Introduction to Forensic Science: Medical Evidences

This presentation explains about the types of evidence encountered in medico-legal matters.

1. TYPES OF EVIDENCE Direct Facts (eye witness) Indirect Related facts (circumstantial) Oral Documentary Primary (original) Secondary (photocopy) Medical evidence Direct where facts are observed Indirect where inferences are drawn

2. DOCUMENTARY EVIDENCE Defined in Sec 3 of IEA 1872; covered in Chapter 5 of the Indian Evidence Act. The general guidelines for proving documentary evidence in various contexts are covered in Sections 61 to 73A of the Act. Based on the doctrine of Vox Audita Perit & Literra Scripta Manet , Documentary evidence is any material that is brought before the court to be examined , verified , or displayed . It may include physical objects such as contracts , invoices , receipts , photographs , videos , audio recordings , emails , text messages and other types of written or recorded material. Electronic records submitted to the court are also covered by this definition. In particular, Sections 61–66 of the Act address how the contents of a document are to be proven. Three sections can be made out of the content of documentary evidence: Under the Indian Evidence Act, documentary evidence is divided into three categories: General Rules:  Sections 61 to 73A deal with the general rules for proving documentary evidence in various cases. Public Documents:  Sections 74 to 78 cover public documents, which are documents issued by a public office or a public servant. Presumptions :  Sections 79 to 90A deal with presumptions as to the documents.

3. ORAL EVIDENCE Evidence that is restricted to spoken words , gestures , or motion is known as oral evidence.   Personally heard or seen by the witness Oral evidence must always be direct or positive , which means it goes straight to establishing the main fact in the issue. Section 3 IEA (1872) defines evidence as “All statements which the court permits or requires to be made before it by witnesses about matters of fact under inquiry; such statements are called oral evidence.”  The word oral indicates something spoken or expressed by mouth , so anything which is accepted in court about the inquiry and expressed by any witnesses who are called in the trial is called oral evidence . C an only be given by such a witness who has heard the crime/ issue themselves Oral evidence can only be given by such a witness who has sensed the crime/ issue themselves.

4. Section 61 of the Indian Evidence Act outlines the methods for proving the contents of a document in court. It states that there are two methods for proving the contents of a document: Primary Evidence:  This is discussed in Section 62 . It states that primary evidence is the original document in its original form. For instance, if a person needs to prove that he was a minor when he entered into a contract, then his original birth certificate would be considered primary evidence. Secondary Evidence:  This is discussed in Section 63. lists five different types of evidence that can be accepted as secondary evidence . The court established the rule of best evidence, which states that the highest form of evidence available should be presented in court before any inferior proof is accepted. This means that if the original document (i.e., primary evidence) is available, then no secondary evidence will be accepted unless a proper explanation is provided for the absence of the primary evidence.

5. MEDICAL EVIDENCE Medical evidence is often a crucial element of a legal case, as it can provide substance to an  injury claimed  that was caused as a result of negligence or error by someone other than the victim . T hey are opinions of medical experts presented in court. A medical expert’s testimony supported by his scientific knowledge, ability, expertise, and personal experience is referred to as “medical evidence .” While the law prosecutes a person for murdering and injuring others, medical science provides clues as to how the death of the person and how the harm was caused. post-mortem or anti-mortem wounds; weapon used to inflict harm ; effect and outcome of the wounds; sufficient in the normal course of nature to cause the death of a person ; duration of the wounds; number of stabs and the likely time of death ; cause of death ; claim of insanity ; determination of age - such facts can be conclusively proved in court with the help of medical science. Corroborative in nature; doesn’t always override eyewitness unless testimony found false. The court may not consider the medical evidence if there is a discrepancy between the two. Plays an decisive role in offences against human body The medical evidence can be utilized by the defense to demonstrate that the injuries could not have been sustained in the way that is being asserted and, as a result, to discredit the eyewitnesses .

6. Medical Expert - person who has specialized knowledge and expertise in a field that enables him to offer opinions and draw conclusions pertinent to the case, as well as to aid the court impartially and objectively. Supposed to explain the standard of care in situations involving - medical negligence; the professional conduct standard; an opinion backed by solid justifications and supporting data. Untrained, and inept expert witnesses would lead courts and tribunals to draw incorrect findings, complicate the resolution of disputes, consume resources, and be expensive. Medical evidence and Section 45 of the Indian Evidence Act, 1872 - When the Court has to form an opinion upon a point of foreign law or science or art, or as to the identity of handwriting [or finger impressions], the opinions upon that point of persons specially skilled in such foreign law, science or art, [or in questions as to the identity of handwriting] [or finger impressions] are relevant facts. Such persons are called experts . Based on the Lain Maxim – «cullibet in sua arte est credendum» Under Sec 45 IEA - medical evidence can be used to corroborate other types of evidence in India.

7. RECORDING OF EVIDENCE IN COURT

8. 01. PRESENTATION OF EVIDENCE The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act, 1872, has eleven chapters and 167 sections, and came into force 1 September 1872. At that time, India was a part of the British Empire . WITNESS: Witness is a person who gives sworn testimony(evidence) in a court of law irrespective of interference drawn from it Evidence is presented in systemic order: OATH (Sec . 51 IPC) EXAMINATION-IN-CHIEF (Sec. 137 IEA) CROSS EXAMINATION (Sec. 141-146 IEA) RE-EXAMINATION (Sec. 137-138 IEA) COURT QUESTION ( Sec. 165 IEA , Sec 311 CrPC)

9. 02. OATH OATH is a declaration required by the law , which is compulsory and holds the witness responsible for consequence of his evidence . “He is required to swear by almighty god that he will tell the truth ,the whole truth and nothing but the truth”. An atheist, makes a solemn affirmation in same terms, instead of swearing by God Child below 12 years is not required to take oath

10. 03. Examination-In-Chief (Direct Examination) Ist Examination of a witness. Question are put to him by the lawyer for the side which has summoned him. In criminal cases burden to prove is always on the prosecution ,and accused is presumed to be innocent till the contrary is proved against him. No leading question is allowed( except in those cases, where judge issatisfied that a witness is hostile( sec.142 & sec 154,I.E.A.) The Objectives are: To elicit all relevant , convincing medical facts . To elicit the conclusion which the doctor has drawn from the facts

11. 04. Cross-Examination The Witness is questioned by the lawyer for the opposite party. The defense witness is cross examined by the public prosecutor. Leading questions are allowed. No time limit  The Objectives are: To elicit facts favorable to his case. To test the accuracy of statement made by witness. To modify or explain what has been said. To develop new or odd facts. To discredit the witness. To remove any undue emphasis which may have been given to any of them.

12. 05. Re-Examination (Re-Direct Examination) This is conducted by the lawyer for the side which has called the witness. Leading questions are not allowed. The opposing lawyer has right to re-cross- examination on the new point raised. The Objectives are: To clear any doubts that may have arisen during cross-examination. To explain some possible misinterpretation. To add new point

13. 06. QUESTION BY JUDGE The Judge may ask any question , in any form , about any fact ,relevant or irrelevant at any stage of the examination. He is empowered to recall or re-examine any witness already examined.

14. Conduct and Duties of a Doctor in Witness Box After getting summons a doctor must attend the court punctually . well prepared with the details of the evidence before entering the box. Taking all records & relevant reports that may have to be quoted in the box. (original notes, autopsy reports, X rays, photographs, copy of death certificate, special reports on swabs and smears etc .) Be well dressed, modest & always in time. Do not discuss the case with anyone in the court except the lawyer by whom you where asked to testify. Stand up straight; relaxed & calm; Not frightened or nervous . Never attempt to memorize. The law allows refreshing your memory from copies of reports already submitted or from the case notes and similar records made at the time of examination.

15. Speak slowly, distinctly and audibly so that the judge can record your evidence. Look people in the eye when you speak, for it gives the impression of honesty. Use simple language, avoiding technical or medical terms to the best of your ability. Avoid superlatives and exaggerations. Ex - most agonizing pain, very large bruise, frightful injury … Speak with assurance; Be confident but not overconfident or arrogant. Address the judge by his proper title as “sir” or “your honor ”. Be polite, pleasant and courteous to the lawyers. Don’t underestimate the medical knowledge of the lawyers . Defense lawyer may irritate the Witness by unfair questions. Remain calm & disagree firmly & repeatedly if you don’t agree. If you believe that the question is unfair look at your lawyer before answering. If he fails to object, turn to Judge & ask whether you should answer this question . Retain independence of your mind. A biased expert is a useless expert. So remain unbiased, truthful & honest.

16. Listen carefully to the questions. Do not hesitate to ask the question to be repeated, if you do not understand it. Avoid long discussions. Answer should be brief & precise . Consider all aspects of the question before answering it. Watch double questions. The answer to each part of the question may be different. Don’t overemphasize replies to questions from cross – examining lawyers. Don’t refuse to answer any questions bcz ……... A medical witness has no professional privilege . Say “In my opinion…”don’t use phrases like “I think…” or “I imagine… ”. Be prepared to give reasons for your opinion if asked. Don’t be drawn outside your particular field of competence. Avoid speaking on a subject in which you have little or no practical experience.

17. MEDICO-LEGAL EXPERT’S DISPOSITION D octors who investigate and testify in medico-legal cases like injury claims or medical negligence.   Medical practitioners use their knowledge and diagnosis expertise to provide medical evidence, i.e., a medico-legal report for further legal proceedings . Necessary Skills : In-Depth Medical Knowledge Experience Objectivity Focus on Details Good Communication Skills Good Management