Relevance of Medical Opinion in Homicide Cases

Authors

  • Ashika Jain Student, Department of Law, West Bengal National University of Juridical Sciences, 12 LB Block, Sector 3, Salt Lake City , Kolkata, West Bengal, India

Keywords:

homicide cases, death causation, medical evidence, hazards of overreliance on medical experts ,physicians' credentials

Abstract

The paper investigates the role of medical opinion in homicide cases, especially under Indian law. When courts are confronted with complicated factual matters that are beyond their knowledge, they rely on the opinions of experts from diverse professions to interpret the evidence. Medical experts play an important role in homicide cases, describing complicated wounds and giving their knowledge to help judges comprehend the cause of death. The article addresses several research questions, including the acceptance of medical opinion on death causation, its impact on determining the accused's mens rea (guilty mind), the weightage given to medical opinion regarding murder weapons, and how courts deal with discrepancies between medical and ocular evidence. The article covers the advisory character of medical evidence, the hazards of overreliance on medical experts, and the necessity for courts to weigh aspects such as the physicians' credentials, competency, and prejudices. It emphasises the necessity of medical opinion in proving causality and evaluating the accused's mens rea, but warns against physicians' subjective judgements. The article continues by emphasising the courts' dependence on medical professionals to describe the nature of injuries and draw findings based on their knowledge, while also taking into account other important circumstances of the case.

References

1. The Indian Penal Code, 1860.

2. The Indian Evidence Act, 1872.

3. Nagindra Bala v. Sunil Chandra, AIR 1960 SC 706.

4. Periyasami Thevan v. State Criminal Appeal No. 44 of 1950.

5. Kusa v. State of Orissa Criminal Appeal No. 53 of 1974.

6. Govindaswamy v. State of Kerala Criminal Appeal No. 1584-1585 of 2014.

7. Virsa Singh v. the State of Punjab, AIR 1958 SC 465.

8. Rupinder Singh v. State of Punjab (2018), 16 SCC 475.

9. Machindra v. Sajjan Galfa Rankhamb and Ors. (2017) 13 SCC 491.

10. Kashmir Singh v. State of Punjab Criminal Revision No.1761 of 2015.

11. State of Kerala v. Sasi Criminal Appeal No. 611 of 2013.

12. Patel Hiralal Joitaram v. State of Gujarat, (2002) 1 SCC 22.

13. State of Kerala v. Sasi Criminal Appeal No. 611 of 2013.

14. Madan Gopal Kakkad v. Naval Dubey and another (1992) 3 SSC 204.

15. Dukhmochan Pandey v. State of Bihar, AIR 1998 SC 40.

16. Mahadeo Sahni v. State of Bihar Criminal Appeal Nos. 574-575 of 2000.

17. Baswantrao Bajirao v. Emperor (1949) 50 Cr LJ 181.

18. Ganga Laxman v. United State of Saurashtra, AIR 1951 Sau 17.

19. Thaman Kumar v. State of Union Territory of Chandigarh, AIR 2003 SC 3975.

20. Ishwar Singh v. State of UP AIR 1976 SC 2423.

21. Baliraj Singh v. State of MP (2017) 14 SCC 291.

22. Kartarey v. State of UP (1976) 1 SCC 172.

23. Krishnegowda v. State of Karnataka (2017), 13 SCC 98.

24. State of Haryana v. Bhagirath and Ors, AIR1999 SC 2005.

25. Ramanand Yadav v. Prabhu Nath Jha and Others (2003), 12 SCC 606.

26. Awadhesh v. State of MP AIR 1988 SC 1158.

27. Mafabhai Nagarbhai Rawal v. State of Gujarat, AIR 1992 SC 2186, 2188.

28. Ram Narain Singh v. State of Punjab 1975 Cri LJ 1500.

29. Sunil Dattatraya Vaskar v. State of Maharashtra, AIR 2009 SC 210 (214).

30. Amin Chand v. State of HP (1985), CrLJ 1450 (DB)(HP).

31. Budha Satya Venkata v. State of Andhra Pradesh (1994), Supp (3) SCC 639.

32. State of M.P. v. Sughar Singh (2008), 15 SCC 442.

33. Virsa Singh v. the State of Punjab, AIR 1958 SC 465.

34. Govindaswamy v. State of Kerala Criminal Appeal No. 1584-1585 of 2014.

Downloads

Published

2023-03-18

How to Cite

Relevance of Medical Opinion in Homicide Cases. (2023). National Journal of Criminal Law, 6(1), 19-26. https://lawjournals.celnet.in/index.php/njcl/article/view/1277

Similar Articles

1-10 of 59

You may also start an advanced similarity search for this article.