Letter of Transmittal

18 december,2015

To

Nur Muhammad Azami

Assistant Professor

Department of Law

ASA University Bangladesh

Sub: Submission of the Research Paper on “Experts Opinion in Criminal Cases:

To What Extent Justice is Ensured”.

Sir,

I do hereby please to submit the research paper on “Expert Opinion in Criminal Case:To What

Extent Justice is Ensured”. It was a great pleasure to work on such an important topic. This

research paper was done according to the requirements of the ASA University Bangladesh. This

study give me an opportunity to have a clear conception about values of the Experts Opinion in

Criminal and also Civil matter in our country. The Research Paper program helped me

enormously to understand the implication of practical knowledge in the theoretical field.

I believe that this report will certainly help you in evaluating my thesis. I would be very happy to

provide any assistance in interpreting any part of the research paper whenever necessary.

Yours Sincerely,

Md. Ferdous Hasan

ID:15-1-23-0012

Batch:20th

LLM Program

ASA University Bangladesh

Acceptance of the Report

This report named “Expert Opinion in Criminal Case: To What Extent Justice is Ensured” is

prepared using the relavent documents related to the research topic written by Md. Ferdous

Hasan, ID No:15-1-23-0012,Student of Law, ASA University Bangladesh.

It is

…………………………….

Nur Muhammad Azami

Assistant Professor

Department of Law

ASA University Bangladesh

Certification

This is to certify that research paper on “Expert Opinion in Criminal Case: To What Extent

Justice is Ensured” is the confide record of the research done by Md. Ferdous Hasan for partial

fulfillment of the Degree Masters of Laws from the ASA University Bangladesh.

I do hereby certify that research paper has been carried out under my direct supervision and

guidance.

…………………………

Nur Muhammad AzamiAssistant ProfessorDepartment of LawASA University Bangladesh

Acknowledgement

I am grateful to Nur Muhammad Azami, honorable Co-ordinator of our Law Department, for

permitting me to undertake this research paper. I wish to express my deepest gratitude to him for

his guidance and discussion that gave me the stimuli and freedom to develop the topic of this

field. I owe a lot to him for his warm and supportive nature, as well as the concern for both of

my professional and personal well-being.

Yours Faithfully

Md. Ferdous Hasan

ID:15-1-23-0012

Batch:20th

LLM Program

ASA University Bangladesh.

Declaration

I am Md. Ferdous Hasan, student Department of Law, ASA University Bangladesh do hereby

solemnly declare that this research paper is prepared for fulfillment of the course and does not

breach of the Copy Right Act 2000. If any things found later contrary top any provision of the

said Act, the competent authority of University may take any reasonable action against me as per

the provisions of concerned Laws and ASA University Bangladesh’s rules and regulations.

Md. Ferdous Hasan

ID:15-1-23-0012

Batch:20th

LLM Program

ASA University Bangladesh

Objectives of the Research Paper

I have discussed about the value and consequence of the opinion of third person. Third person

may classified into two types of my eyes, such general person and another is expert person. How

can expert person’s opinion play a role in criminal case, not only Criminal cases they have also a

acceptability in Civil matter. Sometimes a matter will be avoided by the court due to lackness of

adequate knowledge but then the expert person will give an opinion to solve this problem. We

can say, expert person is the friend of the court.

Methodology of the Research Paper

I have tried to use data of that Research Paper from different sources I want to to highlight of the some provision of Evidence Act and also the Code of Criminal Procedure Act, and some information collect from book, magazine, news paper, article and journal and also help by the internet.

Table of Contents

Letter of Transmittal

Acceptance of the Research Paper

Certification

Acknowledgement

Declaration

Objectives of the Research Paper

Methodology of the Research Paper

Introduction

Chapter 1

1.1 Who is expert

1.2 What is experts opinion

1.3 Why experts opinion is necessary in criminal case

1.4 Where expert testimony is admissible

1.5 Criminal Justice system of Bangladesh

1.5.1 Police

1.5.2 Court

1.5.3 Correction

Chapter 2

2.1 Fingerprint and handwriting experts opinion

2.2 Forensic use of DNA information in justice

2.3 Autopsy report

2.4 CID report

2.5 Medical opinion

2.6 Ballistics expert opinion

Chapter 3

3.1 Can an Expert suo moto examine and furnish his opinion?

3.2 Investigating officer and expert opinion

3.3 Procedure of forwarding exhibits to experts

Chapter 4

4.1 Provision of the Evidence Act

4.1.1 Foreign law

4.1.2 Science or Arts

4.2 Provision of Criminal Procedure Code

4.2.1 Deposition of medical witness

4.2.2 Report of post-mortem examination

4.2.3 Report of Chemical Examiner, serologist, etc

Chapter 5

5.1 Amicus Curiae 

5.2 Duty of the expert

5.3 Value of expert opinion

Conclusion

Bibliography

Appendix.

Introduction

Expert must be a third person in a dispute settlement process. The qualifications of an

expert witness must be carefully scrutinized by courts to guard against charlatans who may give 

erroneous testimony without a sound foundation The judge or mediator, arbitrator does not know

the real fact of dispute, before the settlement of dispute mediator or arbitrator may called the

third person who is expert to say something about the circumstances, what will be happen if do

this and the expert person’s opinion has a value to solve the dispute.

Expert witnesses are persons who are qualified, either by actual experience or by careful study,

to form definite opinions with respect to adivision of science, a branch of art, or a department of 

trade. 

CHAPTER-1

1.1 Who is Expert:

A person who is a specialist in a subject, often technical, who may present his/her expert opinion

without having been a witness to anyoccurrence relating to the lawsuit or  criminal case. It is an

exception to the rule against giving an opinion, provided that the expert isqualified by evidence 

of his/her expertise, trainingand special knowledge. If the expertise   

challenged, the attorney for the party calling the"expert" must make  showing  the necessary bac

kground through questions in court, and the trial judge has discretion to qualify thewitness or rul

e he/she is not an expert, or is an expert on limited subjects. Experts are usually paid handsomely 

for their services and may beasked by the

opposition the amount they are receiving for their work on the case. In 

most jurisdictions, both sids must exchange the namesand addresses of proposed experts to allow 

pre-trial depositions.

A person who has acquired knowledge and skills through study and practice over the years, in a

particular field or subject, to the extent that his or her opinion may be helpful in fact

finding, problem solving, or understanding of a situation. A person whose level of specialized

knowledge or skill in a particular field qualifies them to present their opinion about the facts of a

case during legal proceedings.

Generally speaking, the law of evidence in both civil and criminal cases confines the testimony 

of witnesses to statements of concrete factswithin their own observation, knowledge, and 

recollection. Testimony must normally state facts perceived by the witnesses' use of their own

senses, as distinguished from their opinions, inferences, impressions, and conclusions drawn 

from the facts. Opinion testimony that is basedon facts is usually considered incompetent and 

inadmissible, if the factfinders are as well qualified as the witness to draw conclusions fromthe 

facts.

What is expert opinion:

In general sense, when an expert give an opinion on a particular matter then, this opinion we can

called expert opinion but in wider sense, before the gating expert pronoun a person must have

the sufficient knowledge about the specific matter. When any question arises on a particular

matter, sometimes there need a person which opinion is reasonable and also valuable, and has an

important impact upon the natter, then if that person say something about the matter by his own

knowledge then this speech will be the opinion of expert. Opinion of expert must on the

reasonable ground and as well as near the main fact.

Why expert opinion is necessary in criminal case

In certain instances, however, the law allows witnesses to provide opinion evidence, and such evi

dence is divided into two classes, lay opinionand expert opinion. A lay witness may give his or h

er opinion when that opinion is 

• rationally based on the perception of the witness;

• helpful to a clear understanding of the witness' testimony or the determination of a fact in 

issue; and  

• not based on scientific, technical, orother specialized knowledge within the scope of expe

rt testimony discussed below. Thus, lay witnesses who have had an opportunity toobserve 

a particular vehicle in motion are normally permitted to testify that it was traveling at are

at rate of speed or was going pretty fast. Lay witnesses are also normally allowed to give 

their opinion as to the height, weight, quantity, and dimensions of things, even if their

 testimony isnot precise. By definition, a lay witness is any witness who is not qualified 

to 

testify as an expert on a particular subject.

Expert witnesses are persons who are qualified, either by actual experience or by careful study, 

to form definite opinions with respect to adivision of science, a branch of art, or a department of

 trade. The law deems persons having no such experience or training to be incapable offorming 

accurate opinions or drawing correct conclusions. 

Courts do not apply a rigid rule in determining whether a particular witness is qualified to testify 

as an expert. Instead, an expert's qualifications are normally evaluated on a witness-by-

witness basis, according to the facts and issues of each case. Several courts have stated that the 

true criterion in determining the qualification of expert witnesses is not whether they employ thei

r knowledge and skillprofessionally or commercially, but whether the jury can receive appreciabl

e help from them on the particular subject in issue. Many courtsalso require the witness to exhibi

t sufficient knowledge of the subject matter before his or her opinion to go to the jury.

The qualifications of an expert witness must be carefully scrutinized by courts to guard against 

charlatans who may give erroneous testimonywithout a sound foundation. Most courts will more 

closely scrutinize the qualifications of witnesses seeking to testify as experts if they havenever be

en found qualified to give expert testimony on a prior occasion. However, primary reliance is not 

placed on the fact that it may be theexpert's first time on the witness stand. Conversely, the fact

 that a witness has been previously qualified to give expert testimony on thesubject matter in 

question is typically irrelevant to his or her qualifications for giving such testimony in a 

subsequent case.

Where Expert  Testimony  is Admissible

There are two general classes of matters as to which expert testimony is admissible: 

(1) matters as to which the conclusions to be drawn bythe jury depend on the existence of facts 

that are not common knowledge and that are specifically within the knowledge of persons whose

experience or study enables them to testify with authority on the subjects in question; and 

(2) matters as to which the conclusions to bedrawn from the facts stated, as well as knowledge of 

the facts themselves, depend on professional or scientific knowledge not within the range of 

ordinary training or intelligence. In the first class, the facts are stated by the experts, and the 

conclusion is drawn by the jury. In the secondclass, the expert sets forth the facts and states a 

conclusion in the form of an opinion  which may be accepted or rejected by the jury.

Accident reconstruction experts typically give testimony that falls into the first class of expert 

testimony. Such experts may testify as to thespeed at vehicles were traveling, the distance before 

impact at which each driver began applying the breaks, and what, if any, accident-avoidance prec

autions each driver took. But accident reconstruction experts are not allowed to 

give their opinion as to which driver wasresponsible for the accident or testify as to the standard 

of care required to be exercised by the drivers. Both types of questions are ultimateissues that 

only a jury can determine. By contrast, in MedicalMalpractice

cases physicians may provide the jury with testimony regardingthe underlying facts of the legal 

dispute and may aid the jury by describing the standard of care for diagnosis and treatment.

The general rule excluding opinion evidence concerning matters of common knowledge  or 

experience, while clear as a matter of principle, isfrequently difficult to apply. As a result, courts 

are given wide latitude in determining whether the opinions of an expert or lay witness areadmiss

ible, and appellate courts will not interfere with a lower court's ruling unless in making that 

ruling the trial court manifestly abused itsdiscretion to the prejudice of the complaining party.

Criminal Justice system of Bangladesh

Criminal Justice System refers to judicial process or procedure of adjudicating criminal issues

of which depends on vast knowledge in the Criminal matter and its practice. Easily it may be

said Criminal Justice in concerned with the punishment of the wrong other than civil wrong

which in Criminal Proceeding is know as crime.

The main objective of the Criminal Proceeding is to punish wrongdoer. Criminal Justice

brought only for rendering punishment of the accused for the allegation alleged against him

subject to the proof that the offence or crime has been committed by him or not.

Criminal justice system usually consists of three main parts:

(1) Law enforcement ( police )

(2) Adjudication (courts ), and

(3) Corrections ( jails, prisons, probation and parole ). In a criminal justice system, these distinct

agencies operate together both under the rule of law and as the principal means of maintaining

the rule of law within society.

Courts

The courts serve as the venue where disputes are then settled and justice is administered. With regard to criminal justice, there are a number of critical people in any court setting. These critical people are referred to as the courtroom work group and include both professional and non-professional individuals. These include the judge, prosecutor, and the defense attorney. The judge, or magistrate, is a person, elected or appointed, who is knowledgeable in the law, and whose function is to objectively administer the legal proceedings and offer a final decision to dispose of a case.In the U.S. and in a growing number of nations, guilt or innocence (although in the U.S. juries can never find a defendant "innocent" but rather "not guilty") is decided through the adversarial system. In this system, two parties will both offer their version of events and argue their case before the court (sometimes before a judge or panel of judges, sometimes before a jury). The case should be decided in favor of the party who offers the most sound and compelling arguments based on the law as applied to the facts of the case.The prosecutor, or district attorney, is a lawyer who brings charges against a person, persons or corporate entity. It is the prosecutor's duty to explain to the court what crime was committed and to detail what evidence has been found which incriminates the accused. The prosecutor should

not be confused with a plaintiff or plaintiff's counsel. Although both serve the function of bringing a complaint before the court, the prosecutor is a servant of the state who makes accusations on behalf of the state in criminal proceedings, while the plaintiff is the complaining party in civil proceedings.A defense attorney counsels the accused on the legal process, likely outcomes for the accused and suggests. The accused, not the lawyer, has the right to make final decisions regarding a number of fundamental points, including testifying, and to accept a plea offer or demand a jury trial in appropriate cases. It is the defense attorney's duty to represent the interests of the client, raise procedural and evidentiary issues, and hold the prosecution to its burden of proving guilt beyond a reasonable doubt. Defense counsel may challenge evidence presented by the prosecution or present exculpatory evidence and argue on behalf of their client. At trial, the defense attorney may attempt to offer a rebuttal to the prosecutor's accusations.In the U.S, and some cases in our justice system too an accused person is entitled to a government-paid defense attorney if he or she is in jeopardy of losing his or her life and/or liberty. Those who cannot afford a private attorney may be provided one by the state. Historically, however, the right to a defense attorney has not always been universal. For example, in Tudor England criminals accused of treason were not permitted to offer arguments in their defense. In many jurisdictions, there is no right to an appointed attorney, if the accused is not in jeopardy of losing his or her liberty.A third party, who is supposed to be disinterested, typically makes the final determination of guilt or innocence. A judge, a panel of judges, may perform this function or a jury panel composed of unbiased citizens. This process varies depending on the laws of the specific jurisdiction. In some places the panel (be it judges or a jury) is required to issue a unanimous decision, while in others only a majority vote is required. In America, this process depends on the state, level of court, and even agreements between the prosecuting and defending parties. Other nations do not use juries at all, or rely on theological or military authorities to issue verdicts.Some cases can be disposed of without the need for a trial. In fact, the vast majority are. If the accused confesses his or her guilt, a shorter process may be employed and a judgment may be rendered more quickly. Some nations, such as America, allow plea-bargaining in which the accused pleads guilty or not guilty, and may accept a diversion program or reduced punishment, where the prosecution’s case is weak or in exchange for the cooperation of the accused against other people. This reduced sentence is sometimes a reward for sparing the state the expense of a formal trial. Many nations do not permit the use of plea bargaining, believing that it coerces innocent people to plead guilty in an attempt to avoid a harsh punishment.The entire trial process, whatever the country, is fraught with problems and subject to criticism. Bias and discrimination form an ever-present threat to an objective decision. Any prejudice on the part of the lawyers, the judge, or jury members threatens to destroy the court's credibility. Some people argue that the often-Byzantine rules governing courtroom conduct and processes restrict a nonprofessional’s ability to participate, essentially reducing the legal process to a battle between the lawyers. In this case, the criticism is that the decisions is based less on sound justice

and more on the lawyer's eloquence and charisma. This is a particular problem when the lawyer performs in substandard manner. The jury process is another area of frequent criticism, as there are few mechanisms to guard against poor judgment or incompetence on the part of the layman jurors.Manipulations of the court system by defense and prosecution attorneys, law enforcement as well as the defendants have occurred and there have been cases where justice was denied.

Police

The first contact an offender has with the criminal justice system is usually with the police (or law enforcement), who investigate a suspected wrongdoing and make an arrest. When warranted, law enforcement agencies or police officers are empowered to use force and other forms of legal coercion and means to effect public and social order. The term is most commonly associated with police departments of a state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. The first police force comparable to the present day police established in 1667 under King Louis XIV in France, although modern police usually trace their origins to the 1800 establishment of the Marine Police in London, the Glasgow Police, and the Napoleonic police of Paris.

Police are primarily concerned with keeping the peace and enforcing criminal law based on their particular mission and jurisdiction. Formed in 1908 the Federal Bureau of Investigation began as an entity which could investigate and enforce specific federal laws as an investigative and "law enforcement agency" in the United States; this, however, has constituted only a small portion of overall policing activity. Policing has included an array of activities in different contexts, but the predominant ones are concerned with order maintenance and the provision of services. In our country Police has been working under British enacted provisions of The Police Act,1861 and The Police Regulations of Bengal (PRB),1943

Corrections

Offenders are then turned forward to the correctional authorities, from the court system after the accused has been found guilty. Like all other aspects of criminal justice, the administration of punishment has taken many different forms throughout history. Early on, when civilizations lacked the resources necessary to construct and maintain prisons, exile and execution were the primary forms of punishment. Historically shame punishments and exile have also been used as forms of censure.The most publicly visible form of punishment in the modern era is the prison. Prisons may serve

as detention centers for prisoners after trial. For containment of the accused, jails are used. Early prisons were used primarily to sequester criminals and little though was given to living conditions within their walls. In America, the Quaker movement is commonly credited with establishing the idea that prisons should be used to reform criminals. This can also be seen as a critical moment in the debate regarding the purpose of punishment. 

CHAPTER-2

Fingerprint and Handwriting expert opinion:

Fingerprint Identification is the method of identification using the impressions made by the

minute ridge formations or patterns found on the fingertips. Fingerprints plays a importance role

for identifying the criminal. Its depends upon the impression of the finger not only finger full

hand surface. They are so important to criminal cases that justice officers still use fingerprint

systems over a hundred years after scientists developed them. In some instances, criminalists

may use fingerprints not only to identify criminals, but also to identify their victims and missing

persons.

In narrow sense, a fingerprint is an impression left by the friction of the ridges of a human finger.

And wider sense fingerprint are the traces of an impression from the friction of ridges any part of

a human or other primate hand. A print from the foot can also leave an impression friction of

ridges. A friction ridges is a raised portion of epidermis on the digits the palm of the hand or the

sole of foot, consisting of one or more connected ridge unit of friction ridge skin. 1

Police officers, crime scene investigators and others in the justice system rely on forensic science

techniques to ensure that the right people are punished for law violations and to keep people safe.

Fingerprints are starting players in the criminal offense and defense lineup. Fingerprint are the

marks left behind when someone touches an object with their finger. there are three types of

fingerprint that can be left behind

1.An impression left in something soft(such as butter, putty, soap or wet paint)

2.A print by a finger that is covered in something that is left behind such as dirt, blood, paint or

link.

3.An invisible deposit left by secretions from the skin. Everyone`s fingers have small amounts of

oil and perspiration which come out of microscopic pores on the tiny ridges of the fingerprints.

These secretions also come out different parts of the body too.

1.peer reviewed glossary of the scientific working group on friction ridge analysis study and

technology(retrieved 14-09-2012)

In some instances, criminalists may use fingerprints not only to identify criminals, but also to

identify their victims and missing persons1.

Forensic use of DNA information in justice

The extensive scrutiny that has been placed on DNA evidence over the years is due not only to

the relative newness of the technique in the judicial system, but also to the sheer power of DNA

to discriminate between individuals and hence to convict or exonerate.

In recent years, legislative issues have become the focus, stemming from the increased use of

DNA data banking and the movement to allow post-conviction DNA testing.DNA profiling was

originally developed as a method of determining paternity, in which samples taken under clinical

conditions were examined for genetic evidence that could link parent to child. It first made its

way into the courts in 1986, when police in England asked molecular biologist Alec Jeffreys,

who had begun investigating the use of DNA for forensics, to use DNA to verify the confession

of a 17 year-old boy in two rape-murders in the English Midlands. The tests proved the teenager

was in fact not the perpetrator and the actual attacker was eventually caught, also using DNA

testing.

The first DNA-based conviction in the United States occurred shortly after in 1987 when the

Circuit Court in Orange County, Florida, convicted Tommy Lee Andrews of rape after DNA

tests matched his DNA from a blood sample with that of semen traces found in a rape victim.1

The first state high court to rule in favor of admitting DNA evidence came two years later in

West Virginia.2

 State v. Woodall 385 S.E.2d 253 (W. Va. 1989) 

Autopsy

An autopsy (also known as a post-mortem examination or necropsy) is the examination of the

body of a dead person and is performed primarily to determine the cause of death, to identify or

characterize the extent of disease states that the person may have had, or to determine whether a

particular medical or surgical treatment has been effective. Autopsies are performed by

pathologists, medical doctors who have received specialty training in the diagnosis of diseases by

the examination of body fluids and tissues. In academic institutions, autopsies sometimes are

also requested for teaching and research purposes. Forensic autopsies have legal implications and

are performed to determine if death was an accident, homicide, suicide, or a natural event. The

word autopsy is derived from the Greek word autopsia: "to see with one's own eyes."

A medical examiner can order an autopsy without the consent of the next-of-kin. Deaths that are

investigated by the medical examiner or coroner include all suspicious deaths, and, depending

upon the jurisdiction, may include deaths of persons not being treated by a physician for a known

medical condition, deaths of those who have been under medical care for less than 24 hours, or

deaths that occurred during operations or other medical procedures.

Criminal Investigation Department

The Criminal Investigation Department (CID) is a specialized wing of the Bangladesh Police. It

carries out investigations into crimes, including terrorism, murders and organized crime. It also

gives forensic support. It is headquartered in Malibagh, Dhaka and maintains a training school

named the Detective Training School. Personnel attached to this wing essentially work in plain

clothes.Criminal Investigation Department (CID) is one of the ancient and specialized units of

Bangladesh Police. It is the apex body of investigation of Bangladesh Police as well as

Bangladesh government. Investigation of scheduled cases suggested by laws and cases instructed

from courts is the basic function of CID. CID also undertakes the investigation of specialized

crimes that require technical expertise. Apart from investigation there are some special functions

too, through which CID assists other organs of the Bangladesh government through providing

expert opinion in various cases.

Medical Opinion

The value of Medical evidence is only corroborative. A doctor acquires special knowledge of

medicine and surgery and as such he is an expert. Opinions of a medical officer, physician or

surgeon may be admitted in evidence to show--

a)      Physical condition of the a person,

b)      Age of a person

c)      Cause of death of a person

d)     Nature and effect of the disease or injuries on body or mind

e)      Manner or instrument by which such injuries was caused

f)       Time at which the injury or wounds have been caused.

g)      Cause, symptoms and peculiarities of the disease and whether it is likely to cause death

i)        Probable future consequences of an injury etc.

When there is a conflict between the medical evidence and ocular evidence, oral evidence of an

eye witness has to get primacy as medical evidence is basically opinionative. Where the direct

evidence is not supported by the expert evidence, the evidence is wanting in the most material

part of the prosecution case and therefore, it would be difficult to convict the accused on the

basis of such evidence. If the evidence of the prosecution witnesses is totally inconsistent with

medical evidence, it is the most fundamental defect in the prosecution case and unless this

inconsistency is reasonably explained, it is sufficient to discredit the evidence as well as the

entire case.1

 

Where the opinion of one medical witness is contradicted by another and both experts are

equally competent to form an opinion, the court will accept the opinion of that expert which

supports the direct evidence in the case.2

1. Mani Ram v. State of U.P. 1994 Supp (2) SCC 289,292; 1994 SCC (Cri) 1242

2. Piara Singh v. State of Punjab AIR 1977 SC 2274

Ballistics expert opinion

A ballistic expert may trace a bullet or cartridge to a particular weapon from which it was

discharged. Forensic ballistics may also furnish opinion about the distance from which a shot

was fired and the time when the weapon was last used.

Chapter 3

Can an Expert suo moto examine and furnish his opinion?

No, an expert can’t initiate examination or analysis and furnish his opinion unless the

Investigating Officer has sought his opinion in compliance with the formal procedure. An expert

can’t do anything suo moto in regard to analysis or examination and formation of his opinion.

Investigating officer and expert opinion:-

The investigation officer should seek opinion from experts or specially skilled person to form his

own opinion whether the materials collected during the course of investigation is actually

establishes the link between the crime, the victim and the criminals. The investigating officer

shall seek the assistance of an expert whenever he feels necessary for establishing any fact

related to the fact in issue.

 

Procedure of forwarding exhibits to experts:-

When forwarding the exhibits to the experts certain procedure and formalities must be followed

by the I.O. to dispatch packed exhibits or physical evidence to experts. It ensures identity and

continuity and above all question of integrity of such exhibits. The I.O. shall follow the

following procedure for forwarding the exhibits to the experts:-

 

1)      Exhibits are sent to experts through the concerned court. A forwarding report shall be

prepared by the I.O. in the prescribed format where available.

 

2)      A certificate from the competent authority concern (C.M.M./C.J.M./A.C.J.M. as the case

may be) has to be received in the line that “Certified that the Director, Forensic Science

Laboratory, has the authority to examine the exhibits sent to him in connection with the case of

State vs. …………..(name of the accused) U/s-………(provision of I.P.C. or any other law) and

if necessary, to make them to pieces or remove portions for the purpose of the said examination.”

 

3)      The same seal (wax) shall be used by the I.O. on the forwarding report as affixed on the

forwarding exhibits.

4)      The specimen seal shall be on sealing wax and not in the ink.

5)      A copy of label (carbon copy) of each exhibit shall accompany the report.

6)      The forwarding report shall be prepared in quadruplicate (two for expert, one for case diary

and one for the court’s record) and shall be sent to the expert separately in a sealed cover.

7)      The exhibit should always be sent to the expert through police messenger.

8)    The IO. should make specific question that may establish the links between crime, victim

and criminals. The questions should be formulated with some objectivity towards establishing

such links between one another.

From the above analysis it may be submitted that evidence of an expert is not a substantive piece

of evidence. The courts do not consider it conclusive. Without independent and reliable

corroboration it may have no value in the eye of law. Once the court accepts an opinion of an

expert, it ceases to be the opinion of the expert and becomes the opinion of the court.

Chapter 4

Provision of the Evidence Act

Experts Opinion: 45

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 persons are called experts.

Illustrations

(a) The question is, whether the death of A was caused by poison.

The opinion of experts as to the symptoms produced by the poison by which A is supposed to

have died, are relevant.

(b) The questions is, whether A, at the time of doing a certain act, was, by reason of unsoundness

of mind, incapable of knowing the nature of the act, or that he was doing what was either wrong

of contrary to law.

The opinions of experts upon the question whether the symptoms exhibited by A commonly

show unsoundness of mind, and whether such unsoundness of mind usually renders persons

incapable of knowing the nature of the acts which they do, or of knowing that what they do is

either wrong or contrary to law, are relevant.

(c) The question is whether a certain document was written by A. Another document is produced

which is proved or admitted to have been written by A.

The opinions of experts on the question whether the two documents were written by the same

person or by different persons, are relevant.

Foreign law:- 

Foreign law can be proved –

a)      by the evidence of a person specially skilled in it and

b)      by direct reference to the books printed or published under the authority of the foreign

 Science or art:-

The Science or art includes all subjects on which a course of special study or experience is

necessary to the formation of an opinion. “Science” or “art” is not limited to higher science or

fine art, but it has its original sense of handicraft, trade, profession and skill in work which has

been carried beyond the sphere of the common pursuits of life into that of the artistic and

scientific action.

Provision of the Criminal Procedure Code 

Deposition of medical witness:509

The deposition of a Civil Surgeon or other medical witness, taken and attested by a

Magistrate in the presence of the accused, or taken on commission under Chapter

XL, may be given in evidence in any inquiry, trial or other proceeding under this

Code, although the deponent is not called as a witness.

Report of post-mortem examination:  509A

Where in any inquiry, trial or other proceeding under this Code the report of a post-mortem

examination is required to be used as evidence, and the Civil Surgeon or other medical officer

who made the report is dead or is incapable of giving evidence or is beyond the limits of

Bangladesh and his attendance cannot be procured without an amount of delay, expense or

inconvenience which, under the circumstances of the case, would be unreasonable, such report

may be used as evidence.

Report of Chemical Examiner, serologist, etc: 510.

Any document purporting to be a report under the hand of any Chemical Examiner or Assistant

Chemical Examiner to Government or any serologist, handwriting expert, finger print expert or

fire-arm expert appointed by the Government, upon any matter or thing duly submitted to him

for examination or analysis and report in the course of any proceeding under this Code, may,

without calling him as a witness, be used as evidence in any inquiry, trial or other proceeding

under this Code.

Chapter 5

Amicus Curiae 

An amicus curiae (literally, friend of the court; plural, amici curiae) is someone who is not

a party to a case and offers information that bears on the case, but who has not been solicited by

any of the parties to assist a court. This may take the form of legal opinion, testimony or learned

treatise (the amicus brief) and is a way to introduce concerns ensuring that the possibly broad

legal effects of a court decision will not depend solely on the parties directly involved in the

case. The decision on whether to admit the information lies at the discretion of the court.  

The amicus curiae figure originates in Roman law.[1] Starting in the 9th century,[citation needed] it was

incorporated into English law, and it was later extended to most common law systems. Later, it

was introduced in international law, in particular concerning human rights. From there, it was

integrated in some civil law systems (it has recently been integrated into Argentina's law system

and Honduras's 2010 civil procedures code). Today, it is used by the European Court of Human

Rights, the Inter-American Commission on Human Rights, the Inter-American Court of Human

Rights, the Court of Justice of the European Union and the Special Tribunal for Lebanon

Duty of the Experts

a) An expert is not a witness of fact.

b)His evidence is of advisory character.

c) An expert deposes and does not decide.

d) An expert witness is to furnish the judge necessary scientific criteria for testing the accuracy

of the conclusion so as to enable the judge to form his independent judgment by application of

the criteria to the facts proved by the evidence.

Judith Anne Scourfield Mc Lauchlan ( 2005 ). "Congressional Participation As Amicus Curiae

Before the U.S. Supreme Court". LFB Scholarly Publishing. p. 266

Value of experts opinion

The Expert evidence has two aspects ---

a) Data evidence  [it can’t be rejected if it is inconsistent to oral evidence]

 

b) Opinion evidence  [it is only an inference drawn from the data and it would not get precedence

over the direct eye-witness testimony unless the inconsistency between the two is so great as to

falsify the oral evidence] 1

Expert evidence is opinion evidence and it can’t take the place of substantive evidence. It is a

rule of procedure that expert evidence must be corroborated either by clear direct evidence or by

circumstantial evidence.

It is not safe to rely upon this type of evidence without seeking independent and reliable

corroboration

Arshad v. State of A.P. 1996 CrLJ 2893 (para34) (AP)

Conclusion

Finally we can say, third person as an expert has a value to solve the problem. Literally

A person who has acquired knowledge and skills through study and practice over the years, in a

particular field or subject, to the extent that his or her opinion may be helpful in fact

finding, problem solving, or understanding of a situation. a person whose level of specialized

knowledge or skill in a particular field qualifies them to present their opinion about the facts of a

case during legal proceedings.

Bibliography

1. Huq Md Zahirul, The Evidence Act ( 2012 ), Banladesh Law Book Company,Dhaka-

1100.

2. Shahid Shahidul Islam,The Code of Criminal Procedure ( 2013 ), Mahanagar Law Book

Centre, Dhaka-1205.

3. Judith Anne Scourfield McLauchlan ( 2005 ). "Congressional Participation As Amicus

Curiae Before the U.S. Supreme Court". LFB Scholarly Publishing.

4. Hoque SM Shyful,Components of Criminal Justice System ( Annual Journal ) Daffodil

International University, ( 31 july 2012 )

5. https://en.wikipedia.org/wiki/Criminal_Investigation_Department_(Bangladesh)