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ADMISSIBILITY AND RELEVANCY OF EXPERT EVIDENCE IN INDIA: A COMPARATIVE STUDY WITH UK AND USA
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1
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2023
Jahr
Abstract
The expert opinion is considered an important part of legal hearings, especially in matters that involve intricate scientific, technical, or specialized knowledge. The admissibility and reliability of expert testimony evidence have impactful effects on both the judge and jury-made decisions, which calls for uniformity of standards in various jurisdictions. In India, the amended Indian Evidence Act lays down the criteria to be used in judging the probative weight of an expert opinion. In the US, the Daubert Standard is used to determine the admissibility of expert testimonies. In the same way, the United Kingdom’s strategy focuses more on the task of the expert in assisting the court than the expert being the focal source of information. This paper tries to focus on these frameworks by examining the differences and similarities with regard to the laws on expert testimony in India, the UK, and the US. It attributes its comparative focus to some fundamental issues in the standards of expert evidence that remain unresolved but critical to the contemporary judicial system. Therefore, with the aim of improving the standards of evidence in modern law, the paper aims to set uniform standards of admissibility, improve the training of legal practitioners, and promote the ethical conduct of experts.
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