July 2, 2014

What is value of "Post Mortem" report in Court? - it just an opinion by one doctor which can be refuted by another doctor

Once, for a case, I searched in Web to find Guidelines by Indian Medical Association as to how Post-mortems are to be conducted by doctors.

But I could not find any guidelines.

Value of Postmortem Report in Court

It is just an opinion of a doctor who may have examined dead body of a victim. He may have written down details in a format... But it is still an personal opinion.

Another Doctor can always come in witness box to refute opinion given by Doctor who conducted post Mortem report.

What I am trying to say is this:

1) There is no Form of Post Mortem Report prescribed in Criminal Procedure Code.

2) There is no provision in Indian Evidence Act that whatever is said by a doctor or doctors in postmortem report shall be final.

3) Every item in a postmortem report is subject counter evidence by other doctors.

4) Postmortem report is just a personal opinion of one doctor.

Haresh Raichura
2/7/2014