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Madras High Court· 19 August 2026

Must a medical witness verify the deposition before signing it and peruse the records he prepared before deposing?

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 witness must verify the deposition before signing it and must peruse the records he prepared before deposing.

Yes. A medical witness must verify the deposition before signing it and must peruse the records he prepared before deposing. Before attending Court the medical witness must go through the medico-legal reports prepared by him, and has a right under Section 159 of the Indian Evidence Act to refresh his memory from them during examination. (¶18)

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)

Headnote

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In the Court's own words
Paragraph 18Equally important is the duty to carefully read and verify the deposition before affixing their signature so as to ensure that it correctly records the evidence actually tendered before the Court. In fact, as per Modi's Textbook on Medical Jurisprudence and Toxicology, before attending the Court to be subjected to examination-in-chief and cross-examination, the medical witness must go through the medico legal reports etc, prepared by him so that he may not commit mistakes during his cross examination. Even during his examination in chief or cross examination, the medical expert, as a witness of the Court, has a right to refresh his memory under Section 159 of the Indian Evidence Act and wherever required, the medical witness must refresh his memory by perusing the relevant reports etc. prepared by him.
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 expert give evidence that is relevant, reliable, clear, honest and impartial, whichever side it supports?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