Discuss the law regarding opinion as to the handwriting of a person.

Question: Discuss the law regarding opinion as to the handwriting of a person. [U.P.C.J. 1987]

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Answer

The science of identification of handwriting is not so perfect and the risk is, therefore, higher.

The opinion of an expert is not decisive or conclusive of the matter. An expert deposes and not decides. His duty is to furnish the judge with the necessary scientific criteria for testing the accuracy of his conclusion.

But that is far from doubting the opinion of a handwriting expert under section 45 of the Indian Evidence Act as an invariable rule and insisting upon substantial corroboration in every case, however, the opinion may be backed by the soundest of reasons because and the court should not surrender its opinion to that of the expert so as to enable the judge to form his own independent judgment by the application of those criteria to the facts proved in evidence.

Value of opinion of a handwriting expert

The opinion of an expert in writing s considered as the weakest and the least reliable evidence. It has been held that it is not safe to base a conviction upon the opinion of a writing expert alone. The handwriting experts’ opinion simply corroborates the circumstantial evidence.

Therefore, it is not possible to accept the contention that the handwriting experts’ opinion being a weak piece of evidence ought not to be relied upon. The opinion of a ‘handwriting expert’ can be relied on when it is supported by other evidence. Though there is no rule of law that without corroboration opinion evidence cannot be accepted but due care and caution should be exercised and it should be accepted after probe and examination.

In Murari Lai v. State of M.P. (AIR 1980 SC 531), the Supreme Court upheld the conviction on the evidence that the piece of writing left behind by the murderer in the room of the deceased was testified by a handwriting expert to be in the handwriting of the accused. The court also observed that even if no handwriting expert is produced before the court, the court has the power to compare the handwriting itself and decide the matter.

Further, Section 47 of the Indian evidence act says that when the court has to ascertain whether a certain document is written or signed by a particular person or not then the opinions of persons, who are acquainted with the handwriting of that person, as to whether the document in question is written or signed by that person or not will be relevant.

According to this section the person is said to be acquainted with the handwriting of another person if he has seen that person write or he has received documents from that person or when in the regular course of business he receives the documents that are supposed to be written by that person have been habitually submitted to him.

For example, if we suppose ‘A’ is the secretary of ‘B’, the owner of a firm and thus ‘A’ has to submit to ‘B’ a written report written by ‘A’ himself about the daily business carried out by the firm. When the case before the court is if a document is written by ‘A’ or not then the opinion of ‘B’ is relevant in that matter since ‘B’ used to be acquainted with the writings of ‘A’ in the daily course of business.

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