Type of Evidence and Witness Homicide

 

Forensic Medicine: Evidence & Witness

Legal Framework for Medical Professionals

1. Types of Evidence (Indian Evidence Act)

  • Oral Evidence: Statements made by witnesses before the court. Must be direct (what they saw, heard, or perceived).
  • Documentary Evidence: Documents produced for inspection by the court (e.g., Post-mortem report, Medical records, dying declaration).
  • Primary vs. Secondary Evidence: Primary is the original document; secondary is copies/attested copies (admissible only under specific conditions).
  • Real (Physical) Evidence: Physical objects (e.g., murder weapon, clothes, viscera samples).

2. Classification of Witnesses

Witness Type Characteristics
Common Witness Testifies to facts they personally observed.
Expert Witness Allowed to provide opinions based on scientific/technical expertise (e.g., Forensic Pathologist).
Hostile Witness One who gives evidence contradictory to the party that called them, allowing for cross-examination by that party.

3. NEET PG High-Yield Pearls

  • Section 45 (Expert Opinion): Courts rely on expert opinions when dealing with science, art, identity, or handwriting.
  • Witness Protection: The law provides for the protection of witnesses in serious criminal cases to prevent tampering.
  • Examination in Chief: Questions asked by the party that calls the witness.
  • Cross-Examination: Questions asked by the adverse party to test the veracity of the testimony.
  • Re-Examination: Questions asked by the party who called the witness, after cross-examination, to clarify points.