This document discusses different types of evidence used in legal procedures. There are two main types of evidence: documentary and oral. Documentary evidence includes medical certificates, medico-legal reports, and dying declarations. Oral evidence can be direct, indirect, or hearsay testimony from witnesses. A dying declaration is an admissible statement made by a dying victim about the cause of their death. Several requirements must be met for a dying declaration to be accepted as evidence in court cases. The document also defines what constitutes a witness and the different types of witnesses, including expert witnesses and hostile witnesses.

1. LEGAL PROCEDURE
Dr. P. Prasanna
Department of Forensic Medicine

2. Evidence
1. All statements which courts permits or
requires to be made before it by witness,
in relation to matters of facts under
inquiry.
2. All documents produced for inspection of
court.

3. Types of Evidence
1. Documentary 2. Oral
1. Medical certificates 1. Direct
2. Medico legal Reports 2. Indirect
3. Dying Declaration 3. Hearsay

4. 1. Medical Certificates
i. Ill health
ii. Insanity
iii. Age certificate
iv. Death certificate
v. Pensioned disability
2. Medico legal reports
i. Assault
ii. Rape
iii. Murder
iv. Injury report
v. Postmortem report

5. Dying Declaration
“ written or oral statement of a person, who is
dying as a result of some unlawful act, relating to
material facts of cause of his death or bearing on
circumstances”
Executive magistrate can be called if there is time.
Compos mentis – mental faculties are normal.
If Condition is sick

6.  Statement can also be recorded by – village headman, police or any
other person.
 Oath is not needed.
Statement
1. Own words without alteration of terms or phrase
2. Leading questions should not be put
3. No influence, outside prompting, assistance
4. Question may be asked if point is not clear.
5. Should be read over to declarant.
6. Statement must be fact not opinion.
7. If declarant becomes unconscious
8. Verbal statement
9. Signature – doctor, witness, declarant.

7. Admissibility
1. Declaration – is against all involved in crime
2. Declarant is in sound state of mind – evidence
3. Declaration is sent to magistrate.
4. Accepted as evidence in - civil and criminal case.
5. Declarant survives – its not admitted but has corroborative value.
Dying Deposition
 On oath
 Recorded by magistrate – presence of lawyer
 Cross examine the witness
 Not followed in India

8. Witness
“A witness is a person who gives evidence regarding
facts.”
 Types of witness
1. Common witness 2. Expert Witness
Hostile witness
“ is one who supposed to have some interest or motive for
concealing the part of truth, or for giving completely false
evidence”
Perjury (Sec 191 - 192 I.P.C)
“ giving willful false / fabricated evidence”

9. THANKYOU