Medical evidence

Forensic medicine and toxicology
10 marks question.

1. MEDICAL
EVIDENCE
By. Balkrishn Patel

2. DefinitionEvidence
means and includes
1. All statements which the court
permits or requires to be made before
it by a witness in relation to matters of
fact under inquiry (such statements are
called as oral evidence).
2. All documents produced for the
inspection of the court (such
documents are called as documentary
evidence).

3. Types
1.
Documentary
evidence
2. Oral
evidence

4. Documentary Evidence
It comprises of documents produced before the court and includes:
1. Medical certificate
2. Medico-legal report
3. Dying declaration etc.

5. Medical Certificates
These are the
certificates issued
by the doctor
rregarding
1 illhealth
(sickness
certificate),
2 unsoundness of
mind, 3death
certificate,
4birth certificate,
5fitness certificate
etc.

6. ◦These certificates are the simplest forms of
documentary evidence. Only certificates given
by registered medical practition-ers (RMP)
registered with state medical council are
accepted in the court of law as evidence.
◦Doctors should exercise due care while
issuing such certificates.
◦Issuing a false certificate is an offense.

7. Medico-legal
Reports
◦Medicolegal reports are the documents prepared and issued by
doctors on the request of the investigating officer (Police or
Magistrate),
◦usually in criminal cases such as assault, rape, murder etc.
◦Examples of such reports are:
◦1 Injury certificate,
◦2age report,
◦3postmortem reports,
◦4 reports regarding examination of exhibits such as weapons,
clothes etc.

8. •Generally these reports are made of three
parts viz.:
1. Part I –Introduction
(Preamble): Comprising of
preiminary data such as name
of person, age, sex, address,
identification marks, date and
time of examination etc.
1
2. Part II –Examination
(Observation): Consisting of
the findings observed and
recorded by doctor and
entered in the report.
2
3. Part II –Opinion
(Inference): Consisting of
opinion or inference drawn
by the doctor from the
medical examination.
3

9. The report should be written with great care
and should bear the signature and name of the
examining doctor.
Any exhibits, e.g. clothes or weapons etc. sent
for medical examination should be described in
detail with appro-priate diagram/sketches
whenever applicable then these articles should
be properly sealed, labeled and returned to the
investigating officer.

10. Dying Declaration
◦Definition:
◦A dying declaration is a statement, verbal or written, made by
a person as to the cause of his death, or as to any of the
circumstances of the transaction which resulted in his death
(Section 32 IEA).
◦Whenever such patients are admitted and who are going to die,
the doctor should call the Magistrate to record dying
declaration.
◦Before recording the statement, doctor should certify that the
person is conscious and have sound mind (compos mentis).
◦If the dying person is serious and there is no time to call the
Magistrate, then doctor should record the dying declaration.
◦When doctor or Magistrate is not avail-able, dying declaration
recorded by investigating officer is also admissible under
section 32 of IEA.
◦No oath is adminis-tered while recording a dying declaration
since it is believed that the dying person tells the truth only.

11. Dying
Deposition
It is a statement or deposition made by a
dying person on oath.
The Magistrate in the presence of accused
or his lawyer records it.
The procedure of dying deposition is not
followed in India.
Dying deposition has more value then dying
declaration in the court as it is recorded by
the Magistrate in presence of accused.

13. Oral Evidence
◦It means statement made by the witness verbally in the court.
◦As per Section 60 of IEA, the oral evidence should be direct
i.e. it is to say:
◦1. If it refers to a fact which could be seen, it must be the
evidence of a witness who says he saw it;
◦2. If it refers to a fact which could be heard, it must be the
evidence of a witness who says he heard it;3. If it refers to a
fact which could be perceived by any other sense or in any
other manner, it must be the evidence of a witness who says he
perceived it by that sense or in that manner;4. If it refers to an
opinion or the grounds on which that opinion is held, it must
be the evidence of the person who holds that opinion on those
grounds. In other words, oral evidence is direct evidence of a
witness regarding what he had seen, heard or perceived.

14. •ORAL EVIDENCE IS MORE
IMPORTANT AND SUPERIOR
THAN DOCU-MENTARY
EVIDENCE BECAUSE:
1. It has to be proved on oath or affirmation and2. It can be subjected to cross-examination.

15. Other Types of
Evidences are
◦1. Hearsay evidence
◦2. Circumstantial evidence
◦3. Corroborative evidence

16. Hearsay
evidence:
It is type of indirect evidence in
which the witness has no personal
knowledge about the facts but he
has only heard what others had
said regarding the matter.
For example witness “X” gives
evidence in court that “Y” had told
him (i.e. X) that he (i.e. Y) had seen
“Z” beating to “W” with iron rod

17. Circumstantial
evidence:
It is indirect type of evidence,
which was obtained from the
suspicious circumstances
for example finding of blood
stained shirt over body of accused,
recovery of bullet shells at the spot
of crime or recovery of weapon
from the accused etc

18. Reference
◦Principles ofForensic Medicine and Toxicology
◦Rajesh Bardale MD