Critiquing Expert Witness Practices India: Legal Challenges And Debates

Narri Aashritha, BA. LL.B. (Hons.), Symbiosis Law School, Pune

ABSTRACT

The adoption of expert witnesses in legal proceedings, particularly within the Indian setting, is becoming significant due to the rising number of courts encountering complex issues. An expert witness is an individual with significant expertise in a certain field, whose insights are beneficial for deliberation in specific matters; nonetheless, their contributions are merely advisory and do not obligate the court. The Adhiniyam on Bharatiya Sakshya, 2023, specifically includes clauses 39 to 50 pertaining to the regulations surrounding the evidence and presentation of expert witnesses in Indian courts. This research article analyses specific provisions of the Indian testimony Act pertaining to expert witnesses, providing a comprehensive overview of the evolution of changes and judicial precedents related to expert testimony throughout the justice delivery system. The paper examines case law, focussing on the evolving patterns and issues associated with the admission of expert opinion in legal discourse and the utilisation of such evidence. This article provides pragmatic solutions for addressing the challenges associated with expert witnesses, ensuring that expert testimony aids the court's decision-making process without undermining judicial procedural rules.