Duty of Doctor to attend Court of Law


A Doctor’s life is no easy. Treating patients, pacifying attendants, co-ordinating with colleagues, handling life and death situations, gathering resources in Emergency room, filling case sheets, forms, doing Police intimations and so on. The story does not end here, receiving summons from the court and making appearances in the court adds to his worry even more. There is hardly any doctor who has not received summons for appearing in the court to testify an evidence or to be an expert witness. Leaving your work, patients and spending entire day in the court room, handling typical courtroom questions is really a difficult situation to face. After all who likes being questioned, cross questioned and treated like an accused? With no training to answer the interrogations in highly formalized legal language, where framing changes the entire meaning, and prosecution and cross witness tries to put words in mouth to draw favor, it feels persecution. And what if you have changed the job or changed your location?
 In this article we will try and address the importance of Medical witness and power of court in case of non-appearance in the court of law. Also with advent of digitization role of video call in witness.
Medical evidence has always been sought by legal system to conclude cases having Medico-Legal angle. And the fact is that doctors have tried to avoid the situation. And even bitter answer it cannot be escaped.
In recent case of rape of a 10 year old girl in Chandigarh, the High court issued bail able warrant against the Emergency Medical Officer for not appearing in the court of law. Refer to the article in ET for reference
Now let us understand the role of Expert witness,
An expert witness is defined as a person especially skilled in foreign law, science or art, etc. who helps the court in forming opinion on that point. (Indian Evidence Act 1872 section 45).An expert witness, by virtue of education, profession, publication or experience, is believed to have special knowledge of his subject beyond that of the average person, sufficient that others may officially and legally rely upon his opinion. In general, witnesses may only give evidence of fact and not an opinion. An expert however, is permitted to offer his opinion as evidence.
The objective of the expert witness is to support the proper administration of justice and the early resolution of dispute through fair and unbiased expert evidence.

As a process the court issues summon which is to be acknowledged by the doctor or hospital authority. There are two kind of summons, one issued in the name of hospital or nursing home and the other issued in the name of EMO/Attending consultant. If the summon is name of the hospital it is obligation of the hospital to make representation in the court. But if it is in individual capacity, the doctor has to attend it. If he fails to attend on the first time he has furnish reason of absence on previous hearings under oath in the court of law, which if may found false the doctor may be prosecuted for the same. In case he fails to appear subsequently the court may issue bail able or non-bail able warrant based on the judicial powers and merit of the case.

The court has taken serious view of the time of the witness and issued guidelines on video witness. The link to the same is mentioned below and can be submitted as a request to the judicial officer.


Doctors have a huge responsibility and their witness have the authority to change the progress and outcome of any case.
Human progress is neither automatic nor inevitable... Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.
 Martin Luther King, Jr.

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