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Report No. 185

Section 60

We recommend addition of a second proviso as follows in section 60:

"Provided further that the opinion of the expert expressed in writing, and the grounds on which such opinion is held, may be proved without calling the expert as a witness, unless the Court otherwise directs, having regard to the circumstances of the case, where the exper.-

(i) is an employee of the Central or State Government or of a local authority or of a University or other institution engaged in research and has been consulted by the Court on application of a party or on its own motion; or

(ii) recorded the opinion in the course of his employment, subject however to the right of either party to summon the expert for the purpose of cross-examination."

Section 60A

Section 60A proposed in the 69th Report in regard to "evidence of age" proposed given up as the Commission felt that the provision will be abused. We respectfully agree.

Review of the Indian Evidence Act, 1872 Back

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