All India Bar Examination (AIBE) 5-V Previous Year Question Papers with Answers

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18.

Which are the provisions under Indian Evidence Act, 1872 that deals with relevancy of opinion of experts

A: Ss.49&50
B: Ss.23&24
C: Ss.45&46
D: Ss.81&82

The answer is: C

Explanation

The correct option is C: Ss.45&46.

These are the provisions under the Indian Evidence Act, 1872 that deal with the relevancy of opinion of experts.

Section 45 states that when the court has to form an opinion on a point of foreign law, science, art, or identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant facts. 

Section 46 states that when the court has to form an opinion on a point of science or art, or as to identity of handwriting or finger impressions, the opinions on that point of persons specially skilled in such science or art, or in questions as to identity of handwriting or finger impressions are relevant facts.

These sections allow the court to seek the assistance of experts who have special knowledge and skill in the relevant field and whose opinions can help the court to arrive at a conclusion. The other options are incorrect because they do not deal with the relevancy of opinion of experts. 

Section 49 deals with the relevancy of opinions as to usages, tenets, etc.

Section 50 deals with the relevancy of opinions as to relationship, when such opinions are expressed by conduct.

Section 23 deals with admission in civil cases when relevant.

Section 24 deals with confession caused by inducement, threat or promise when irrelevant in criminal proceeding.

Section 81 deals with the presumption as to gazettes, newspapers, private acts of Parliament and other documents.

Section 82 deals with the presumption as to document admissible in England without proof of seal or signature.