Evidentiary Limitations Of Post-Mortem Reports In Indian Criminal Trials
- IJLLR Journal
- May 8
- 1 min read
Sagara Sachin, Christ (Deemed to be University), Pune, Lavasa
ABSTRACT
The use of post-mortem examination reports (“PMRs” or “post-mortem reports”) in Indian criminal trials presents complex evidentiary questions. Though an autopsy report is treated as expert evidence under Section 45 of the Indian Evidence Act, 1872 (IEA), Indian courts have long cautioned that a PMR “alone... is not a substantive piece of evidence”. In practice, PMRs generally serve to corroborate or supplement other evidence (such as dying declarations and witness testimony) rather than conclusively establish the facts. This paper examines the development of the law on PMRs, including statute and case-law, recent judicial trends (2022–2026), forensic reliability concerns, and comparative and constitutional perspectives. It concludes with critical observations and reform suggestions to clarify and improve the probative use of post-mortem evidence.
