Medical evidance - By Rijin.P.S

2. Medical Evidence
 It means all statement which the court permits or requires to be
made before it by witnesses, in relation to matters of fact under
enquiry
 It includes all documents produced for inspection of the court
according to S.3, I.E.A
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3. Types Of Medical Evidences
HEARSAY
DOCUMENTARY
MEDICAL
EVIDANCE
ORAL
INDIRECT
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DIRECT

4. DOCUMENTARY
DOCUMENTARY
EVIDENCE
EVIDENCE
Primary evidence Secondary evidence
The document
itself produced for Certified copies
inspection of the Copies made from the
court original by mechanical
process
Copies made from or
compared with original.
Oral accounts of the
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contents of a
document

5. Table
DOCUMENTARY
MEDICAL EVIDENCE
CERTIFICATE
MEDICOLEGAL DYING
REPORTS DECLARATION
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6. MEDICAL CERTIFICATES
 They refer to ill-health , insanity, age , death , etc.
 They are only accepted in the court , only when they are issued
by a qualified practitioner .
 Death certificate should not be issued by a doctor without
inspecting the body and satisfying himself he is dead.
 The certificate should not be delayed if the doctor’s fees is not
paid.
 The certificate should not be given if the doctor is not sure of
the cause of death.
 In such cases , the matter should be reported to the police.
 Issuing or signing a false certificate is punishable under
S.1975, I.P.C
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8. MEDICO LEGAL REPORTS
 They are reports prepared by a doctor on the request
of the investigating officer , usually in crime cases
eg: assault , murder , rape , etc.
 The examination of the dead body is made , when
there is requisition from a police officer or
magistrate
 It consist of two parts
1)The facts observed on examination
2) the opinion drawn from the facts
 The report is not admitted unless the doctor testifies
in the court.
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10. Dying Declaration:
 It is a statement, written or verbal, of a person who is
dying as a result of some unlawful act, relating to
facts of cause of his death or any of the
circumstances resulting in death.
 The statement should be noted down in the man’s
own words without any alteration.
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11. Dying Deposition:
 It is the statement of a person on oath before a
magistrate, in the presence of the accused or his
counsel, who in turn, is allowed to cross-examine
the witness.
 The doctor should first certify whether the person is
capable of making a statement.
 It means court by the bedside, and has greater value
as compared to dying declaration
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12. Oral Evidence
 It includes all statements made before the Court, by
the witness, in relation to the matter under
investigation.
 The oral evidence must be direct.
 Oral evidence is much more important than
documentary evidence as it allows cross-
examination.
 Documentary evidence is accepted by the court only
on oral evidence by the person concerned.
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13. ORAL EVIDENCE
Direct Evidence of a fact which is actually in issue.
It is not the testimony of an eye witness , but
has a bearing up on the fact of the other and
Indirect subsidiary facts which are relied up on as
consistent
It is any statement made by any person about what
he did not personally witness,or evidence he obtained
Hearsay from a third party,which is presented in the court in
order to assert that the facts contained in the
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statement are true.

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