Admissibility and Appreciation of Expert Evidence with Special Reference to Ballistics

Abstract

The law of evidence is the edifice on which the system of dispensation of justice rests. In fact, the purpose and object of evidence is to guide the Courts to come to a conclusion regarding a case at hand. But, in certain cases, where the questions involved are beyond the range of common experience and knowledge, evidence in form of facts pose problems as the Court may not have sufficient competence to arrive at a conclusion based on those facts. Thus, the need arises for experts who have the required ability and knowledge to tender evidences. Section 45 of the In¬dian Evidence Act 1872 deals with expert evidence. It allows an expert to tender evidence on a particular fact in ques¬tion and to show to the court that his findings are unbiased and scien¬tific. In contemporary times, the reliance on expert evidence has been overwhelming, especially in the area of ballistics. The present article tries to critically analyze the rules of admissibility with regard to expert evidence, in general and ballistics evidence, in particular.