Wound Certificate:

The wound certificate is a copy of the entries in the accident register and the opinion of the doctor regarding the nature of the injuries and their probable cause. It is admissible only when proved by the evidence of the person giving it, apart from the special authority like Section 291 of the Criminal Procedure Code, 1973.

The post-mortem certificate occupies the same place as the wound certificate. It is an elaborate record summarizing the earliest facts observed by the doctor during the autopsy, with the opinion as to the cause of death and instructions regarding any further action that may be necessary in the circumstances of the case. A post-mortem report is not evidence. The person who has made the report can use it to refresh their memory while giving evidence, but the report itself is not admissible in evidence.

The post-mortem report becomes evidence when the medical officer enters the witness box and verifies its correctness. The post-mortem report can be used as a record of what the doctor observed during the autopsy examination for the purpose of corroboration or to contradict whatever they might say in the witness box.

A certificate issued by a medical officer is not admissible in evidence. A copy of a letter from the civil surgeon containing expressions of his opinions regarding the nature of the injuries is not admissible in evidence as it is extrajudicial. A Sessions Judge is not competent to permit a medical officer to describe the post-mortem appearances merely from the knowledge acquired by him from a perusal of the notes made by another medical officer.

Section 294 of the Criminal Procedure Code, 1973, contains a new provision regarding the admissibility of the notes of evidence of any document of a formal character without the necessity of a signature. An elaborate provision has been made that documents, the genuineness of which is not disputed, need not be proved. To secure this purpose, each party shall be required to produce a list of documents and require the opposite party to admit or deny their genuineness.

Written By: S Kundu & Associates
Email: [email protected], Ph No: +9051244073