Section 45 Evidence Act
Legal_Query
(Querist) 16 June 2008
This query is : Resolved
Sir,
Can an application u/s 45 evidence act can be filed at the stage of evidence.
Pls provide relevant citations of the courts.
Case is for cross examination of PW.
the accused wants to call for H.W.Expert for his signature
Rgds,
amit gupta_lawyer
(Expert) 16 June 2008
yes it can but its a discrition of the court to allow such application.
45. Opinions of experts - When the Court has to form an opinion upon a point of foreign law, or of science, or art, or as to identity of hand writing or finger-impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions, are relevant facts. Such person called experts.
arunprakaash.m.
(Expert) 16 June 2008
You can amend your pleadings with the leave of the court
deepak kumar
(Expert) 16 June 2008
you have not stated about the stage of the case, whether it is at the stage of evidence for prosecution or defence and who wants to call the expert as a witness and for what purpose. The petition u/s 45 Evidence Act can be filed and in any case if the court thinks it proper it may call the expert as a court witness.
