Medical Evidence

Medical Evidence


It means :

  • All statements which the court permits or requires to be made before it by witnesses,  in relation to matter of fact under inquiry.

It includes:

  • All documents produced for the inspection of court.
Types of Medical Evidence

Documentary

  • Medical certificate
  • Medico-legal reports
  • Dying declaration

Oral-

  • Direct
  • Indirect or Circumstantial
  • Hearsay

Medical Certificates:

  • Documentary evidence
  • They refer to ill health, insanity, age, death etc.
  • The medical practitioner is bound to issue death certificate, stating the cause of death, without charging the fees.
  • Issuing false medical certificate is punishable under section 197IPC.

Medical reports:

  • They are the medical reports prepared by a doctor on request of the investigating officer, usually in the criminal cases.
  • The report consists of two parts:
  • Facts observed on examination
  • Opinion  drawn from the facts

Dying declaration:

  • It is a written or oral statement of a person, who is dying as a result of some unlawful act, relating to the material facts of cause of his death.
  • Magistrate should be called to record the declaration (if there is time).
  • Doctor should certify his mental state and consciousness before recording(compos mentis).
  • If there is no time to call the magistrate, the doctor should take the declaration in the presence of two witnesses.
  • It can also be recorded by village headman, police officer, but its value is less.
  • Oath is not necessary.
  • It must be signed by the declarant, doctor and the witnesses.
  • If the declarant dies, it is accepted as the evidence in court.
  • If the declarant survives, it is not valid,  but it has the corroborative value.
  • The declarant should not be influenced.
Dying Deposition
  • It is the statement of a person on oath, recorded by the magistrate in the presence of the accused or his lawyer, who is allowed to cross-examine the witness.
  • More importance in court then dying declaration
Exam Question
 
Types of Medical Evidence

Documentary

  1. Medical certificate
  2. Medico-legal reports
  3. Dying declaration

Medical Certificates:

  • Documentary evidence
  • Issuing false medical certificate is punishable under section 197IPC.

Dying declaration:

  • It is a written or oral statement of a person, who is dying as a result of some unlawful act, relating to the material facts of cause of his death.
  • Magistrate should be called to record the declaration (if there is time).
  • Doctor should certify his mental state and consciousness before recording(compos mentis).
Dying Deposition
  • It is the statement of a person on oath, recorded by the magistrate in the presence of the accused or his lawyer, who is allowed to cross-examine the witness.
  • More importance in court then dying declaration
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