45. Opinions of experts.–
–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 2[or finger impressions], the opinions upon that point of
persons specially skilled in such foreign law, science or art, 3[or in questions as to identity of handwriting]
2
[or finger impressions] are relevant facts.
Such persons are called experts.
Illustrations
(a) The question is, whether the death of A was caused by poison.
The opinions of experts as to the symptoms produced by the poison by which A is supposed to have
died, are relevant.
1. Ins. by Act 3 of 1891, s. 5.
2. Ins. by Act 5 of 1899, s. 3 for discussion in Council as to whether “finger impressions” include “thumb
impressions” see Gazette of India, 1898, pt.VI, p. 24.
3. Ins. by Act 18 of 1872, s. 4.
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(b) The question is, whether A, at the time of doing a certain act, was, by reason of unsoundness of
mind, incapable of knowing the nature of the act, or that he was doing what was either wrong or contrary
to law.
The opinions of experts upon the question whether the symptoms exhibited by A commonly show
unsoundness of mind, and whether such unsoundness of mind usually renders persons incapable of
knowing the nature of the acts which they do, or of knowing that what they do is either wrong or contrary
to law, are relevant.
(c) The question is, 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 two documents were written by the same person
or by different persons, are relevant.
1
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