Journal of Indian Academy of Forensic Medicine
  • Year: 2014
  • Volume: 36
  • Issue: 1

Forensic Pathologist as Expert Witness

  • Author:
  • Bharath Kumar Guntheti
  • Total Page Count: 4
  • Page Number: 72 to 75

Assistant Professor, Department of Forensic Medicine, Mamata Medical College, Khammam, Andhra Pradesh, India. Email: bk62743@gmail.com

Online published on 7 May, 2014.

Abstract

A common witness is one who testifies only to the facts observed by him; his evidence requires only common intelligence and knowledge. He is not capable of forming of opinion or drawing conclusions from the facts observed by him. This principle is known as firsthand knowledge. Section 45 IEA deals with opinion of experts. An expert witness, or skilled witness, is one who is skilled in scientific, technical, or professional matters, and who on account of his professional training, experience, and ability, is capable of forming opinions, or drawing inferences an expert witness is especially skilled in Forensic Medicine, science or law, or art. Medico-legal expert, when mentions the nature of injuries and whether they were caused during life or after death, is an expert witness. Personally, the doctor abhors the vicious cross examination of some few trial counsels who resort to degrading the expert medico legal witnesswhen no other means are available to reduce the impact of his direct medical testimony.

Keywords

Indian Evidence Act, Expert Witness, Forensic Pathologist, Forensic, Law, Science, Art