Criminal Procedure Code · Updated to 1 May 2023 · Part VIII · Special Proceedings
340. Admissibility of medical report in certain cases
Feedback & supportWhere on the trial of any person charged with culpable homicide amounting to murder or culpable homicide not amounting to murder it is proved that the Medical Officer who made the post-mortem examination of the body of the deceased person is dead or is absent from
Medical Officer
“Government Medical Officer” or “Medical Officer” includes a medical practitioner who has been given by the Director General of Health Malaysia, an authorization in writing under section 34C of the Medical Act 1971 to perform functions specified in that section;
Malaysia, it shall be lawful to receive any report of that Medical Officer
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made under the provisions of this Code as evidence with regard to the appearances of the body when examined by that Medical Officer and as regards the cause of death.
Such evidence shall be subject to such deduction from its weight as the Court deems proper to make by reason of that report not having been made upon oath and the accused person not having any opportunity of cross-examination.
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;