"A" is found dead in mysterious circumstances. The question is whether

“A” is found dead in mysterious circumstances. The question is whether the death of “A” was caused by poison or not. Relatives are claiming that the death is natural. Whose opinion would be relevant as per Section 45 of the Indian Evidence Act, 1872 ?

[amp_mcq option1=”Opinion of family members” option2=”Opinion of friends” option3=”Opinion of advocates” option4=”Opinion of experts” correct=”option4″]

This question was previously asked in

UPSC CISF-AC-EXE – 2021

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Section 45 of the Indian Evidence Act, 1872 deals with the opinions of experts. When the cause of death involves scientific analysis, such as determining if poison was the cause, the opinion of persons specially skilled in that science (e.g., forensic doctors, toxicologists) is considered a relevant fact by the court.

Expert opinion under Section 45 is relevant for scientific matters like determining the cause of death by poison.

Opinions of laypersons, including family members or friends, or professionals not specialized in the relevant scientific field (like advocates), are not admissible as expert opinions under Section 45 regarding the medical cause of death.

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