Section 46 Indian Evidence Act 1872
Section 46 of the Indian Evidence Act 1872 is about ‘Facts bearing upon opinions of experts’. It is under ‘OPINIONS OF THIRD PERSONS WHEN RELEVANT’ of Chapter II of the Act. Chapter II is titled ‘OF THE RELEVANCY OF FACTS‘.
Facts bearing upon opinions of experts
Facts, not otherwise relevant, are relevant if they support or are inconsistent with the opinions of experts, when such opinions are relevant.
Illustrations
(a) The question is, whether A was poisoned by a certain poison.
The fact that other persons, who were poisoned by that poison, exhibited certain symptoms which experts affirm or deny to be the symptoms of that poison, is relevant.
(b) 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.
See also:
Section 45A Indian Evidence Act 1872 (Opinion of Examiner of Electronic Evidence)