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Forensic or Legal Medicine Forensic or Legal Medicine( forensic = of or used in courts of law) deals with the application of medical knowledge to aid in the administration of justice. It is used by the legal authorities for the solution of legal problems. Some examples: are applying the medical knowledge in deciding cases of injuries, asphyxial deaths, sexual offences, infant deaths, poisoning, etc. In short it deals with the medical aspects of law. Medical Jurisprudence. Medical Jurisprudence ( Juris = law; prudentia = knowledge).Deals with legal responsibilities of the physician with particular reference to those arising from physician – patient relationship such as, medical negligence cases, consent, rights and duties of doctors, infamous conduct, medical ethics etc. In short it deals with legal aspects of the practice of medicine. Medical Ethics Medical ethics deals with the normal principles which should guide members of the medical profession in their dealings with each other, their patients and the state. Medical Etiquette Medical etiquette deals with the conventional laws of the courtesy observed between members of the medical profession. Recommended Books 1. Narayanareddy K.S., The Essentials of Forensic Medicine & Toxicology, 20th edition, 2001, Published by K.Suguna Devi, Hyderabad. 2. Apurbanandy, Principles of Forensic Medicine, 2nd Edition,2001, Published by New Central Book Agency. 3. Parikh C.K., Parikh’s Textbook of Medical Jurisprudence & Toxicology, 7th Edition, 2001, CBS. Publishers, Bangalore. 4. Guharaj P.V., Forensic Medicine, Rs. 140/-, Orient Longman Ltd. 5. C.A. Franklin, Modi’s Medical, Jurisprudence & Toxicology, 21st Edition, Rs. 180/-Published by Tripathi Private Ltd, Bombay. 6. Parikh C.K., Medico Legal Post Mortem in India, Rs. 230/- Published by Medical publications. 7. Kieth Simpsons, Bernard Knight, Forensic Medicine ,9th Edition, 1985, ELBS 8. Pillay V.V., Textbook of Forensic Medicine, Paras Publications, III Edition,2004. *Specification mentioned such as edition, number of pages, cost etc., subject to change with newer edition. LEGAL PROCEDURE Dr Ajee Kuruvilla. INQUEST COURTS EVIDENCE INQUEST It is defined as an inquiry into the cause of death which is clearly not due to natural causes. * Coroner’s inquest * Police inquest * Magistrate inquest * Medical examiner system CORONER * * * * * Usually an advocate Attorney or Pleader First Class Magistrate with 5yrs experience Metropolitan Magistrate Medical Person POWERS OF CORONER Empowered to inquire into the causes of all unnatural or suspicious deaths. Power to commit suspected person or accused to stand a trial before a magistrate He can view a body to decide whether or not an autopsy is required * He can order the exhumation of a body for identification or for M.L. examination * He is authorized to order any qualified R.M.P. to do postmortem examination and summon him as an expert witness to his court. He can grant conduct money * He is empowered to appoint an in-charge coroner during his absence. CORONER’S COURT : * Court of inquiry into the causes of unnatural deaths * Presence of suspected or accused not necessary * It has no power to impose fines or sentence. Circumstances where Coroner’s Inquest is held * * * * * Sudden death Murder, infanticide or suicide Death by accident or poison Death due to mishap by machinery Death occurring during operation or under anesthesia * Deaths occurring in prison, police custody, asylum, Brostal school etc. Police Inquest : Inquiry should be held by police in all unnatural or suspicious death. Not below the rank of head constable The Police officer making the preliminary inquiry is called the “ Investigating officer” * Information to nearest area magistrate. * He holds inquiry in presence of two or more respectable person of the locality; Panchas Panch Witnesses Panchayatdars * He prepares a report as judged by him and Panchas with signatures Panchanama Inquest report * If no foul play is suspected, he can hand over the body for disposal to relatives * In case he suspects the doubt about the cause of death, he can order for autopsy. * Inquiry and trial of the case will start with the production of entire case records to Magistrate. Magistrate’s Inquest * Death of a convict in Jail * Death of a person in police custody or during interrogation * Death as a result of police firing * Exhumation cases * Dowry deaths Reasons of Magistrate’s Inquest * No person is deprived of his liberty and his rights as a citizen. * No person is allowed to die, deprived of his right due to neglect or brutality by the people in whose charge he/she is. * Doubt about the identity, cause of death, or manner of death of a person who is already buried. Medical Examiner’s system Prevalent in the USA Forensic pathologist Superior to all other types of inquest 1. The code that defines offences and prescribes punishment is a) Indian Penal Code. b) Criminal Procedure Code. c) Indian Evidence Act. d) Criminal Law Act. 2. The term “inquest” refers to a) Burial of a dead body b) Trial in a court. c) Investigation of all deaths. d) Legal inquiry in unnatural deaths. 3. Which ONE of the following systems exists in India a) Coroner’s inquest. b) Medical Examiner’s system. c) Trial by Jury. d) Magistrate’s inquest. 5. Police inquest is NOT applicable in one of the following situations. a) Suicide. b) Accidental death. c) Homicide. d) Dowry-related death. 6. Magistrate’s inquest is mandatory in which one of the following cases. a) Custodial death. b) Exhumation c) Dowry death d) All of the above. 7. Coroner’s inquest is still in force in a) Calcutta b) Bombay c) Delhi d) No part of India 8. Medical Examiner’s practiced in a) India b) U.K. c) U.S.A. d) Ireland system is 9. Which of the following methods of investigation is the unnatural deaths. a) Police inquest. b) Coroner’s inquest c) Magistrate’s inquest d) Medical Examiner system most ideal in Courts : * Supreme Court * High Courts * Session Courts Magistrates Courts - Chief judicial Magistrate Judicial Magistrate of First Class Judicial Magistrate of second Class Executive Magistrate “ Sentences Authorised by Law” Death Sentence Life imprisonment Imprisonment/ rigorous/simple/solitary Forfeiture of Property (now abolished) Fine Training and rehabilitation of young offenders Criminal courts of India Supreme Court New Delhi Passes any sentence. Usually considers appeal from lower courts High Court Capital of State Sessions Courts District HQ Can try only offences committed to it by Magistrate. Can pass any sentence, death sentence to be confirmed by High Court Can try any offence & pass any sentence Criminal courts of India Magistrate’s courts: Chief Jud Mag/ Chief Metro Mag I class Jud Mag Taluq/ sub division of district Can pass a sentence of imprisonment upto 7 yrs; fine without limit Can pass a sentence of imprisonment upto 3 yrs; fine upto Rs 5000/ Criminal courts of India Executive Magistrate District/ Taluq/ sub division of district Not Judicial Appointed by High Court. Deputy Commissioner/ Collector/Tahsildar. Conducts Magistrate’s inquest. Can pass an order under Sec 144 Cr.PC Proceedings in Court: * * * * * Subpoena Oath of Affirmation Recording of evidence / Proof Decision of Judge / Court Execution of Court orders “Subpoena / Summons” * It is a document commanding the attendance of a witness in a court of law under a penalty ( if not obeyed) • It is issued by the court in writing, and signed by the presiding magistrate • Specific date & time • It is served by a police officer or an officer of the court * It is sent in duplicate * A summons must be implicitly obeyed, unless there are valid and urgent reasons * If the summoned witness fails to attend the court, he is punished for guilty of contempt of court * Priority of attendance * Conduct money Case on the same day ? Criminal courts have precedence over civil court Higher courts gets preference over lower courts The court which served the summons first receives preference Failure to obey Summons Civil case- pay damages Criminal- imprisonment / warrant of arrest & compulsory attendance Conduct money In civil cases- a fee is tendered, to cover the expenses of the witness to attend court, at the time when the summons is served Paid by the party that has called the witness In criminal cases no conduct money, but court has made provision to pay reasonable expenses of witness “ Witness” A witness is a person who gives a statement or testimony under oath or solemn affirmation in the court of law Common witness * Expert or skilled Expert witnesschemical examiner finger print expert ballistic expert forensic expert doctor EVIDENCE Evidence means any statement in relation to a matter or fact under inquiry or a document or something for the inspection of the court. * Oral Evidence * Documentary evidence Oral Evidence : It is the evidence of a person who says he saw, heard or perceived it in other words actual witness. Documentary Evidence Any documents produced for the inspection of the court, in relation to matter of fact under inquiry. Medical evidence Oral – direct evidence indirect evidence circumstantial evidence Documentary – medical certificates medico legal reports dying declaration / deposition Medical certificates Sickness certificate Medical fitness certificate Fitness for employment Vaccination certificate Death certificates Medico legal reports Injury/ wound certificate Age certificate Impotency/ potency certificate Drunkenness certificate Examination of victim / accused of rape/ sodomy Post mortem report Oral Evidence * Statement is given in person = It must be direct = Which refers to a fact = Which can be seen, heard, or perceivedhe will be the actual witness. = Oral evidence is superior to documentary evidence Primary Evidence When documents are produced in the form of evidence is called primary evidence. Secondary Evidence When certified copy, photocopy or counterparts of original documents produced in the court called secondary evidence. Hearsay Evidence Evidence of a person who has no personal knowledge of the facts, but just repeats what he/she heard others say Circumstantial Evidence It is an evidence when something is found Which gives clues about the offence. Dying Declarations: Are the statements of a person who is actually dying and who believes he is dying, regarding the cause and circumstance leading to his present state. It is admissible as an evidence where the cause of his death is under enquiry. Dying declaration Verbal/ written statement Compos mentis 2 Witnesses No leading questions to be asked Signature/ thumb impression of declarant, doctor, witnesses Sent to Magistrate in sealed envelope MLI Dying deposition It is a dying declaration made on Oath in the presence of the accused or his legal representative who has the opportunity to cross examine the dying person. This is recorded by the Magistrate, hence it carries more value than dying declaration. In the Court : “ If the law has made you a witness, remain a man of science. You have no victim to avenge, or guilty or innocent person to ruin or save. You must bear testimony within the limits of science - Brouanrdel An ‘Oath’ It is a declaration required by law, to be made before the court, by the witness. He swears in the name of God, that he will tell the truth, the whole truth, and nothing but the truth. If the witness has religious scruples against swearing, he will be permitted to make a solemn affirmation. Once a witness is thus sworn, if he does not speak the truth, he is liable to be prosecuted for the guilty of the crime, called, “ Perjury” “ Willful utterance of falsehood” Section 193 I.P.C. Recording of Evidence - Pleading Examination-in-chief Cross-examination Re-examination Question by Judge Examination-in-chief Examination is done by the counsel side, which has summoned him. The object of the examination-in-chief is to present all relevant facts of the case before the court. If witness is expert he may be asked to elicit his inference or interpretations from the facts. No leading questions are allowed. ( leading question is one that suggest its own answer) Leading question can be asked when witness become ‘ hostile’. “Hostile witness is that witness who gives evidence in the court of law under oath, against the interest of the party who cites him as witness. Common witness/ An expert witness. Cross Examination: * Followed by examination-in-chief * Examined by counsel for opposite party * To bring out inaccuracies and contradictions in his statements. * To extract any facts which may be favorable to his Client * Leading questions are allowed. * Cross examination need not be confined to the statements; = Qualification = Experience = Professional knowledge = Character * No time limit for cross examination. Re-examination: * After cross- examination, the witness can be examined by the counsel who called him. * To remove any doubts that may have arisen during cross examination * Leading questions are not allowed. Court Question: * Presiding officer may /can ask question to witness at any stage. * He can call witness again for his evidence, if needed by the court, related to the same case. 4. A government-appointed lawyer who tries a case on behalf of the police is called a) Defender lawyer b) Public prosecutor c) District attorney d) Police lawyer 11. The highest judicial tribunal in India is a) High Court b) Supreme Court c) Ministry of legal affairs d) Parliament appellate 1. A chief judicial magistrate can impose punishment up to a) 7 years imprisonment and unlimited fine. b) 7 years imprisonment and fine up to Rs. 5000/c) 3 years imprisonment and fine up to Rs. 5000/d) 1 years imprisonment and fine up to Rs. 2. The method practiced in India to carry out a judicial sentence of death is a) Hanging b) Electrocution c) Gassing d) Lethal injection. 3. A juvenile offender (male) is one who is below a) 16 years b) 14 years c) 18 years d) 21 years 13. The term ”Subpoena” is also referred to as a) Summons b) Panchnama c) Warrant d) Requisition 16. The literal meaning of “Subpoena” is a) Under penalty b) Under suspension c) Under force d) Under threat 18. Regarding attendance in a court of law to give evidence, all of the following are true, EXCEPT a) Criminal cases have priority over civil cases b) Higher courts have priority over lower courts. c) If two separate summons are issued from the same court, the summons issued second should be given priority over the first. d) In all cases, the witness should inform the other court (which he is unable to attend), about the reason of absence. 20.A Coroner is empowered to do all of the following EXCEPT a) He can summon witnesses. b) He can record evidence under oath c) He can order for an autopsy d) He can punish the guilty 21.Immediately on receipt of information of an unnatural death, a police officer has to inform the a) District collector b) Superintendent of Police c) Magistrate d) District Health Officer 22.The term “ Panchanama” refers to a) Dead body challan. b) Inquest report c) Post term report d) The final report submitted by the police to the court 23.Non-compliance of summons in a civil court may render a person liable for a) Damages. b) Fine c) Imprisonment d) None of the above 24.Police inquest is held as per a) Sec 174 of the Criminal Procedure Code. b) Sec 174 of the Indian Penal Code c) Sec 174 of the Indian Evidence Act d) Sec 174 of the Police Manual 5. Evidence given to the court where the witness has not witnessed the act, but heard somebody talk about it, is called a) Secondary evidence b) Impersonal evidence c) Hearsay evidence d) Circumstantial evidence 7. Dying declaration is a statement made by a) The accused in a criminal offence just before the victim’s death b) A victim of a criminal offence just before his death c) A witness in a criminal offence just before the victim’s death d) Any person in his death bed. 8. When a magistrate is available to record a dying declaration, the role of a doctor is a) Rendered superfluous b) To act as a witness c) To attest the declaration d) To certify the victim’s mental status. Warrant Written order- sign & seal of presiding officer of court Bears name & designation of person who is to execute it Indicates name & add of accused Must state the offence, he is accused of Should indicate date of issue Non-Cognizable offence Any offence for which the police officer cannot arrest the accused without a warrant E.g. Bribery, defamation, perjury, causing simple hurt, buying/ selling person for slavery Cognizable offence Any offence for which the police officer may arrest the accused without a warrant waging war against govt, counterfeiting Indian currency, adulteration of food, destroying, damaging or defiling place of worship, theft, robbery, murder, kidnapping, rape, attempting suicide, causing grievous hurt, dowry death, rioting Bailable & Non bailable offences Bailable offence attempting suicide, sale of obscene books, bribery, rioting Non bailable offences: adulteration of food, murder, dowry death, counterfeiting Indian currency, destroying, damaging or defiling place of worship First Information Report (F.I.R.) Any information given to the Police Officer, related to a cognizable offence, which is first, in point of time and on the basis of which the investigation commences Where is it lodged? What is its objective? What is its importance ? Doctor in the Witness box: * Attending the court punctually with all documents required by the court. * Study of documents before attending the court to refresh his memory * Avoid any indiscriminate talk in the court premises about the case. * Evidence should be given with a clear and loud voice. * Statements should be in simple words and avoid technical terms. * He may demonstrate his evidence by documentary support eg: Photographs and diagrams. Common legal terms Accused- accused/ alleged to have committed crime Acquittal-accused not guilty Affidavit- voluntary written statement of facts under oath before an officer of the court / notary public Appeal- complaint made to superior court Appellant- person who makes appeal Assailant- one who has committed an assault Common legal terms Bail-security on behalf of accused person, on giving which, he is released from custody, pending investigation/ court trial Warrant case- relating to an offence punishable with death, life imprisonment or imprisonment exceeding 2 yrs Summons case- relating to an offence, for which the punishment is less than 2yrs imprisonment Common legal terms Civil case- dispute between 2 private parties (wealth, property etc) Criminal case- case between govt. and a private party concerning matters of public interest & safety (assault, robbery, murder, rape) Contempt of court- intentional insult or interruption to a court during judicial proceeding Conviction- accused proved guilty in court of law Culpability- being at fault, deserving punishment Common legal terms Damage- injury suffered by a party as a result of action of another Damages- compensation payable to a victim, as decided by the court Defendant- party against whom a complaint has been filed (accused) Defence counsel- legal practitioner who acts on behalf of accused Public prosecutor- lawyer appointed by govt. for conducting prosecution on behalf of the state Common legal terms Search warrant- written authority issued by magistrate to police officer, for search of any general / specified thing/ document Trial- legal process in accordance with the law, to determine guilt / innocence Verdict- formal decision or finding made by a judge / jury at the end of a trial. 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