Evidence Act 1893 · 2020 Revised Edition · Part 1 · Relevancy of Facts
48. Facts bearing upon opinions of experts
Feedback & supportFacts 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 seawall. The fact that other harbours similarly situated in other respects but where there were no such seawalls began to be obstructed at about the same time is relevant.
fact
“fact” includes —(a)any thing, state of things, or relation of things, capable of being received by the senses; and(b)any mental condition of which any person is conscious;Illustrations(a) That there are certain objects arranged in a certain order in a certain place is a fact.(b) That a man heard or saw something is a fact.(c) That a man said certain words is a fact.(d) That a man holds a certain opinion, has a certain intention, acts in good faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particular sensation, is a fact.(e) That a man has a certain reputation is a fact.