Description

Section 140 of the Code of Civil Procedure (CPC) deals with the use of assessors in certain specific cases, particularly in salvage cases and other cases where specialized knowledge or expertise may be required to assist the court in making its decisions. The section allows the court to appoint assessors who are experts in a particular field to assist the court in evaluating the evidence and making determinations on matters requiring special technical or professional knowledge.

Key Provisions of Section 140:

1. Appointment of Assessors:

   • The section provides that assessors may be appointed by the court in cases involving salvage or other cases where special knowledge is needed.
   • Assessors are not the same as judges; they are experts or individuals who possess specialized knowledge or experience that the court may require to evaluate technical aspects of a case.

2. Specialized Knowledge:

   • In cases like salvage (for example, the recovery of property from shipwrecks or disasters at sea), the court may require experts in marine law, ship engineering, or similar fields. In such cases, the court appoints assessors who can provide valuable insights based on their expertise.
   • Assessors assist the court in understanding complex facts or issues that may be beyond the scope of general judicial knowledge.

3. Role of Assessors:

   • The assessors act as advisors to the court, providing opinions or advice on specific matters related to the case.
   • Their role is advisory and they do not have decision-making powers. The court retains the authority to make the final judgment, but it can rely on the advice of assessors in reaching a decision.

4. Scope of Use:

   • The use of assessors is not mandatory in every case but is specifically applicable in cases such as salvage and any other case where the court feels the need for specialized input. The section provides flexibility for the court to appoint assessors whenever necessary for justice.
   • The court may call upon assessors when it believes that the nature of the case requires knowledge in areas such as marine law, engineering, finance, or other technical fields.

5. Impact on Proceedings:

   • The appointment of assessors can enhance the quality of the court's decision-making by ensuring that it is informed by specialized knowledge.
   • This procedure helps the court reach a more accurate and informed decision in matters that involve technical or expert knowledge.

Punishment

Section 140 does not specify any punishments for failure to follow the provisions related to the appointment of assessors, as it is a procedural provision that governs the court's discretion to appoint experts in specific cases.

However, the following consequences may arise in cases involving the misuse or non-compliance with the use of assessors:

1. Inaccurate Decision-Making:
   • If an assessor's appointment is made incorrectly or if their expertise is not aligned with the needs of the case, it could lead to inaccurate or unjust decisions.
2. Delay in Proceedings:
   • The appointment of assessors can sometimes result in delays in proceedings, especially if there are difficulties in selecting suitable assessors or if the assessors are unavailable.
3. Appeal or Review:
   • If the involvement of assessors is seen to have negatively impacted the fairness or accuracy of the decision, the case may be appealed, and the judgment could be subject to review by a higher court.