• Witness

I am a doctor. Examined a injury case 7 year back, for which now called to court for giving witness. I forgot every thing about the case. Initially pp gave me a bunch of papers to see. Among it i found my prescription which I gave to patient mentioning details of injury and treatment given. In it no mention of how injury occurred, who caused the injury, etc. The lawyer asked me whether I asked abt how injury occurred, and who caused the injury. As nothing was written on my prescription about this i said I didn't asked. Later the lawyer showed a Xerox copy of a letter which I wrote to oc in charge of police station, mentioning the details of how injury occurred, and who caused the injury etc. But as these were not shown to me by court initially , and it was a Xerox , i said I can't recognize. 
Whether I will be charged of giving false witness?
Asked 1 year ago in Criminal Law from Kolkata, West Bengal
Religion: Hindu

1. No in case you don't remember recall something you can be hostile witness but you cannot be charged for this. Dont worry there shall be no proceedings against you for this.

Shubham Jhajharia
Advocate, Ahmedabad
21308 Answers
83 Consultations

5.0 on 5.0

Firslty, when someone has been called for the witness then there must be prior involvement of the same should be there as no body would be able to answer after so many years.

Secondly, no you can’t be prosecuted for giving false statements.

Thirdly, as it is not possible for person to remember after so much of time left.

Fourthly, in fact they have made mistake for waiting that much of time.

Sanjay Baniwal
Advocate, South Delhi
4966 Answers
11 Consultations

5.0 on 5.0

You would not be charged with giving false evidence

You don’t remember the details after lapse of so many years

Ajay Sethi
Advocate, Mumbai
69583 Answers
4181 Consultations

5.0 on 5.0

From your word it self reveals that you are not hostile in this case. It is your duty to ask why the injury happened or occurred( at the time of a person met you for treatments). Even though your answer is apt for situation. (I didn't asked and I can't recognize. ) . So you are not prosecuted further for false witness

Ajay N S
Advocate, Ernakulam
3190 Answers
66 Consultations

5.0 on 5.0

1. Do not worry as failure to recollect an event during examination in court is no offence.

2. It is true that the cross examination a witness can be confronted with document to test veracity of his evidence and the defence probably did the same thing.

3. Since it was a photocopy , it would be treated as secondary evidence and would be admissible only if you admit it to be your handwriting.

4. if you said that you did not know whether you wrote this or not then it would be considered by court and your testimony remains unimpeachable.

5. if you said that that you indeed wrote this letter then your statements would be considered as contradictory and would help the defence case rather than prosecution.

6. However on the basis of this mere contradiction it can not be established that you gave a false evidence in court willingly concealing the actual truth so as to render assistance one party to gain advantage in court.

7. In short you would not be prosecuted for giving false evidence.

All the best.

Devajyoti Barman
Advocate, Kolkata
18224 Answers
260 Consultations

5.0 on 5.0

No. If you believe whatever you have said to be true, nothing can be done to you, being a witness of the case. Not remembering a thing in court which happened 7 years ago does not constitutes an offence as per law. Don't worry.

Siddharth Jain
Advocate, New Delhi
5004 Answers
56 Consultations

5.0 on 5.0

It is quite impossible to recall all the incidents of any examination of injured person so it is better to answer on the basis of the available documents at the time of examination as witness, though false witness is an offence but courts generally do not take any adverse steps against the witness if it is presumed that the intention of the witness was not give a false statement and if the offence is not too much grievous. So don't worry do you practice happily and in future try to keep the records all the documents issued or signed by you.

Sudip Kumar Paul
Advocate, Siliguri
6 Answers

Not rated

1. No. Typically no witness is prosecuted for such trivial matters.

2. At the most your witness will be declared as hostile and your statement will not be considered by the judge.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
3005 Answers
17 Consultations

5.0 on 5.0

This is not giving false evidence. At the most the benefit of discrepancy between your examination in chief and cross examination will go to the accused and he may be acquitted. However, this is not a ground on which you may be charged with perjury.

Ashish Davessar
Advocate, Jaipur
26817 Answers
800 Consultations

5.0 on 5.0

No you will not you are a independent witness and the prosecution should have provided you the complete paper before your appearance in the court if they wanted to strength and their prosecution theory. Being in such a profession you cannot remember each and every patient and the action taken in his treatment after such a long time

Vimlesh Prasad Mishra
Advocate, Lucknow
5792 Answers
19 Consultations

4.9 on 5.0

You will not be charged of giving false evidence. A person is charged of giving false evidence when he knowingly gives it to misled the court. As in your case due to time efflux you forgot certain facts and for that you cannot be prosecuted.

Mrinali Prasad
Advocate, New Delhi
20 Answers

Not rated

1. Your stock answer to the lawyer during your examination should have been that you can not remember the issue.

2. You shall not be leveled with the charge of giving false witness since you have no stake in the instant matter.

3. Your subsequent depositions in this regard that you can not remember the matter which took place 7 years ago.

Krishna Kishore Ganguly
Advocate, Kolkata
22911 Answers
618 Consultations

5.0 on 5.0

NO. 100%.

Santosh Kumar Singh
Advocate, Dhanbad
8 Answers

Not rated

There is nothing wrong in informing court about not remembering the incidence at this stage.

You will not be treated as giving false witness, you need not be worried about it.

T Kalaiselvan
Advocate, Vellore
59440 Answers
756 Consultations

5.0 on 5.0

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