Who’s an expert?
An expert is a person with high knowledge and skill in a particular field of study, a
person who has earned specialized knowledge and skill in that particular field of study. Evidence is
information or opinion given by any person that proves the allegation to be true or not to be true. So
expert evidence is information or opinion given by an expert in any field that person is specialized in,
which comes out to be evidence in any matter. In field of law, expert witness is a person whose
opinion is accepted by judge relating to any fact or evidence. An expert witness giving an opinion
should be only on those matters in which that witness has specialized skills. This opinion given by
expert witness is called expert opinion and if any evidence delivered by expert is called expert
evidence. Expert evidence is applied to both civil cases and criminal cases. According to Section 45 of
The Indian Evidence Act, 1872 “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]1, the opinions upon that
point of persons especially skilled in such foreign law, science or art, [or in questions as to
identification of handwriting]2, [or finger print analysis]3 are relevant facts. Such persons are called
experts”4.
Testimony evidence – The word testimony has been derived from Latin word testis referred to
disinterested third party witness. In law, testimony is one of the forms of evidence which is obtained
when the witness makes any statement or declares any fact. Testimony may be in any form, written
or oral. When written testimony is witnessed by one or more persons who swear or affirm its
authenticity that testimony is admissible in court and is of more reliability and validity. Whenever
court asks questions to witness, the answers given by witness to the court is called testimony. It is a
serious crime if witness gives false information because before giving any statement witness sworn
under oath. After this if witness gives false answers, witness commit the crime of perjury. According
to section 118 of Indian Evidence Act, 1872 any person may be called to testify unless that person is
prevented from understanding the question of the court due to old age, any disease and disease can
be of body or mind, or insanity of any person or any other cause of the same kind. Person called to
testify by court if refuses to answer a question asked by court can be sent to jail for short duration of
period on ground find in contempt of court.