A COMPARATIVE STUDY ON EXPERT OPINION UNDER EVIDENCE LAWS : INDIA AND DEVELOPED COUNTRY
AUTHOR – SHUBHAM KUMAR* & DR. DEO NARAYAN SINGH**
* LL.M.( 2025 – 2026), CENTRAL UNIVERSITY OF SOUTH BIHAR, GAYA JI
** ASSISTANT PROFESSOR, SCHOOL OF LAW AND GOVERNANCE, CENTRAL UNIVERSITY OF SOUTH BIHAR, GAYA JI.
BEST CITATION – SHUBHAM KUMAR & DR. DEO NARAYAN SINGH, A COMPARATIVE STUDY ON EXPERT OPINION UNDER EVIDENCE LAWS : INDIA AND DEVELOPED COUNTRY, INDIAN JOURNAL OF LEGAL REVIEW(IJLR), 6 (4) OF 2026, PG. 694-705, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I467
Abstract
The expert opinion evidence is vital in making a decision in the courts when the dispute cannot be solved without scientific, technical or specialized knowledge that an ordinary judge cannot possess. In India, expert evidence is admissible and used under the Bharatiya Sakshya Adhiniyam, 2023, especially, Sections 39 to 45, which accepts expert opinion as evidence but does not hold it as conclusive. In India, courts have always argued that expert testimony is only advisory and should be looked upon critically and supported with other evidence to make it reliable and fair.
This paper reviews the Indian legal system on expert opinion evidence and provides a comparative perspective with the situation in the United States, the United Kingdom, Canada, Australia, and the European Union. The paper sheds light on the major variations in admissibility requirements, judicial gatekeeping functions, expert neutrality, and accreditation processes that it has identified through a review of statutory and leading judicial cases. Whereas other jurisdictions like the United States and Canada have structured admissibility tests based on scientific reliability and relevancy, the Indian system does not have a uniform standard, formal accreditation of experts, and no real protection against partisanism.
Keywords: Evidence Laws, Expert opinion, The Bharatiya Sakshya Adhiniyam, 2023, International stander, gatekeeping, scientific innovation.