In the judicial system, medical evidence is influenced by expert opinion. In this Article we will be discussing the admissibility of medical evidence and the nature of such admissibility.
Those materials that bring proper and pertinent facts before the Court and with the aid of which the Court is convinced of these facts are defined as “evidence”. The evidence law classifies evidence as oral, documentary, and circumstantial proof of what is being alleged by the parties in a suit. When we talk about medical evidence, they are opinions of medical experts presented in court. A medical expert’s testimony shall be supported by scientific knowledge, ability, expertise, and personal experience is referred to as “medical evidence.”
Criminal trials which involve offences against the human body, medical evidence has a “decisive role” to play in that, and experts’ opinions should be accepted and justified by logic. The prosecution’s case is consistent with evidence that medical science can corroborate, thus there is no reason not to believe the eyewitnesses.
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Qualifications of medical expert:
He is a person who has specialised knowledge and expertise in a field that enables him to offer opinions and conclusions pertaining to the case. The medical expert witness is supposed to explain the standard of care in situations involving medical negligence and professional conduct and he shall be taught to be competent to be useful. The advice of experts shall be backed by evidence and compelling arguments.
Medical evidence and section 45 of Indian Evidence Act:
Section 45 of Indian Evidence Act states that medical evidence can be used to corroborate other types of evidence in India. In cases of crime against women, medical testimony is the crucial component of evidence. This section states that court’s need expert judgement on following matters. It is pertinent to mention that an individual’s opinion is only regarded as an expert opinion if they have experience in the subjects mentioned above.
Evidentiary Value of medical evidence:
The opinion of medical experts is not direct evidence. Expert testimony does not constitute substantive evidence, and it is typically used to either support or discredit oral testimony. The testimony of an expert is useful as advisory assistance to the court. Since the expert is not a witness of the facts, the court must evaluate the judgement impartially. The expert is never given the authority to make decisions; rather, they are made by the Court with expert’s assistance.
Magan Bihari Lal vs State of Punjab
It was held, “It is now well settled that expert opinion must always be received with great caution and perhaps none so with more caution than the opinion of a handwriting expert. There is a wealth of presidential authority that asserts it is dangerous to base a conviction solely on an expert’s view without strong supporting evidence. This guideline is now almost a rule of law because it is followed by everyone.
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