• Medico legal certificate in domestic violence case

i want to know in how many days a medico legal certifaicate can be issued in case of a visible injury marks in a domestic violence case. complaints were filed back in january but there was no visible iinjury.my husband again abused me and there are visible injuries. do i have to file a fresh compalint in order to get a medico legal certificate issued from civil hospital. is it imperative to file a case as the mlc has been issued or the case can be filed later any time?
Asked 2 years ago in Family Law from Faridabad, Haryana
Religion: Hindu
1. there is no such separate provision for issuing medico legal certificate. if you visit a public hospital?OPD the treating doctor would issue the medical certificate stating the reason of injury on the body of it.
2. You can visit the hospital as many times as you want provided in each such occasion there is fresh injury,
3. Only in the vent of grave injury making the victim unconscious the Police comes into play.
4. No such certificate can be issued in the case of old injury , more so, the wound is not visible any more.
Devajyoti Barman
Advocate, Kolkata
6430 Answers
71 Consultations
4.9 on 5.0
1) visit   got hospital . doctor after examination will issue medical certificate as to nature of injuries . if there are no visible marks of any injuries doctor wont issue any certificate 

2)if you have been physically assaulted again obtain fresh certificate as to nature of injuries from doctor 

3)it is better you file complaint of domestic violence before magistrate court as soon as possible 

4) rely upon medical certificate issued and obtain a protection order against your husband .
Ajay Sethi
Advocate, Mumbai
25994 Answers
1414 Consultations
5.0 on 5.0
1) you can consult a private doctor and obtain certificate as to nature of injuries . 

2) it is always better to obtain certificate from govt hospital if you want to file case later on 

3) you can lodge a police complaint against your husband if he has physically assaulted you . it will help in case you later desire to pursue any legal proceedings against your husband
Ajay Sethi
Advocate, Mumbai
25994 Answers
1414 Consultations
5.0 on 5.0
1. Yes, private doctor's certificate is also a valid one but public hospital is preferable.
2. You can wait for the time being and ater file the DV case. it is never too late until the Board examination is over.
Devajyoti Barman
Advocate, Kolkata
6430 Answers
71 Consultations
4.9 on 5.0
1. No medico legal certificate is issued by any body. Doctor records condtion of the patient while arriving wherein the fact is recorded in the prescription,

2. Such prescription ( on request the doctor may issue medical certificate about the injuries) issued by a doctor working with a Govt. Hospital is accepted by police as valid evidence of injury and what caused such injuries,

3. Wheever, you are injured due to the assaulted by your husband, you should collect such medical report/prescription and lodge a police complaint immediately,

4. Such prescription/report will be issued immediately by the said doctor.
Krishna Kishore Ganguly
Advocate, Kolkata
13151 Answers
280 Consultations
5.0 on 5.0
1. Police will not act based on the prescription/report issued by the doctors working with pvt. hospitals,

2. Collect it from the doctors working with Govt. Hospital,

3. Lodge a police complaint attaching copy of the said medical report,

4. Police will act now.
Krishna Kishore Ganguly
Advocate, Kolkata
13151 Answers
280 Consultations
5.0 on 5.0
Dear Querist
It will be better to contact police and get MLC with all the remarks on injuries and this document is also more strong as private doctors certificate.
Nadeem Qureshi
Advocate, New Delhi
3717 Answers
140 Consultations
4.9 on 5.0
1. Doctors do not issue medico legal certificate. 

2. The certificate from the doctor is a statement of the nature of injuries found present on the body after the examination. 

3. If you are a victim of assault then get yourself examined by a doctor who will issue the certificate if any injuries are revealed in his examination.

4. On the basis of the certificate from the doctor the police will lodge the FIR.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
1. Private doctors can also issue a prescription. A certificate issued by a private doctor can also be the basis for the police to proceed against a person. 

2. However, it is advisable to obtain the prescription from a govt doctor.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

Ajay Sethi
Advocate, Mumbai
25994 Answers
1414 Consultations
5.0 on 5.0
T Kalaiselvan
Advocate, Vellore
16352 Answers
153 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
13151 Answers
280 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
6430 Answers
71 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3717 Answers
140 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2960 Answers
45 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
944 Answers
63 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1986 Answers
23 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1353 Answers
93 Consultations
5.0 on 5.0