107.
The answer is: B
Explanation
The correct option is B : Itself may compare the same or may refer it to an expert under Section 45.
The explanation is as follows:
- Section 73 of the Indian Evidence Act, 1872 empowers the court to compare the signature, writing or seal of a person with another one that is admitted or proved to have been written or made by that person, for the purpose of ascertaining whether they are the same or not.
- Section 73 also allows the court to direct any person present in court to write any words or figures for the same purpose of comparison.
- Section 73 applies to finger impressions as well, as per the amendment made by Act 5 of 1899.
- However, Section 73 does not prohibit the court from seeking the opinion of an expert on the matter of identity of handwriting, signature, seal or finger impression, if the court deems it necessary or desirable.
- Section 45 of the Indian Evidence Act, 1872 states that the opinions of experts on such matters are relevant facts, and such persons are called experts.
- Section 45 also covers the opinions of experts on foreign law, science or art, which are beyond the common knowledge of the court.
- Therefore, the court has the discretion to either compare the signature, writing, seal or finger impression itself, or to refer it to an expert under Section 45, or to do both, depending on the circumstances of the case.