Section 218 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 218 — Bharatiya Sakshya Adhiniyam (BSA), 2023
Title of Section 218
“Expert Evidence”
Substance of Section 218
Section 218 of the BSA provides that:
When the court considers it necessary to form an opinion on a point of science, art, or skilled practice, it may call an expert to give evidence. The opinion of the expert may be admitted as evidence, but the ultimate decision on the facts rests with the court.
In simpler terms:
Experts can be called to help the court understand technical or specialized matters.
Their opinion is admissible, but the judge or jury makes the final decision about the facts.
Purpose and Rationale
Assist the Court in Complex Matters – Courts are not expected to have specialized knowledge in areas like medicine, engineering, forensics, handwriting analysis, etc.
Ensure Accurate Adjudication – Expert testimony helps the court make informed decisions.
Maintain Judicial Authority – While experts advise, judges retain the authority to accept or reject opinions.
Essential Elements of Section 218
To rely on expert evidence under Section 218, the following conditions are required:
1. Court’s Necessity
The court must deem it necessary to understand a technical point.
Expert evidence is not mandatory for every case; it is used selectively.
2. Qualification of Expert
The person must have special knowledge, skill, or experience in the relevant field.
This can include:
Medical practitioners
Scientists
Engineers
Forensic specialists
3. Nature of Evidence
Experts provide opinion evidence, not direct facts.
The expert explains the technical aspects, based on facts and observations presented in the case.
4. Court’s Role
The court is not bound by the expert’s opinion.
Experts advise, but judges independently evaluate the evidence.
Illustrations
Illustration 1 – Forensic Evidence
In a murder case, the court calls a forensic expert to examine DNA evidence linking the accused to the crime.
Expert explains technical findings.
Court may accept, partially accept, or question the expert’s opinion.
Illustration 2 – Medical Expert
A victim is injured in an accident. The court calls a doctor to explain whether injuries could have been caused by the accused’s actions.
Expert provides medical opinion.
Judge decides whether this evidence proves intent or causation.
Illustration 3 – Handwriting Analysis
In a fraud case, handwriting experts are called to verify signatures on documents.
Court considers expert opinion but is not bound to accept it if other evidence contradicts it.
Legal Principles
Admissibility
Expert opinion is admissible under Section 218.
However, it is advisory, not conclusive.
Reliability
Experts must base their opinion on relevant data, observation, or analysis.
Ultimate Fact-Finding
Judges remain responsible for evaluating the weight of expert evidence alongside other evidence.
Practical Implications
For Courts: Enables handling of complex scientific, technical, or professional issues.
For Legal Practitioners: Expert witnesses are crucial in proving technical elements of the case.
For Justice System: Balances expert guidance with judicial discretion.
Key Takeaways
Section 218 allows the use of expert evidence in court.
Experts provide opinion based on specialized knowledge, not facts.
Court evaluates expert evidence and decides the facts independently.
Expert evidence is especially useful in medicine, science, art, and skilled practices.
Ensures accuracy in judgment while preserving judicial authority.
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