What is Facts bearing upon opinions of experts What is Opinion as to handwriting, when relevant What is Opinion as to digital signature where relevant Section 46, 47 and 47a of Indian Evidence Act 1872

Facts bearing upon opinions of experts, Opinion as to handwriting, when relevant Opinion as to digital signature and where relevant are defined under section 46, 47 and 47a of Indian Evidence Act 1872. Provisions under these sections are:

Section 47 of Evidence Act "Facts bearing upon opinions of experts"

Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant.

Illustrations

(a) The question is, whether A was poisoned by a certain poison.
The fact that other persons, who were poisoned by that poison, exhibited certain symptoms which experts affirm or deny to be symptoms of that poison, is relevant.

(b) The question is, whether an obstruction to a harbor is caused by a certain sea-wall.
The fact that other harbors similarly situated in other respects, but where there were no such sea-walls, began to be obstructed at about the same time, is relevant.

Section 47 of Evidence Act "Opinion as to handwriting, when relevant"

When the Court has to form an opinion as to the person by whom any document was written or signed, the opinion of any person acquainted with the handwriting of the person by whom it is supposed to be written or signed that it was or was not written or signed by that person, is a relevant fact.

Illustration

The question is, whether a given letter is in the handwriting of A, merchant in London.
B is a merchant in Calcutta, who has written letters addressed to A and received letters purporting to be written by him. C is B's clerk, whose duty it was to examine and file B's correspondence. D is B's broker, to whom B habitually submitted the letters purporting to be written by A for the purpose of advising with him thereon.
The opinions of B, C and D on the question whether the letter is in the handwriting of A are relevant, though neither B, C and D ever saw A write.

Section 47a of Evidence Act "Opinion as to digital signature where relevant"

When the Court has to form an opinion as to the digital signature or any person, the opinion of the Certifying Authority which has issued the Digital Signature Certificate is a relevant fact.