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Describe the types of witness and the recording of evidence in court.

Forensic Medicine · 2nd Professional — Para-Clinical

Types of Witness

Type	Description and rules
Common (ordinary, lay) witness	Testifies only to facts personally perceived. May not give an opinion. A neighbour may say the deceased was lying in a pool of blood, but not that the wound was caused by a knife
Expert witness	A person specially skilled in a science, art or trade, whose opinion is admissible under BSA 39 (formerly IEA 45). A doctor, chemical examiner, ballistics or fingerprint expert. The court may accept or reject the opinion — it is advisory, not binding
Hostile witness	One who, from an improper motive, does not speak the truth or resiles from a previous statement. The court may then permit the party who called them to cross-examine their own witness — ordinarily forbidden. Being declared hostile is professionally damaging and may lead to prosecution for perjury
Child witness	Competent if the court is satisfied the child understands the questions put and can answer rationally; the oath may be dispensed with
Dumb witness	May give evidence by writing or by signs made in open court, which is treated as oral evidence

The expert differs from the common witness in three ways — the expert may give an opinion; the expert may refer to authoritative textbooks and to their own notes; and the expert may give evidence about facts they did not personally perceive, such as an opinion on a report prepared by someone else
The court is not bound by expert opinion, and where two experts differ the court decides. Medical opinion is advisory, and a doctor who presents it as conclusive misunderstands their role

Summons, Oath and Perjury

A summons is a document in writing, in duplicate, issued by the court, signed by the presiding officer and bearing the seal of the court, requiring attendance at a stated place and time. It is served personally, and the duplicate is signed as acknowledgement
A summons from a criminal court takes precedence over one from a civil court; where two criminal summonses conflict, the higher court and then the earlier-received one take precedence, and the doctor should inform the other court in writing
Disobedience to a summons is punishable; the court may impose a fine or issue a warrant of arrest. A doctor who cannot attend must apply to be excused in advance, with reasons, and not simply fail to appear
Conduct money — a sum tendered with the summons in a civil case to cover the witness's expenses. It may be refused as inadequate, and the witness may then decline to attend. NO conduct money is paid in a criminal case, where attendance is compulsory and expenses are reimbursed afterwards
Oath or affirmation — administered to every witness above 12 years of age, to speak "the truth, the whole truth and nothing but the truth"
Perjury is wilfully giving false evidence on oath, or fabricating false evidence, punishable under BNS 227 to 229 (formerly IPC 191 to 193) with imprisonment up to 7 years and fine. The prosecution requires a complaint by the court

CLINICAL PEARL

A doctor is not punished for being wrong; they are punished for being dishonest. An opinion that later proves mistaken, honestly held and reasonably reached, is not perjury — expert opinion is expected to differ. What is punished is a statement the witness knows or believes to be false. This is exactly why the safest position in the box is the truthful one, including "I do not know", which no cross-examination can dismantle.

Recording of Evidence in Court

Stage	Conducted by	Rules
Examination-IN-chief	The party who called the witness — usually the prosecution, for a doctor	Leading questions are not permitted. The witness narrates their findings
Cross-examination	The opposing party	Leading questions are permitted, and there is NO restriction on the scope — questions may go beyond what was said in chief. Its objects are to test accuracy and veracity, to elicit favourable facts, and to shake credit
RE-examination	The party who called the witness	Only to clarify matters arising in cross-examination; no new matter without the court's permission
Questions by the court	The judge	Any question, at any stage, on any matter

The deposition is read over to the witness, corrected if necessary, and signed by the witness and by the presiding officer. The witness should read it rather than sign it unread, since it becomes the record of what was said
Common tactics in cross-examination — putting a leading question inviting a yes or no where neither is accurate; quoting a textbook out of context; demanding a precise figure where only a range is possible; suggesting that a small omission in the report means the finding did not exist; flattery followed by a concession; and repeated questions on a trivial point to unsettle the witness
The answers to all of them are the same — take time, answer only what is asked, insist on qualifying where a bare yes or no would mislead, refer to your notes, and concede what is fairly put

Applied Aspects

Attend when summoned; failure to appear may lead to a fine or a warrant, and it damages the case and the doctor's standing more than any answer given in the box
Take the original records, including rough notes, and ask the court's permission to refer to them; an expert is entitled to refresh memory from contemporaneous documents
Address the judge, speak slowly, and use plain words; evidence that the court cannot record or understand has no value however accurate it is
Say "I do not know" when you do not know; it is a complete answer, it cannot be attacked, and attempting to bluff is how doctors are declared hostile or discredited
Never argue with counsel or with the court, and never show irritation; the object of some cross-examination is precisely to provoke it
Do not discuss the case outside court or express opinions to the press or on social media while proceedings are pending; this can amount to contempt and will certainly be used against the witness

All questions in Introduction, Legal Procedures & the Courts

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