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Mohamed Hashim   02 August 2017

Examination of doctor

I have read that when a doctor enters a court for examination , The Judge should examine him immediately . But, I can't find that judgement now. kindly help me


 5 Replies

Raveena Kataria (Advocate )     02 August 2017

Hi, I'm not too sure whether there's any such rule or judgement as to when the doctor is supposed to be examined. Generally any expert witness would be examined upon giving his/her testimony to the court so the judge can decide whether or not such evidence is admissible. Moreover, non-examination of a doctor would only lead to the acquittal of the accused (in most cases,) if the case of the prosecution is based solely/largely on just medical evidence.
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Mohamed Hashim   02 August 2017

Thanks sir. This case is a divorce case. An psychiatrist came to court today. He waited for a long time over there. Suddenly one advocate came and argued that doctor should be given preference over other cases .
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P. Venu (Advocate)     03 August 2017

A doctor's time is very valuable. Detaining him too long in the court would adversely affect the patients waiting for his consultation. Hence Rules of Practice provide that medical practioner's need be given facility to be examined out of turn when they appear in the court for deposition. 

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Mohamed Hashim   04 August 2017

Thank you sir.. is there any provision or ruling relating to this?

P. Venu (Advocate)     04 August 2017

You may refer to the Rules of Practice, civil as well as criminal, notified by the respective High Court. 

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