Compelling Evidence Key Insights for Medical Professionals | Best in 2024

Evidence 

Evidence is any material (documents, trace evidence, firearms, ammunition, etc) presented in the court to prove or disprove any matter in question.

 

TYPE: 

(a) ORAL

(i) Direct

(ii) Indirect/Circumstantial

(b) DOCUMENTARY

(c) HEARSAY

DOCUMENTARY

Non-Medical

• • dying deposition

• • narcotic’s reports

• • inquest report

• • dactylography

• • handwriting expert’s report

• • printing

• • pathological reports

• • publishing etc.

• • Medical Certificates 
    • • Sickness certificate
    • • birth certificate
    • • fitness certificate
    • • death certificate
    • • discharge certificate, etc.

• • Medicolegal Reports
    • • rape certificate
    • • PM report
    • • age certificate
    • • pregnancy certificate
    • • psychiatric certificate, etc.

• • Dying Declaration

Oral Evidence

Oral evidence includes all statements that the court permits or that are required to be made before it by witnesses regarding the matter of fact under inquiry.

It must be the evidence of a person who saw, heard, or perceived it by that sense or in that matter. Oral evidence is more critical than documentary evidence because it permits cross-examination. The court only on oral testimony by the person concerned accepts documentary evidence.

Exception to Oral Evidence:

1. Dying declaration

2. Expert’s opinion expressed in a treatise

3. Evidence of a doctor recorded in the lower court

4. Evidence given by a witness in a previous judicial proceeding

5. Evidence of mint officers

6. Report of particular Govt. scientific expert

a. Chemical examiner

b. Chief Inspector of Explosives

c. Director, Fingerprint Bureau

d. Director, Central Forensic Science Lab.

e. Serologist etc

7. Public Records

8. Hospital Records

Dying Declaration

It is a statement, written or verbal, made by a person to the bona fide authority who is dying as a result of some unlawful act relating to the material fact of the cause of his death or bearing on the circumstances.

Dying Deposition

It is a statement of a person under oath who is dying as a result of some unlawful act relating to the material fact of the cause of his death or bearing on the circumstances, recorded by the Magistrate in front of the accused or his lawyer, who is allowed to cross-examine the declarant. 

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