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
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Medical certificate
-
Medico-legal reports
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Dying declaration
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- 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).
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If there is no time to call the magistrate, the doctor should take the declaration in the presence of two witnesses.
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It can also be recorded by village headman, police officer, but its value is less.
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Oath is not necessary.
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It must be signed by the declarant, doctor and the witnesses.
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If the declarant dies, it is accepted as the evidence in court.
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If the declarant survives, it is not valid, but it has the corroborative value.
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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 Important
Types of Medical Evidence
Documentary
- Medical certificate
- Medico-legal reports
- 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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