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INTRODUCTION
Medical evidence is mainly of two types, documentary and oral.

Documentary evidence may be either: (a) primary material in
writing, such as medical certi cates and reports made by doctors,
or (b) statements and depositions made directly in anticipation of
legal proceedings. The most important type of the latter are the
depositions made at magistrate's courts which may then be used
as evidence in trial at a higher court. These must be attested by the
magistrate in the presence of the accused and a certi cate added to
that e ect on the deposition (s 29, Code of Criminal Procedure
1973). If this is done, then the doctor may be spared attendance at
trial at sessions court, unless either party requires him to court be
present. Oral evidence is self-explanatory, being that which the
doctor gives in the witness-box at any type of court to the High
Courts.No matter in what form evidence is given, it is all of equal
importance as far as the doctor is concerned in that it must be
given impartially, truthfully and with due regard to the serious
nature of any legal proceedings. False certi cation or statements
given lead to disciplinary proceedings against the doctor by the
State or Indian may alte Medical Council.
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De nition Evidence means and includes
1.All statements which the court permits ot requires to be made

before it by a witness in relation to matters of fact under inquiry
(such statements are called as oral evidence).
2. All documents produced for the inspection of the court (such
documents are called as documentary evidence) .
Types of Evidence
1. Documentary evidence 2. Oral evidence

An oral evidence is superior to documentary evidence in trial
since the person has to prove on oath that the evidence is true and
is cross examined. However, a person giving documentary
evidences may also be called to give oral evidence as well .
Exception:-
(i) Dying Declaration.

(ii) Printed opinion of Experts, when the author is either dead or
stays at a very distant place, and to bring him it would mean
unnecessary loss of time and money.
(iii) Evidence previously given in a Judicial Procedure.
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(iv) Deposition of a medical witness in a Lower Court, if that is

properly attested by Magistrate.
(v) Chemical Examiner's Report is su cient. Personal attendance
is usually not necessary.
[These documentary evidences are accepted by the Court
without any oral evidence]
Documentary Evidence
It comprises of documents produced before the court

and includes:
1. Medical certi cate
2. Medico-legal report
3. Dying declaration etc.
1.Medical Certi cates:-These are the certi cates issued by the

doctor rregarding
1 illhealth (sickness certi cate), 2 unsoundness of mind, 3death
certi cate, 4birth certi cate, 5 tness certi cate etc.
2.Medico-legal Reports:-These certi cates are the simplest

forms of documentary evidence. Only certi cates given by
registered medical practitioners (RMP) registered with state
medical council are accepted in the cours of law as evidence
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Doctors should exercise due care while insuing such certi cates
Issuing a false certi cate is an o ense.Medicolegal reports are the
documents prepared and issued by doctors on the request of the
investigating o cer (Police of Magistrate),usually in criminal
causes such as assault, rape, munder exc,
Examples of such reports are.
1. Injury certi cate
2. Age Report
3. Postmortem report
4. Reports regarding examination of exhibits such as weapons,
clothes etc.
•Generally these reports are made of three parts viz.
1. Part I-Introduction (Preamble): Comprising of preiminary

data such as name of person, age, sex, address, identi cation
marks, date and time of esamination exc.
2. PartII -Examination Observation: Consisting of the

ndings observed and recorded by doctor and entered in the
report.
3.PartIII- Opinion ( Interference) : Consisting of opinion or

interference drawn by the doctor from the medical
examination.
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Dying Declaration
De nition:
A thing declaranion is a statement, verbal or written, mao sperson
ass as so the cause cause of of his death, or as to any of the
circumstances of the tramaction which resulted in his death
(Section 32 IEALWhenever such patients are admitted and who
are going to din, the doctor should call the Magistrate to record
dying declarationBefore recording the statement, doctor should
certify that the person is conscious and have sound mind (compos
mentis). If the dring person is serious and there is no time to call
the Magistrate, then doeror should record the dying declaration.
When doctor or Magistrate is not available, dring declaration
recorded by investigating o cer is also admissible under section
32 of IEA No oath is administered while recording & dying
declaration siner it is believed that the dying permon sells the
truthonly.Itisastatementordepositionmadebydyingperson
on oath.The Magistrate in the presence of accused or his lawyer
records it.
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Dying Deposition
The procedure of dying deposition is not followed in India.

Dying deposition has more value then dying declaration in the
court as it is recorded by the Magistrate in presence of accused or
his lawyer records it. It is a statement or deposition made by dying
person on oath.
CASE LAWS
● In the year 1983, the Supreme Court in the case of

ChimanbhaiUkabhai v. State of Gujarat1held that the
medical evidence that was put forth and examined by the
prosecution had a corroborative value thus declaring it
admissible.
● The apex court in the case of Santosh Prasad @ Santosh
Kumar v. State of Bihar2held that the accused cannot be
held guilty in an o ence of rape solely based on the
statement of the prosecutrix unless her testimony is sterling.
In the landmark judgement, the apex court went forward to
examine the statement or evidence provided by the
prosecutrix which eventually was not in terms with the
medical evidence provided by the medical practitioner.
1 MANU/SC/0150/1983
2 MANU/SC/0150/1983
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Therefore the Court considered the overall matter and dealt

with the issue of whether the accused can be held guilty
based on the deposition of the prosecutrix alone even when
the medical evidence do not support it and nor do the other
witnesses.From the above analysis we can visibly understand
that to prove the o ence of rape the medical evidence must
be corroborated by the evidence of the prosecutrix.
●In the case of Brij Bhusan v. State of UP3 the Court held
that in case of con ict between the nature of injuries and
other relevant evidence, the Court shall derive its own
conclusion if the medical evidence would not be su cient.
In further years, the court has also emphasized on the view
that if there is a con ict between two medical witnesses, the
one that goes with the direct evidence shall be taken into
consideration.
●The court has stated in the case of State of Haryana v.

Bhagirath & Ors4. that the viewpoint of a medical witness
shall not be the deciding factor in any case. The opinions of
the witnesses in case of an inconsistency must be given due
importance but not to the extent that it becomes a liability
to accept and enforce it.
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MANU/UP/0117/1978
4 MANU/SC/0362/1999
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● Pankaj Kumar v. State of H. P.5 Direct evidence found

reliable takes precedence over the opinion of the
medical expert opinion.
CONCLUSION
Medical evidence can be used as corroborating evidence in India,

as de ned by the Indian Evidence Act of 1872. Medical evidence,
which is considered expert proof, is a signi cant and necessary
aspect of the evidence, especially in cases involving crimes against
women. In criminal trials, expert evidence is unavoidable, so the
government has developed labs and other institutions in the
nation that provide scienti c services to the criminal court system.
So, the researcher may draw the conclusion that evidence and
witnesses are highly important and play a big part in the law when
it comes to giving justice.The most essential aspect in deciding if
the court will rule in favor of the prosecution or the defense is the
evidence heard by the court.
REFERENCE
●Forensic Evidence ( Law & Practice) :- S. P. Tyagi
●Medical Jurisprudence and Toxicology:- DR PC Dikshit
5 2010 cri LJ (NOC) 1171 (H.P.) (DB)

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1

Medical evidence is mainly of two types, documentary and oral.

De nition Evidence means and includes

1.All statements which the court permits ot requires to be made

1. Documentary evidence 2. Oral evidence

(i) Dying Declaration.

(iv) Deposition of a medical witness in a Lower Court, if that is

It comprises of documents produced before the court

1.Medical Certi cates:-These are the certi cates issued by the

2.Medico-legal Reports:-These certi cates are the simplest

•Generally these reports are made of three parts viz.

1. Part I-Introduction (Preamble): Comprising of preiminary

2. PartII -Examination Observation: Consisting of the

3.PartIII- Opinion ( Interference) : Consisting of opinion or

The procedure of dying deposition is not followed in India.

● In the year 1983, the Supreme Court in the case of

Therefore the Court considered the overall matter and dealt

●The court has stated in the case of State of Haryana v.

● Pankaj Kumar v. State of H. P.5 Direct evidence found

Medical evidence can be used as corroborating evidence in India,

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