Navigating The Role Of Post-Mortem Reports As Substantive Evidence In Indian Legal System
- Indian Journal of Law and Legal Research
- Feb 20
- 2 min read
Steffi Lakra, BA LLB, National Law University, Delhi
ABSTRACT
The judicial landscape surrounding post-mortem reports as substantive evidence in criminal cases presents a critical area of inquiry in Indian jurisprudence. Recent Supreme Court rulings highlight the limitations of relying solely on post-mortem findings, emphasizing the necessity of comprehensive expert testimonies to establish culpability or innocence. Therefore, it is important to delve into the significance of post-mortem reports within the broader context of criminal trials, particularly focusing on their admissibility, evidential weight, and the court's assessment of conflicting medical opinions.
The primary objective of this research is to critically analyze the legal status of post-mortem reports and their role in shaping judicial outcomes. By examining landmark judicial precedents, including the notable case of Ghulam Hassan Beigh vs. Mohammad Maqbool Magrey, this study will elucidate the evolving understanding of medical evidence in courtrooms. Additionally, the research aims to identify the challenges faced by legal practitioners when navigating the intricacies of expert medical opinions, particularly in cases where such opinions may conflict with direct evidence.
To achieve these objectives, a qualitative methodology will be adopted, encompassing a thorough review of relevant case law, statutory provisions, and scholarly articles. This examination will include a detailed analysis of the procedural aspects governing the admissibility of post-mortem reports, highlighting the legal standards and evidential thresholds required for such documents to be considered substantive evidence. Furthermore, the study will investigate the common pitfalls in medico-legal investigations that may compromise the integrity of post-mortem reports, such as inadequate standards of practice and reliance on unsigned or incomplete documentation. By addressing the interplay between medical evidence and direct eyewitness testimonies, this research will contribute to the discourse on the reliability and credibility of post-mortem reports. The research work is expected to lead to more valuable insights into the need for enhanced forensic standards and rigorous scrutiny of expert opinions in the pursuit of justice.
Comments