Medico-Legal Aspect of Death and Evidentiary Assessment of Post-Mortem Report in Criminal Investigation & Trial

Abstract

Medical science plays an important role in criminal justice system. It is very helpful in deciding the guilt of a suspected accused. It ascertains diverse facts in a case by scientifically testing various types of evidences collected during criminal investigation. A Prosecutor or a Judge is an expert in the field of law but may lack in-depth scientific or technical knowledge. Therefore, expert opinion of scientists and doctors are invited by the courts. 

In many cases of death, the determination of time, cause and form of death are important.  The postmortem examination report becomes a crucial as evidence on which the entire case is depended. As an evidentiary rule, the judicial approach is tented towards accepting medical evidence only in case of consistency with the prosecution case. If the fact is to be ascertained by medical examination like postmortem report, it must be inevitable evidence and must be accepted intact. The equivalent importance should be given to Medical Expert conducting autopsy and issuing post mortem report and the said report should have the same evidentiary assessment as in case of Government Scientific Experts.