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Q128 (CISF/2021) Polity & Governance › Judiciary

"A" is found dead in mysterious circumstances. The question is whether the death of "A" was caused by poison or not. Relatives are claiming that the death is natural. Whose opinion would be relevant as per Section 45 of the Indian Evidence Act, 1872 ?

Explanation

As per Section 45 of the Indian Evidence Act, 1872, when the Court needs to form an opinion on a point of foreign law, science, art, or the identity of handwriting or finger impressions, the opinions of persons "specially skilled" in such areas are relevant facts. Such individuals are termed experts.

In the given scenario, determining whether a death was caused by poison involves medical science and toxicology. Illustration (a) of Section 45 explicitly states that when the question is whether the death of 'A' was caused by poison, the opinions of experts as to the symptoms produced by such poison are relevant. Opinions of family members, friends, or advocates do not constitute expert testimony under this section as they lack the specialized scientific training required to determine medical causes of death. Therefore, only the opinion of experts is relevant.

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