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I was a witness as a doctor to a dying declaration of a patient who stated that his family was direc


06-Jul-2023 (In Criminal Law)
I was a witness as a doctor to a dying declaration of a patient who stated that his family was directly involved in setting him on fire. Later, the police forced me to give a written statement for the dying declaration stating that I was present on the scene. The patient died after sometime. Now after one year, the police are threatening me to be a witness in the case. Can I opt out of this, saying I don't want to be a witness to the current situation? Will I get a subpoena from the court ?
Answers (3)

Answer #1
605 votes
if he has named you in the chargesheet as a witness you will. how long ago did the person die? if it is not long back then not remembering cannot be used as defence. kindly get in touch with S S LAW Offices by searching Google. 801 302 18 18
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Answer #2
745 votes
if you have been named as a witness you are required to come and depose before the court during trial. over this the compulsion is from the court which is imposed through the police. regards, Tanmoy Chattopadhyay, M.Sc (Net), LL.B (Delhi), Advocate, Hon'ble High Court, Calcutta.
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Answer #3
559 votes
if you are the only doctor who treated him then there are some legal procedures to take you there, I personally suggest you to be a witness in the case of dying declaration, then the dead person will get justice and one more thing, dying declaration to the doctor is enough to give judgement, one more thing, if the defence will try to break you by asking that how can you remember the incidence after a year then you can simply say that this was the first and last time in your life till now when you are a witness who got the dying declaration from the victim. as simple as that
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