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Report No. 271

A. Indian Evidence Act, 1872:

4.2 Section 9 of the Indian Evidence Act, 1872 deals with 'facts necessary to explain or introduce a fact in issue or relevant fact'. Section 45 provides as to how the Court has to form an opinion upon a point of foreign law or of science or art, or identity of handwriting [or finger impressions] etc. Section 51 refers to grounds when opinion becomes relevant. Section 112 provides that birth during the continuance of a valid marriage is a conclusive proof of legitimacy with only exception that the parents had no access to each other during the period of conception. Under section 114 the Court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case.

4.3 If the evidence of an expert is relevant under section 45, the ground on which such opinion is derived is also relevant under section 51. Section 46 deals with 'facts bearing upon opinions of experts'. The opinion of an expert based on the DNA profiling is also relevant on the same analogy. However, whether a DNA test can be directed or not has always been a debatable issue.



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