Report No. 185
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 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.