Medical Evidence

Medical Evidence

Q. 1

All is exempted from oral testimony EXCEPT

 A

Dying declaration

 B

Medical evidence of injury as witness

 C

Chemical examination report

 D

Evidence of medical expert in lower court

Q. 1

All is exempted from oral testimony EXCEPT

 A

Dying declaration

 B

Medical evidence of injury as witness

 C

Chemical examination report

 D

Evidence of medical expert in lower court

Ans. B

Explanation:

B i.e. Medical evidence of injury as witness


Q. 2

Dying deposition is recorded by :

 A

Doctor

 B

Magistrate

 C

Police officer

 D

Lawyer

Q. 2

Dying deposition is recorded by :

 A

Doctor

 B

Magistrate

 C

Police officer

 D

Lawyer

Ans. B

Explanation:

B i.e. Magistrate


Q. 3

Dying deposition is more important than dying declaration becase it is :

 A

Made to a magistrate

 B

Oath is taken

 C

Made in presence of accused

 D

Cross examination is permitted

Q. 3

Dying deposition is more important than dying declaration becase it is :

 A

Made to a magistrate

 B

Oath is taken

 C

Made in presence of accused

 D

Cross examination is permitted

Ans. A

Explanation:

A i.e. Made to magistrate

Quiz In Between


Q. 4

Which carries more weight in a court of law :

 A

Dying declaration

 B

Dying deposition

 C

Both carry the same weight

 D

Both are not significant

Q. 4

Which carries more weight in a court of law :

 A

Dying declaration

 B

Dying deposition

 C

Both carry the same weight

 D

Both are not significant

Ans. B

Explanation:

B i.e. Dying deposition


Q. 5

Medical certificate is :

 A

Documentary evidence

 B

Oral evidence

 C

Hearsay evidence

 D

Parole

Q. 5

Medical certificate is :

 A

Documentary evidence

 B

Oral evidence

 C

Hearsay evidence

 D

Parole

Ans. A

Explanation:

A i.e. Documentary evidence

Medical certificate is simplest form of documentary evidence. In case of death certificate doctor

Must issue certificate & cannot charge any fees for itQ

Can not delay it even if his professional charges are not paid

Must mention the exact cause of death instead of vague terms.


Q. 6

When a doctor issues a false medical certificate, then he is liable under:        

AIIMS 11; Bihar 11; NEET 15

 A

Sec. 197 IPC

 B

Sec. 87 IPC

 C

Sec. 304A IPC

 D

Sec. 338 IPC

Q. 6

When a doctor issues a false medical certificate, then he is liable under:        

AIIMS 11; Bihar 11; NEET 15

 A

Sec. 197 IPC

 B

Sec. 87 IPC

 C

Sec. 304A IPC

 D

Sec. 338 IPC

Ans. A

Explanation:

Ans. Sec. 197 IPC

Quiz In Between


Q. 7

Dying declaration can be taken by:

PGI 12; NIMHANS 14

 A

Village headman

 B

Doctor

 C

Magistrate

 D

Any one

Q. 7

Dying declaration can be taken by:

PGI 12; NIMHANS 14

 A

Village headman

 B

Doctor

 C

Magistrate

 D

Any one

Ans. D

Explanation:

Ans. Any one


Q. 8

Dying declaration is a:     

MAHE 10

 A

Circumstantial evidence

 B

Oral evidence

 C

Documentary evidence

 D

Hearsay evidence

Q. 8

Dying declaration is a:     

MAHE 10

 A

Circumstantial evidence

 B

Oral evidence

 C

Documentary evidence

 D

Hearsay evidence

Ans. C

Explanation:

Ans. Documentary evidence


Q. 9

Documentary evidence along with oral evidence is required:  

PGI 12

 A

Dying declaration

 B

Postmortem report

 C

DNA fingerprinting

 D

Chemical examiner report

Q. 9

Documentary evidence along with oral evidence is required:  

PGI 12

 A

Dying declaration

 B

Postmortem report

 C

DNA fingerprinting

 D

Chemical examiner report

Ans. B

Explanation:

Ans. Postmortem report


Q. 10

Doctors role in noting dying declaration is to ‑

 A

Ascertain compos mentis

 B

Call the magistrate

 C

Elicit information by leading questions

 D

Ask the investiating medial officer to be there

Q. 10

Doctors role in noting dying declaration is to ‑

 A

Ascertain compos mentis

 B

Call the magistrate

 C

Elicit information by leading questions

 D

Ask the investiating medial officer to be there

Ans. A

Explanation:

Ans. is ‘a’ i.e., Ascertain compos mentis

Dying declaration

  • It is the written or verbal statement made by a person likely to die because of some unnatural act done on his body, narating the circumstances or the conditions responsible for his present state of health or the cause and manner of likely unnatural death.
  • Ideally dying declaration should be recorded by executive or honorary magistrate, but can also be recorded by doctor, village head man, police or any other person, if there is no time to call a magistrate. Doctor has to certify the patient to be compos mentis (sound mind). It is recorded in presence of two disinterested witnesses. Relatives and police officers are not allowed to be present. No oath is administered.
  • It carries less weight than dying deposition as no cross-examination is possible. If the patient does not die after the recording of declaration, the dying declaration loses its importance sice now he can be called to the court and his evidence can be recorded after cross-examination.

Quiz In Between



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