Medical Evidence 24

Dr. Himanshi
PGT STUDENT
Department of Forensic Medicine &
toxicology
AIIMS Patna
 How is it possible to identify the
person who committed a CRIME?
 Locards exchange Principle
 “Every contact leaves a trace.”

 Locard's exchange
principle when any two objects
come into contact, there is always a
transfer of material from each other
on the object. Traces may be carried
away on the person or tools of the
criminal and at the same time, traces
from all or any of these may be left at
the scene.1
 Evidence
 According to S.3 of IEA , evidence means and includes

1. All statements which the court permits or

requires to be made before it by witnesses, in
relation to the matters of fact under enquiry.
 Such statements are called oral evidence.

2. All documents including electronic records

produced for the inspection of the court.
 Such statements are called documentary evidence.2
 Types of evidence2

Evidence

Direct Indirect Oral Documentary

Hearsay Circumstantial
 Evidence
 Direct Evidence
 Witness directly saw the
crime or felt with any of his
senses.
 Evidence contd..
 Indirect Evidence
 Witness did not directly see the crime.

Indirect
Evidence

Hearsay Circumstantial
 Indirect Evidence contd..
 Circumstantial evidence
 Witness did not see actual crime, but several related things exist, which
points towards the commission of crime.

 Circumstantial evidence is best understood by analogy.

 Admissibility it is generally admissible in court of law unless the

connection between the facts and the inference is too weak to be of help in
deciding the case.
 Fingerprints
Footprints

physical

Tyre marks
Fibres
Circumstantial evidence Weapon etc.

Body fluids
Hair
biological
Plants
Natural fibres etc.
 Indirect Evidence contd..
 Hearsay
 Witness only heard about the crime from someone.

 Admissibility
 Generally hearsay evidence is not admitted except
1. Dying declaration [S.32(1) IEA]
2. Res gestae [S.6 IEA]
o These are involuntary exclamations or acts made at the time the offence was
committed.
o These are not planned, but are forced from the individuals by the excitement of
the moment.2
 Medical evidence
 It is defined as the legal means meant to prove or disprove any
medicolegal matter in question

 The medical evidence by itself and alone does not prove the case for
prosecution.

 Written or oral opinion by medical experts are not admissible in

court of law unless cross examined.1
 Medical
evidence

Oral Documentary
evidence evidence
 Medical evidence contd..
 Oral evidence or parole
 It is the evidence given by a witness in court of law as per S.59 IEA, all
facts except the contents of documents or electronic records may be
proved by oral evidence.

 A person rendering documentary evidence can be summoned for oral

evidence.

 Oral evidence has more value as it admits cross examination, the

evidence being given on oath.
 Oral evidence or parole contd..
 Dying Deposition
 It is a statement of dying person on oath, recorded by magistrate in the
presence of the accused or his lawyer, who is allowed to cross examine
the witness.

 This is a court at bedside.

 It works on the dictum if the person cannot go to the court, the court
should go to the person.

 It is held in many countries like UK, USA, Australia but not in India.
 Oral evidence or parole contd..
Exceptions to oral evidence..
 Documentary evidence is accepted in court only on oral testimony
except

1. S.32, IEA statements, written or verbal, of relevant facts made by a

person
a) Who is dead
b) Who cannot be found
c) Who has become incapable of giving the evidence
d) Whose attendance cannot be procured without any amount of delay or
expense which under the circumstances of the case, appears to court
unreasonable.
 Oral evidence or parole contd..
Exceptions to oral evidence..
2. S.33, IEA Evidence given by a witness in a previous judicial
proceeding is admissible in a subsequent judicial proceeding, or in
a later stage of the same judicial proceeding when
 The witness is dead
 Cannot be found
 Is incapable of giving evidence
 Is kept out of way by the adverse party
 Whose attendance cannot be procured without any amount of delay or
expense which under the circumstances of the case, appears to court
unreasonable.
 Oral evidence or parole contd..
Exceptions to oral evidence..
3. S.60 IEA opinions of experts expressed in any treatise commonly
offered for sale and on the grounds on which such opinions are
made

4. S.291 CrPC Evidence of a doctor needed in court of law, if taken

and attested by a magistrate in presence of accused

5. S.292 CrPC written reports of mint officers, security printing

press, controlling of stamps & stationary etc.
 Medical evidence contd..
 Chain of custody
 It is the method of verification
of possession of an article from
the time of recovery up to the
production in the court as an
evidence.
 Medical evidence contd..
 Documentary Evidence
 Sec 61-90 IEA
 It comprises of all the documents written or printed to be produced
before courts of law for examination during course of trial.

 Acc. To S.29 IPC , the word document means, “Any matter expressed or
described upon any substance by means of letters, figures, marks, or by
more than one means intended to be used as evidence of that matter.”

 The contents of documents may be proved by primary or secondary

evidences [S.61 IEA]
 Documentary Evidence contd..
 Primary evidence
 As per S.62 IEA , the document itself produced before the
court for inspection.5

 Secondary evidence
 As per S.63 IEA, includes the certified copies, copies made
from original by mechanical process, copies made from or
compared with the original and oral accounts of the contents
of the document given by a person who has himself seen it.5
 Witness
 A witness is one who has firsthand knowledge about a crime or
significant event through his senses and clarify important points
about an event or crime.

 S.118- 134 [Chapter IX] IEA deals with witness.

 All persons who are competent enough to testify, unless they cannot
understand question put to them because of,
 Disease of body or mind
 Extreme young age
 Extreme old age
 Type of Witnesses

Witness

Common Expert Hostile

witness witness witness
 Types of Witnesses contd..
 Common witness
 He is a person who tenders evidence
about the facts observed or perceived
by him.
 No special knowledge is required in
tendering knowledge.
 First hand knowledge is principle or
the rule the common witness should
demonstrate that
1. If he was capable of perceiving the
fact by one of his senses.
2. He actually observed this fact.
 Types of Witnesses contd..
 Expert witness
 A person is skilled or trained in some
scientific or technical subject and is
capable of drawing conclusions and
opinions from the facts observed by
himself, or noticed by others.

 Areas in which expert witness gives

evidence
 Upon facts which are admitted or proved by
 Himself
 Other witnesses at the trial
 On hypothetical questions
 On matters of common knowledge
 Types of Witnesses contd..
 Hostile witness
 He is the one who conceals whole or part of the truth and offers adverse
testimony against his own party.

 Reasons for turning hostile – bribed, threatened, won over opp. Party.

 The party who has called the witness will request the court to declare
him hostile, whereupon court will do so.
 Types of Witnesses contd..
Hostile witness
 Earlier testimony of hostile
witness is then rejected .

 Leading questions can be asked

during examination in chief.

 Punishment : S.193 IPC 7years

imprisonment + Fine
 Perjury
 It is giving wilful false evidence
under oath.

 Major components:
 Whoever legally bound to oath, or
 By an expression of law to state the
truth.
 Bound to law by making the
declaration upon a subject.
Punishment :
 Makes any statement which is false.
Normal trial-
7 years + fine S.193 IPC
 Recording of Evidence
 Sec 137, IEA After taking the oath, the evidence is recorded in
following manner..6

Examination in chief

Cross examination

Re-examination
 Examination in chief
 Done by lawyer of the party which calls him.

Types of
Cases

Criminal
Civil Cases
Cases

Public
Plaintiff Defendant Defendant
Prosecutor
 Examination in chief contd..
 In criminal case, state is the PP, the burden of proof lies on it. Since
medical witness often proves guilt, he is usually summoned by the
state.

 PP examines the witness first.

 In Civil cases- party who calls the witness examines first.

 Examination in chief contd..
 Purpose:
 To elicit all the relevant facts before the court, and the
conclusions which the doctor has drawn from the facts.
 Interpretation of the findings of ancillary investigations by the
doctor.

 Leading questions cannot be asked.

 Cross Examination
 It is done of a witness by the lawyer of the opposite party
opposite to the one which summoned him .

 Objectives
1. To elicit the facts favourable to cross examining party.
2. To test the accuracy of statements made by the witness
[S.146, IEA].
3. To discover who he is and what is his position in life [S.146,
IEA].
 Cross Examination
Objectives contd..
4. To discredit him, by injuring his character, including
questions the answers to which might criminate him or
expose him to a penalty.
5. To develop old or new facts.
6. To modify or explain what has been said.
7. To remove any undue or excessive emphasis which may have
been given to a particular statement.
8. To weaken the evidence.
 Role of Cross Examination
 Weapon of cross examination is a powerful weapon by which
the defence can separate truth from the falsehood piercing
through the evidence given by the witness, who has been
examined in examination-in-chief.

 By this defence can test the evidence of a witness on anvil of

truth.6
Re- Examination
 References
1. KS Reddy
2. The Indian Evidence Act, 1872 Bare acts with short notes Page 4A
3. Forensic medicine & Toxicology by J.B. Mukerjee
4. Textbook of Forensic medicine & toxicology by Dr. Anil Aggarwal
5. The Indian Evidence Act, 1872 Bare acts with short notes Page 30
6. The Indian Evidence Act, 1872 Bare acts with short notes Page 58