Medical evidences in India are used by investigating agencies to prove the guilt
of the accused. The medical and scientific evidences can play a major role in
identifying the accused and proving his guilt. These evidences are mainly
corroborative pieces of evidences.
The expression "evidence" means "oral or
documentary or circumstantial proof of the allegations in issue between the
parties in a legal proceeding". "Medical evidence" means a proof given by
medical expert, which is based on his scientific knowledge skill and personal
The knowledge of medical professionals has always been essential in
criminal justice. A doctor's opinion helps courts decide a variety of matters.
Medical evidence is inevitable, especially in the case of certain crimes against
women or the death of a person. The medical evidence presented by the
prosecution is of great probative value.
The prosecution is consistent with
medically verifiable facts, as it proves that the injuries may have been caused
in the manner alleged and the deaths may have been caused by the injuries, there
is no reason not to believe eyewitnesses. In this paper, therefore, researchers
will discuss the importance of medical evidence in criminal cases and the nature
of crimes, particularly the techniques used to detect crimes against women.
will explain in detail in comparison with the testimony of house witnesses and
witnesses' eyes. To this end, the researchers intend to rely on the judgments of
the Supreme Court of India and various High Courts of India relating to medical
and forensic evidence.
In certain judicial proceedings, the defendant admits to being insane or
minority. The age of the kidnapped person or raped girl is always at issue in
kidnapping and rape cases. In all these cases, a medical report must be
submitted to prove mental illness and minority status. In the case of rape, in
addition to being a minor of the girl, a medical report is also submitted to
confirm the fact of rape.
However, the probative value of an expert opinion is
not binding because the court has discretion to accept or reject it. This
discretionary power in the hands of the Court arises from Section 45 of the
Indian Evidence Act, 1872 which, theoretically, gives a lesser degree of
importance to expert evidence by terming it as merely corroborative in nature.
In Chimanbhai Ukabhai V. State of Gujarat
, 1983, the supreme court observed, The
medical evidence adduced by prosecution has great corroborative value. It proves
that the injuries could have been caused in the manner alleged and the death
could have been caused by the injuries so that the prosecution case being
consistent with matters verifiable by medical science, there is no reason why
the eye-witnesses should not be believed.
Unless, however, the medical evidence
in its turn goes so far that it completely rules out all possibilities
whatsoever of injuries taking place in the manner alleged by eyewitnesses, the
testimony of the eye witnesses cannot be thrown out on the ground of alleged
inconsistency between it and the medical evidence. "
SEC 45 of Indian Evidence Act, 1872
Sec 45 of Indian evidence Act, 1872 states that, "When the Court has to form an
opinion upon a point of foreign law or of science or art, or as to identify of
handwriting or finger impressions, the opinions upon that point of persons
especially skilled in such foreign law, science or art, or in questions as to
identify of handwriting or finger impressions, are relevant facts." Such persons
are called experts.
The careful reading of the section gives us a vague idea about who is an expert,
by the words - the persons especially skilled. No explicit reference to qualifications,
experience or special achievements. However, particularly competent means that
the specialist is technically competent and has sufficient expertise.
Who Is An Expert
An expert is someone who is taught through experience and is called an "expert".
Witnesses are generally not allowed to say what they think or believe, so their
opinions are irrelevant to judicial investigations, but they may be subject to
certain specific circumstances requiring special knowledge of the subject matter
in question. In matters, the opinion of a person with special study, training or
experience is acceptable. evidence. An expert's opinion in a criminal case is
only a small part of the total evidence that a judge decides to evaluate.
Experts are not observers of reality. His proof is truly advisory in nature. The
expert witness's duty is to provide the judge with the essential logical
criteria against which to check the correctness of the conclusion. Case.
In Awadhesh v. State of M.P
. (1988) the Supreme Court Chief Justice again
stated: "Medical reports are not always final and binding."
Importance Of Medical Evidence
The interplay of medicine and law has played a decisive role in recent years.
Medicine reveals how a person's death is caused, how injuries are caused, and
law prosecutes those who kill or injure others. According to our legal system,
autopsy reports, wound examinations, chemical analyses, and expert opinions are
admissible as evidence in court. Today, medical evidence is becoming more and
Medical evidence includes medical examination reports, chemical
analysis reports, serologists, DNA, etc. A doctor's opinion helps courts decide
a variety of matters. Medical evidence is essential, especially if a person has
died. Medical evidence is usually corroborative evidence (Anon 2013). Expert
evidence alone cannot convince a court beyond a reasonable doubt that a
particular person is guilty.
If medical personnel are called as expert
witnesses, their testimony is not direct evidence of how the injury in question
was inflicted and must not testify to the facts. He is only stating his opinion
on how it was most likely caused. It is only to the extent that it can be given
weight or contradicted the evidence, precluded the possibility of injury in
question, and the method asserted by the witness.
Value Of Medical Evidence
Expert opinion should be approached with care and caution. However,
conscientious professionals naturally have biases in favor of those who rely on
them. He is often called upon
by one party simply because he is judged to represent the views that best suit
his interests. Because medical evidence is not direct, the value of such
evidence depends on whether it supports the direct evidence of eyewitnesses,
gives them weight, or supports that evidence, and the injury exists only in the
contract to exclude the possibility of it arising in such manner. claimed by
these witnesses. A doctor's opinion carries a lot of weight, but you can refuse
it if you have a good reason.
Since medical evidence plays an important role in criminal cases, the opinion of
experts from all fields should help the court to easily determine the nature of
the crime and the guilt of the defendant. Expert testimony produced by the Court
helps courts decide on a variety of issues, especially crimes against women and
the death of a person.
Importance Of Medical Evidence In Criminal Cases
In manslaughter and personal injury trials, the cause of death, bodily injury,
mortal or bodily injury, the weapon likely to be used, the effects of the
injury, drugs, poisons, the effects of wounds, and death in the ordinary course
of nature, duration of injury, and estimated time of death. Medical knowledge is
specialized knowledge. Ordinary people may not be able to acquire medical
knowledge without proper education and training.
The knowledge of medical
professionals has always been essential in criminal justice. A doctor's opinion
helps courts decide a variety of matters. Medical evidence is essential,
especially if a person has died.
Medical Evidence And Scientific Techniques
Medical evidence and scientific methods are also used by investigative agencies
to prove the guilt of defendants. Given current scientific developments, medical
scientific evidence can play a large role in identifying an accused person and
proving his guilt. scientific evidence cannot be easily dismissed in court.
the same time, courts must consider under what circumstances scientific expert
evidence should be admissible. If the nature of the question submitted to the
court is such that it is not necessary to collect scientific evidence, the court
may not allow such evidence.
Therefore, medical evidence is not direct evidence.
"Medical Evidence" means evidence provided by a medical professional based on
scientific knowledge, skill and personal experience (International Journal of
Applied Research n.d.). However, such expert opinions are opinions only, unless
cross-examined in court and admitted as evidence in court. A medical
professional's opinion cannot override the testimony of a respected independent
As to the issue of discrepancies between medical and visual evidence,
the law firmly states that oral
evidence takes precedence unless the available oral evidence completely
contradicts the medical evidence.
When there is a discrepancy between medical
and physical evidence, eyewitness ophthalmologic testimony has greater probative
value compared to expert evidence. Type of weapon, use of weapon, nature of
injury caused, expected duration, etc. In that case, medical evidence plays an
important role. Enough to discredit the whole case if not rationally explained.
In State of H.P Vs Jai Lal
(1999), the court ruled that the report was
inconclusive and not subject to court proceedings.
Scientific evidence plays an important role in courts, but courts can also
demand better scientific evidence with improved ways to correctly interpret
results. Evidence of this can be found in all relevant medical records from the
facts. The court will review the contents of the report. During the presentation
of evidence, courts and attorneys can engage experts to conduct research. Courts
can encourage experts to admit and propose new evidence in court.
Evidence of various medical and scientific or professional skills:
- Blood Stain
- DNA Test
- Narcotic Analysis Test
- Blood Test
The autopsy report indicates approximate time of death as determined by
observing rigor mortis, coroner's report, degree of body heat and putrefaction,
bladder and stomach contents, etc. Helps determine time of death. If the Medical
Officer verifies the veracity of the recording, the recording itself will be
treated as evidence. A coroner's report is not admissible as evidence unless
verified by a coroner's court hearing to corroborate the evidence in his or her
In Gafur Shaikh V. State
, as permitted by law, the coroner's report is used by
the doctor who performed the coroner to refresh his or her memory while
testifying in court. In this case, no evidence was presented that the postmortem
report was admissible under any of the relevant provisions of Chapter 2 of the
Evidence Act. The judge erred in law by treating the postmortem report as
material evidence in this case without any basis for the applicability of the
relevant provisions of Chapter 2 of the Evidence Act.
Bloodstains are searched at the scene of murder, assault, traffic accident,
abortion, rape and other crimes in which the victim or defendant is injured.
Weapons such as the corpses and clothing of victims and perpetrators, vehicles
and their parts, and broken glass. Send your blood to a specialist immediately.
Otherwise, it will decompose over time and change rapidly.
When rapes are
committed against women, little direct evidence is available. Especially in the
case of his wife's murder, the crime is committed again within the four walls of
In such cases, medical evidence plays an important role. In the
absence of direct evidence. A woman's vulnerability is such that her caregiver
can benefit from his position and she becomes a victim of his violence. He
enthusiastically submits a case, but the prosecution's claims weaken.
In the Kathua Rape Murder Case
(2018), an 8-year-old girl was raped and murdered
after being held for a week in a temple in a small village in Kathua District.
With no direct evidence of her accused's guilt, she was brutally raped.
Therefore, the court immediately ordered a forensic examination of the victim's
body. An autopsy revealed the presence of clonazepam in the dead girl's body.
examination by her doctor revealed that the girl had been sedated prior to the
rape and murder. Forensic evidence showed that she had been held for several
days by Sanji Lam, one of those accused of the crime. A lock of hair recovered
from her temple matched one taken from the girl. Did. A forensic examination
revealed that Bano had been raped, had her strangled to death, and had been
repeatedly hit on the head with a heavy stone by another man.
laboratory in Delhi found 14 pieces of evidence against her, including vaginal
swabs, hair, blood samples from the four defendants, the internal organs of the
dead girl, the girl's dress and salwar, plain clay, and blood-stained clay.
Analyzed packets. A vaginal swab matched the defendant's DNA, as did several
Her hair, which was found at the temple where Asifa was raped,
matched that of the girl and the defendant. Eight people were arrested and
charged with the crime based on medical evidence. Certain crimes against women,
especially rape, require medical evidence.
It is the biological blueprint of life. DNA profiling is used to identify
individuals and their lineages, as DNA fingerprinting profiles are unique to
each individual. This technical device is used to identify individuals in
criminal and civil cases. The main advantage of this device is that the test can
be performed on small samples and can accurately identify the original with a
high degree of certainty.
It shows the same genetic patterns regardless of the
biological material such as hair, semen stains, fresh blood, soft or hard
tissue. These tests are very useful in various criminal investigations related
to crimes such as rape, murder, kidnapping, and babies. Swapping, infanticide,
newborn abandonment, illegal abortion.
Narco Analysis Test
These are scientific tests that minimize physical harm to the accused or
affected person. In microanalysis, a person is put into anesthesia by injecting
a drug. The drug-induced subject/person is then asked questions that are
normally assumed not to lie. The information collected in a lie detector test is
information that the accused personally knows. In some cases, this evidence can
be used in court to prove the defendant's guilt.
In Noida Double Murder (2008), the case involved Aarushi Talwar, a 13-year-old
girl, and her 45-year-old Hemraj Banjade, a live-in domestic worker employed by
her family in Noida, India. related to the unsolved murder of the two were
killed in Arashi's home on the night of May 15-16, 2008. The incident attracted
public attention as a crime story and was picked up by many media outlets.
Sensational media coverage, including lewd allegations against the suspects, has
been criticized by many as a media trial. When Aarushi's body was found on his
May 16th, the missing servant Hemraj was considered the prime suspect. But the
next day, his partially decomposed body was found on the patio. The police
apparently suspect Talwar's parents.
The case was then referred to his CBI, who acquitted the parents and brought
Talwars' assistant under suspicion. During the interrogation of the three men,
the CBI suspected he murdered Aarushi and his Hemraj as witnesses after they
attempted sexual assault. The CBI indicted the parents for the death penalty and
put them on trial.
The purpose of doing a blood test is usually to find a kinship or connection
between people. It has great evidential value in court and is commonly used for
paternity, maturity and personal identity. Blood typing is the perfect test for
determining the paternity of a child in dispute and can be used by courts as
In Anuj Alias Anu and Anr. Etc. vs State of H.P.
(1999), the opinion that it
does not make a general allegation that it is the defendant's weapon or
Handwriting is studied according to scientific principles by handwriting
experts, so-called calligraphy experts. A person's identity can also be verified
by comparing handwriting. First, the defendant's approved writings are obtained
for comparison with the pending writings.
A person familiar with a particular
person's handwriting, or a handwriting expert qualified to compare handwriting
on a scientific basis, has the right to testify in court. A court may also
compare a document created in its presence with another document recognized as
that of the same person.
Fingerprint evidence may not be as well-known as other high-tech crime-solving
methods such as DNA typing, but it is still very commonly used in criminal
investigations and cases. In Mohd. Aman, Babu Khan And Another vs State Of
Rajasthan (1997), the High Court upheld Mohd. Aman conviction. Aman's
fingerprints were found on a brass jug in the deceased's home.
The science of photography includes microphotography, the combined science of
astrology and cameras, allowing us to see small cues that are invisible to the
normal eye. This technology allows you to look for hairs, fibers, dust particles
and holes in paper. Video cameras help to obtain irrefutable evidence of a case
and the roles of perpetrators and police in illegal gatherings, bribery, etc.
The device provides courts with a clear picture of the crime.
Therefore, this chapter clearly describes the value of various scientific
methods and developments based on medical evidence. As a result, medical and
scientific evidence can play an important role in identifying an accused person
and proving his guilt. Evidence cannot be easily dismissed in court.
Medical Evidence And Ocular Evidence
A medical expert's opinion cannot override the testimony of a respected
independent witness. However, in the event of a conflict between the two,
medical evidence prevails. If medical and oral evidence disagrees with other
oral versions of the nature of the attack, type of weapon, use of weapon, type
of injury caused, expected duration, etc., medical evidence can help.
A key role
is enough to discredit the entire case, unless it is reasonably explained. Thus,
eyewitness testimony cannot be dismissed solely because it is inconsistent with
medical evidence. Medical evidence to the contrary is not acceptable if the
witness is credible.
In Brij Bhushan v. State of U.P
(1957), the court has ruled that, in appropriate
cases, it can reach its own conclusion that the medical evidence is
insufficient, given the nature of the injury and other relevant evidence.
- In a criminal case, the prosecutor presents evidence to prove the defendant's guilt, and the judge renders the appropriate verdict.
- There is an important commonality between these two processes of hers, and that is expert testimony or proof of expertise.
- This evidence was presented to the court by experts such as medical expert must be of great importance.
- Medical professionals must be very important.
In India, medical evidence may be considered corroborative evidence granted by
the Indian Evidence Act, 1872. Medical evidence is considered evidence of
opinion and plays an important and integral part of the evidence, especially in
cases of crimes against women.
Because expert opinion is essential in criminal cases, the government has
established laboratories in the country and other agencies in the country
provide scientific services in criminal justice. Therefore, researchers can
finally conclude that evidence and witnesses are sorely needed to ensure fair
justice and hold a very important place in law.
With the help of evidence, the judge makes a decision. The evidence heard by the
court is the most important factor in determining whether a judgment favors the
prosecution or the defense.