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Report No. 69

IX. Notice

Provision for notice.-While other procedural changes are not needed there is one point on which there is scope for improvement. It is fair that where a party wishes to call an expert particulars of his opinion i.e. the gist thereof should be supplied so that cross-examination can be conducted efficiently

X. Recommendation

Recommendation.-We have now completed our discussion of section 45. The question of foreign law is proposed to be dealt with later1, since it requires fuller examination. In the light of the above discussion, we recommend that section 45 should be revised as follows and the following new section inserted:-

1. See infra.

Revised section 45

"45. Opinions of experts.-(1) When the Court has to form an opinion upon a point of foreign law, or of science or art, or as to the identity of handwriting, finger impressions, footprints, palm impressions or typewriting, the opinions, upon that point, of persons specially skilled in such foreign law, science or art, or in questions as to the identity of handwriting, finger impressions, footprints, palm impressions or typewriting, as the case may be, are relevant facts.

(2) Such persons are called 'experts'.1

(Illustrations as at present).

1. Illustrations as at present.

Section 45A (New)

45A. Supply of copy.- (1) Except by leave of the Court, a witness shall not testify as an expert unless a copy of the report has, pursuant to sub-section (2). been given to all other parties.

(2) When any party intends to adduce expert evidence, he shall. within a reasonable time before the date of the trial, provide to all other parties a report which-

(a) identifies the person proposed to be called as an expert ;

(b) states the subject-matter on which the expert is expected to testify;

(c) states the substance of any facts and the opinions and inferences to which the expert is expected to testify; and

(d) provides a summary of the grounds for each opinion.



Indian Evidence Act, 1872 Back




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