Transcript Document

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 :
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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
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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 ?
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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
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Civil case- pay damages
Criminal- imprisonment / warrant of arrest
& compulsory attendance
Conduct money
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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
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Oral – direct evidence
indirect evidence
circumstantial evidence
Documentary – medical certificates
medico legal reports
dying declaration / deposition
Medical certificates
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Sickness certificate
Medical fitness certificate
Fitness for employment
Vaccination certificate
Death certificates
Medico legal reports
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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

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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
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Examination-in-chief
Cross-examination
Re-examination
Question by Judge
Examination-in-chief
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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
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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
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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
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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
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First Information Report (F.I.R.)
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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
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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
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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
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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
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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
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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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