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Madras High Court· 19 August 2026

Must a medical expert give evidence that is relevant, reliable, clear, honest and impartial, whichever side it supports?

Nambu Kaleeswaran v. The State of Tamil Nadu
CRL MP(MD).5823/2025 · 2026:MHC:3390 · Crl.A(MD) No.778 of 2023
Coram: Justice B.Pugalendhi
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Answer

A medical expert must give evidence that is relevant, reliable, clear, honest and impartial, whichever side it supports.

Yes. A medical expert must give evidence that is relevant, reliable, clear, honest and impartial, whichever side it supports. The objective of medical evidence is to assist the Court in discovering the truth, and the expert is expected to state the truth irrespective of whether the evidence ultimately supports the prosecution or the defence, giving a definite opinion with reasons rather than sitting on the fence. (¶16, 17)

Headnote

Protection of Children from Sexual Offences Act, 2012 — s.27 — Indian Evidence Act, 1872 — ss.45, 159 — Medical evidence — Expert witness — Wound Certificate — Suspension of sentence — Indian Evidence Act, 1872 — s.45 — Medical expert — Duty to depose objectively — Held: A medical expert occupies a position of trust and must give evidence that is relevant, reliable, clear, honest and impartial, whether it supports the prosecution or the defence. (¶16, 17) Indian Evidence Act, 1872 — s.159 — Refreshing memory — Verifying the deposition — Held further: A medical witness must peruse the records prepared by him before deposing, may refresh his memory from them, and must verify the deposition before signing it. (¶18, 20) Protection of Children from Sexual Offences Act, 2012 — s.27 — Wound Certificate — Nature of injuries to be recorded — Held further: A Wound Certificate that records no extent or nature of injury and no method of examination falls short of what is required. (¶21) Protection of Children from Sexual Offences Act, 2012 — Medico-legal proforma — Mandatory use directed — Held further: The revised Ministry proforma for medico-legal examination should be mandatory in sexual violence cases, form part of the Accident Register and be marked as an exhibit. Petitions dismissed with directions. (¶23, 25)

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In the Court's own words
Paragraph 16As provided in Modi's Textbook on Medical Jurisprudence and Toxicology, the objective of medical evidence is to assist the Court in discovering the truth. A medical expert is expected to state the truth, the whole truth and nothing but the truth, irrespective of whether such evidence ultimately supports the prosecution or the defence. The evidence tendered by an expert must be relevant, reliable, clear, honest and impartial. As far as possible, they should provide a definite opinion with reasons and should avoid sitting on the fence.
Paragraph 17An expert witness occupies a position of trust. The privilege of assisting the Court carries with it a corresponding responsibility to provide objective, accurate and consistent testimony before the Court. Even an inadvertent lapse by the medical expert while testifying creates avoidable confusion, prolong judicial proceedings and also affects the rights of either the victim or the accused. Therefore, the medical professionals who appear before Courts as expert witnesses must exercise a high degree of care while giving evidence.
Acts & Sections
s.27 Protection of Children from Sexual Offences Act, 2012s.45 Indian Evidence Act, 1872s.159 Indian Evidence Act, 1872

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Also decided in this judgment
Must a medical witness verify the deposition before signing it and peruse the records he prepared before deposing?Does a Wound Certificate that records no extent or nature of injury and no method of examination fall short of what is required?Must the revised proforma for medico-legal examination in sexual violence cases form part of the Accident Register and be marked as an exhibit?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections