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.