Abstract

“Innocent until proven guilty” – according to this statement an accused need to be proven guilty of his offences by proving valid evidences in court of law. The medical evidences play a huge part in proving the guilt of the accused and lead the investigating authorities to the truth. There are experts needed in every field, to study in the field of cases they are specialised in, expert skill or knowledge in a particular field is necessary to prove an evidence valid and the same way experts are needed to prove the evidence and to study facts right in criminal cases also so that medical evidence need to prove right and justified. In Indian judicial system, expert opinion leads to administration of justice. Medical evidence is categorised as evidence of opinion which is relevant under section 45 of Indian Evidence Act, 1872. Some facts are, Injuries, Whether the injuries are Anti – mortem or Post – mortem, the probable weapon used in causing injuries and hurt, the effect and outcome of injuries, consequences of injuries, whether they are sufficient in the ordinary course of nature to cause death of a person, the duration of injuries, the no. of stabs and the probable time of death, cause of death, plea of unsoundness of mind, determination of Age etc. Further, it Has been held by the court of law that “a certification by the doctor is essentially a rule of caution and therefore the voluntary and truthful nature of the declaration can be established otherwise” in any case of death declaration by victim himself. This paper deals with the explanation of medical evidence and it’s admissibility of medical evidence in Indian court of law.

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