Expert Evidence PPT for healthcare services

Expert evidence

1. Expert Evidence
MRINAL SATISH,
PROFESSOR OF LAW, NLSIU

2. Expert Evidence: Some basic principles
Section 45, Indian Evidence Act
Section 293, Cr.P.C.
Question of competency of experts and assessment
Expert evidence is opinion evidence – Court required to evaluate the
evidence
Expert has to provide the court with the basis for the opinion provided.
Lack of expert evidence not a ground for acquittal in criminal cases.
Medical evidence is only corroborative; it is not substantive evidence

3. Medical Evidence
What are the sorts of cases where medical evidence is given paramount
importance?

4. Medical Evidence in
Rape Adjudication

5. Definition of Rape in the IPC
Pre 2013
Non-consensual sexual intercourse
Sexual intercourse definition
Explanation to Section 375
Post 2013
Penile penetration of the vagina and other orifices
Object/Non-penile penetration of the vagina and other orifices
Application of mouth to vagina and other orifices

6. Evidence to prove rape in court
Testimony of the victim
Witness testimony (if any)
Medical Evidence (if any)
Other Forensic Evidence (if any)
Other corroborative evidence (if any)

7. What is the value of the victim’s testimony?
Is the victim an accomplice to the crime of rape?
Rameshwar v. State, AIR 1952 SC 54
No. Court can convict on the basis of the uncorroborated testimony. But, should
give reasons why it trusts the victim, and keep the “corroboration warning” in mind.
The 1990s jurisprudence: C K Jain & Gurmit Singh cases
Section 155(4), Indian Evidence Act
Mathura & Pratap Misra Cases
Pratap Misra, (1977) 3 SCC 41 and its use of medical evidence
Proving Rape in Court: Victim’s
Testimony

8. What are rape myths?
Prejudicial, stereotyped, or false beliefs about rape, rape victims , and rapists.
Types of stereotypes
Descriptive
Prescriptive
Examples of some stereotypes/rape myths
 Calling rape offenders monsters, beasts, animals etc. – The concept of “othering”.
However, statistics on rape offenders (acquaintance rape)
Acquaintance rape is more traumatic than stranger rape.
Prompt reporting requirement
Victim will physically resist
Victims are visibly emotional while testifying
Women make false allegations of rape
Rape Myths/Stereotypes

9. Mathew Hale: “Rape accusations are easy to make, hard to be
proved and harder to be defended against.”
John Henry Wigmore: “Women are prone to falsely allege rape.
Hence, there is requirement for corroboration.”
Hale and Wigmore influenced evidence law of Britain, and we
accepted it.
Hale & Wigmore

10. Norman Chevers followed by other British doctors
Construction of stereotypes and rape myths
Women often falsely allege rape – Mathew Hale reasserted
It is not possible for a man to single handedly rape an adult woman
Modi writes in 1914.
Reinforces stereotypes
Brings in a class/caste angle – “Labouring woman”
Virginity testing becomes important [State of hymen becomes an
important factor]
Two finger test emerges.
History of Medical Evidence

11. Utility of Medical Evidence
Bodily Fluids
Proof of Injuries
History of Medical Evidence
Colonial Understanding of evidence by Indians
Colonial understanding of evidence by women
Colonial understanding of evidence by Indian women
Norman Chevers and his manual – Indian idiosyncrasies.
Medical Evidence

12. Modi starts being considered as authority
Modi starts getting cited as the authority, instead of looking at statute or
cases.
Lack of Injuries
Courts bring in the “utmost resistance standard”
Hari Singh Gour and “maidenly modesty”
Indian cases start citing Modi and Hari Singh Gour
Supreme Court in a number of cases – Not possible for man to single-
handedly rape an adult woman
“Labouring woman”
Sukru Gouda
Modi’s Impact on the Law

13. Since no protocol on medical exam, most of the stereotypes/myths
enter medical examination protocols. Courts start relying on them.
Impact of Modi on Medical
Protocols

14. Developments on Medical
Examination and Protocols
The Justice Verma Committee’s Recommendations
Lillu v. State of Haryana, (2013) 14 SCC 643
Protocol for Medical Examination in Rape cases
Revision of Modi’s Medical Jurisprudence
Developments in Bangladesh and Pakistan

15. Constitutional Issues in
Medical/Forensic Examination
Context of rape adjudication
Examination of the Victim
Examination of the accused