Section – 45A of Evidence Act
 Opinion of Examiner of electronic evidence:

When in a proceeding the court has to form an opinion on any subject matter relating to any information transmitted or stored in any computer resource or any other electronic or digital form, the opinion of the examiner of electronic evidence referred to in Section 79A of IT Act, 2000 is a relevant fact.

Section – 46 of Evidence Act
Facts Bearing Upon Opinions of Experts

Relevancy of Opinion of experts

As per Section 46, the irrelevant facts also become relevant when they go against the relevant opinions of the experts.

Following examples highlight the same:

Illustration: The question is, whether A was poisoned by a certain poison. The fact that other persons, who were poisoned by that person, exhibited certain symptoms which experts affirm or deny to be the symptoms of that poison, is relevant.

Illustration:The question is, whether an obstruction to a harbour is caused by a certain sea-wall. The fact that other harbours similarly situated in other respects, but where there were no such sea-walls, began to be obstructed at about the same time, is relevant.

Section – 48 of Evidence Act
Opinion as to Existence of Right or Custom, When Relevant

Section 48 of the Indian Evidence Act, 1872 speaks about, “Opinion as to existence of right or custom when relevant”. Section 48 says that when the court has to see whether a general custom or right exits or not then the court can take the opinions of people who are likely to know about the existence of such customs or rights. For the purpose of this section general custom means a custom that is applicable to a considerable class of people.

In case of a custom which is related to one family only then the senior member of the family is to be questioned to look for the authenticity of such customs and if it is a custom followed by the entire community then the senior member of the community is to questioned.

Section 48 of the Act, widens the scope of experts. Thus, historians can be referred to, in cases where the relevant fact is pertaining to customs and rituals.

Section – 49 of Evidence Act
Opinion as to usage, tenets, etc., when relevant

Section 49 of the Indian Evidence Act, 1872 speaks about, “Opinion as to usages, tenants, etc. when relevant”. Section 49 speaks about the opinions about the usage tenets etc. when relevant. It says that when the Court has to form an opinion as to

1. The usages and tenets of any body of men or family, or
2. The constitution and government of any religious or charitable foundation, or
3. The meaning of words or terms used in particular districts or by particular classes of people,

then the opinions of persons having special means of knowledge thereon are relevant facts.

Section – 50 of Evidence Act
Opinion on relationship, when relevant

Section 50 of the Indian Evidence Act, 1872 speaks about, “Opinion on relationship when relevant”. This section says that whenever the court has to form an opinion as to the relation between two persons then the opinion of any other person who is having the special means of knowledge regarding that by being a member of the family or by any other means is a relevant fact. However, it is provided that such opinion will not be sufficient in proving a marriage under the Indian Divorce Act, 1869 and also in prosecution under Sections 494, 495, 497 or 498 the Indian Penal Code, 1860.

Bant Singh v. Niranjan Singh, (2008) 4 SCC 75

This case is related to the knowledge about property as family member– When there was a property dispute in a family and the plaintiff contended that the defendant’s mother was actually his sister then an 80 years old witness was produced who was the brother-in-law of the defendant’s mother. He had all the knowledge about family affairs and also attended the marriage of the defendant’s mother. He was supposed to have a special means of knowledge

Section – 51 of Evidence Act
Grounds of opinion, when relevant.

Relevancy of grounds of opinions

Section 51 says that the grounds laid down by any person while forming an opinion is relevant whenever the opinion of that person is considered relevant.

Watch this topic – Section – 45 to 51 of Evidence Act – Opinions of Third Persons When Relevant Part-2 on YouTube