to put before the court all the materials, together with reasons which induce him to come to the conclusion, so that the court, although not an expert, may form its own judgment by its own observations of those materials.
In the case of State of Maharashtra v. Sukhdeo Singh, 1992, the honorable Supreme Court opined that a court can act on the opinion of handwriting expert if two things are proved beyond any doubt, namely
(i) The genuineness of the specimen/admitted handwriting of the concerned accused and
(ii) The handwriting expert is a competent, reliable and dependable witness whose evidence inspires confidence.
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