The Legal Status Of Post-Mortem Reports As Sole Evidence In Criminal Trails
- IJLLR Journal
- 8 hours ago
- 1 min read
Bhavajna Mutha, LLB, Uttaranchal University
ABSTRACT
Post-Mortem reports are pivotal in determining the nature and cause of death of an individual. The concepts of Mens Rea, Causation of Death, Doctrines of proximate cause and direct nexus comes into play in establishing various inter-related and unsettled questions. When a crime is alleged to be committed, the relation between the accused and the victim, the cause and nature of death and other crucial insights are to be understood by the adjudicating officer. While the court of law solely relies on evidence in such cases, it is imperative for a pathologist to draft a report also known as the “Post-Mortem Report” which serves as the expert opinion on such matters[4].
In this study, the analysis is grounded in a detailed reading of statutes and judicial decisions to understand how Indian courts have approached the use of post-mortem reports as evidence. Particular attention is given to the role of legal concepts such as mens rea, the chain of causation, and the closely related doctrines of proximate cause and direct nexus. The discussion also draws on examples from other jurisdictions to see how different legal systems safeguard against the risks of relying too heavily on such reports. The argument put forward is that clearer statutory direction and procedural checks are needed so that the exclusive use of post-mortem reports does not compromise the fairness of criminal proceedings.
Keywords: Post-Mortem, Pathologist, Etiological Factors, Post-Mortem Report, Doctor’s Opinion, Eye Witness Testimony, Mens Rea, Causation, Confrontation Clause.
