Private: Evidence Law Content
Generally an expert means a person who has special knowledge and skill in a special field either by the study or by the experience. Some experts are being expert through their study and some are being expert through their experience. In the western or developed country ,these people are recognized as an expert. Who did special courses like Doctor, Engineer and other specialized people. But in context of Nepal those people are recognized as an expert who have long time experience about such matter of handwriting, a person who observed someone handwriting from long time before. Section 23 of Evidence Act 2031, states “An expert as a person who has gained special knowledge through special studies , training and experience”.
According to Black’s Law Dictionary, “An expert is a person who through education or experience has developed skill or knowledge in a particular subject , so that she/he may opinions that will assist the fact finders.
Similarly, according to Ballentine’s Dictionary, “An expert means , one who is qualified either by actual experience or by careful study , as to enable him/her to form a definite opinion of his/her own respecting a division of science, branch of art or department of trade about which persons having no particular training or special study are incapable of forming accurate opinions or deducing correct conclusions.
Section 45 of Indian Evidence Act 1872 states that “when the court has to form an opinion upon a point of foreign law, or science, or art or as to identify of handwriting or finger print expression , the opinion upon that point of persons specially skilled in such foreign law, science or art , or in question as to identify of handwriting or fingerprint impression are relevant facts. Such person is called an expert.
In short, we can say an expert is that person who has knowledge on particular field by the study training or by the experience.