The Indian Legal System

Assignment 1
Introduction to
medicolegal
systems
Dr. Vishal Raut, R.No.131223
Assignment 1 Introduction to medico legal systems
Discussion
THE INDIAN LEGAL SYSTEM

Indian legal systems are one of the oldest in existence. Long before other civilizations had
brought up their constitutions, social behavior was conducted along the laws of
Dharmashastra (Duties and Religious duties) and Arthashastra (Statecraft, economic policy
and Military stratagem). These two were combined later into Manusmriti, (the laws of men),
which successfully combined both the two shastras into laws that were implemented
successfully into society (at that time, i.e. 200BC)
History and origins of the present Indian Legal system

While Manusmriti still has relevance in many areas of personal behavior, it had been widely
criticized for segregation of classes and propagation of untouchability. As India grew closer
to independence, it was decided by the forefathers to amalgamate the Legal systems of
other established countries at the time. In essence the Indian Law systems were derived
primarily from the British Legal system designed in the 19th century.
Basis of Indian Legal systems

Indian legal systems are based on Common Law System, in which customs, precedents
and legislative are all components of the law. As a result compared to Civil law the degree
of judicial independence is high, unencumbered by executive and administrative branches
of the government.
Functions of Indian Judiciary

The primary function of the court of law is to explain and clarify administration of justice.
He key functions can be classified as below:
- Interpretation, i.e. to ascertain the meaning of law

- Invalidation, i.e. to invalidate a law that goes against the constitution or
spirit of the statute it was made
- Enforcement, i.e. to bring about order to society by following mutually
agreed rules
- Legislation, i.e. creation of new laws regarding unforeseen
developments in civilization
Structure of the Indian Legal System
Page1
Indian judiciary has a strict hierarchical system, which makes use of the chain-of-command.
As a result there is a strict code of appellate, which ensures uniformity in enforcement of
directives.
Supreme Court
At the top level of the law is Spreme court, which is situated only in Delhi,the capital of
India. This is the highest court of the land as established by the Constitution of India. The
primary role is to act as the gaurdian for the Constitution and is also the highest court of
appeal in India. The Law declared by the Supreme Court is binding for all the courts in India.
Summary of the powers of Supreme court:

a. Settlement of disputes between the States of India and Government of
India
b. Enforcement of fundamental rights of Indians.
c. Issue directives for transfer of cases in between High courts or from
lower courts to high courts
d. Amalgamation of different cases with the same questions of law (or in
spirit) at the level of high courts or, withdrawal from the high court and
disposal at the supreme court levels
e. International Commercial disputes
f. Appeal or repeal any decisions of lower courts
g. Role of Presidential advisory
h. Review of its own judgements as deemed fit (except in a civil
proceeding)
Composition of supreme courts
- Chief Justice of India
- 25 Judges
All the judiciary is appointed by the President of India, and the age limit for the Chief
Justice is 65 years, after which a new person is elevated to the post.
High courts:
These are the highest courts at the level of state. The jurisdiction of such courts limits to
the boundaries of each state in which the court is based.
Functions of the High courts:

a. Hearing cases referred from lower courts
b. Original juridisction in Civil disputes
c. Issue general rules,and lay down procedures
d. Writ petitions
Page2
Composition of High courts

- Chief Justice
- Pusine (french for junior) Judges
District courts
As the name implies these have jurisdiction within a specific district of a state and are
generally under control of the High court of the respective states. These courts have
the power to impose any judgement including capital punishment.
Civil courts and Criminal courts:

These are the courts set up to deal with cases referred from tehsil or kotwali. Both the
courts have a three tiered system that handles cases based on severity, with the top tier
having juridisction over the lower tiers.
Special courts:
These courts are set up in special circumstances as in tragedies or rioting, as the volume
of such incidents is huge and the traditional judiciary cannot cope with the increased
workload. Such courts are time bound and are headed by individuals selected from
existing judiciary.
Thus the mode of appeals is as follows
Tehsil
Kotwali
Criminal court / Civil court
District Court
High court
Supreme court
Short Notes
The Medical Council of India (MCI) is the statutory body for establishing uniform and high
standards of medical education in India. The Council grants recognition of medical
qualifications, gives accreditation to medical colleges, grants registration to medical
practitioners, and monitors medical practice in India.
Page3
MEDICAL COUNCIL OF INDIA
The Medical Council of India was first established in 1934 under the Indian Medical Council
Act, 1933. The Council was later reconstituted under the Indian Medical Council Act, 1956
that replaced the earlier Act. Following this, the Council was superseded by the President of
India and its functions entrusted to a Board of Governors. The present Board of Governors
was notified on 13 May 2011.
Functions of the council

The main functions of the Medical Council of India are the following:
1. Establishment and maintenance of uniform standards for undergraduate

medical education.
2. Regulation of postgraduate medical education in medical colleges
accredited by it. (The National Board of Examinations is another
statutory body for postgraduate medical education in India).
3. Recognition of medical qualifications granted by medical institutions in
India.
4. Recognition of foreign medical qualifications in India.
5. Accreditation of medical colleges.
6. Registration of doctors with recognized medical qualifications.
7. Keeping a directory of all registered doctors (called the Indian Medical
Register).
8. Registration of doctors and their qualifications is usually done by state
medical councils.
Composition of the council

The council is consists of the following members, namely:1. One member from each State other than a Union Territory to be nominated by the
Central Government in consultation with the State Government concerned.
2. One member from each University to be elected from amongst the members of the
medical faculty of the University by members of the Senate of the University or in case the
University has no Senate, by members of the Court.
4. Seven members to be elected from amongst themselves by persons enrolled on any of

the State Medical Registers who possess the medical qualifications included in Part I of the
Third Schedule.
5. Eight members to be nominated by the Central Govt.
Page4
3. One member from each State in which a State Medical Register is maintained, to be
elected from amongst themselves by persons enrolled on such register who possess the
medical qualifications included in the First or the Second Schedule or in Part II of the Third
Schedule.
The President and Vice-President of the Council shall be elected by the members of the
Council from amongst themselves.
Short Notes
NURSING COUNCIL OF INDIA

The Indian Nursing Council is a national regulatory body for nurses and nurse education in
India. It is an autonomous body under the Government of India, Ministry of Health & Family
Welfare, constituted by the Central Government under section 3(1) of the Indian Nursing
Council Act, 1947 of Indian parliament.
1. To establish and monitor a uniform standard of nursing education for

nurses midwife, Auxiliary Nurse- Midwives and health visitors by doing
inspection of the institutions.
2. To establish and monitor a uniform standard of nursing education for
nurses midwife, Auxiliary Nurse- Midwives and health visitors by doing
inspection of the institutions.
3. To recognize the qualifications under section 10(2) (4) of the Indian
Nursing Council Act, 1947 for the purpose of registration and
employment in India and abroad.
4. To give approval for registration of Indian and Foreign Nurses possessing
foreign qualification under section 11(2) (a) of the Indian Nursing Council
Act, 1947.
5. To prescribe minimum standards of education and training in various
nursing programs and prescribe the syllabus & regulations for nursing
programs.
6. Power to withdraw the recognition of qualification under section 14 of
the Act in case the institution fails to maintain its standards under
Section 14 (1)(b) that an institution recognized by a State Council for the
training of nurses, midwives, Auxiliary Nurse Midwives or health visitors
does not satisfy the requirements of the Council.
7. To advise the State Nursing Councils, Examining Boards, State
Governments and Central Government in various important items
regarding Nursing Education in the Country.
8. To regulate the training policies and programs in the field of Nursing.
Page5
Functions of nursing council of India:
9. To recognize Institutions/Organizations/Universities imparting Masters

Degree/ Bachelors Degree/P.G. Diploma/ Diploma/Certificate Courses in
the field of Nursing.
10.To Recognize Degree/Diploma/Certificate awarded by Foreign
Universities/ Institutions on reciprocal basis.
11.To promote research in Nursing.
12.To maintain Indian Nurses Register for registration of Nursing Personnel.
13.Prescribe code of ethics and professional conduct.
14.To improve the quality of nursing education.
Composition of nursing council of India

The Central Government shall as soon as may be constitute a Council consisting of the
following members, namely:(a) One nurse enrolled in a State register elected by each State Council.
(b) Two members elected from among themselves by the heads of institutions recognized
by the Council for the purpose of this clause in which training is given(i) For obtaining a University degree in nursing; or
(ii) In respect of a post-certificate course in the teaching of nursing and in nursing
administration
(c) One member elected from among themselves by the heads of institutions in which
health visitors are trained;
(d) One member elected by the Medical Council of India
(e) One member elected by the Central Council of the Indian Medical Association
(f) One member elected by the Council of the Trained Nurses Association of India;
(g) One midwife or auxiliary nurse-midwife enrolled in a State register, elected by each of
the State Councils in the four groups of States mentioned below, each group of States being
taken in rotation in the following order, namely: (i) Kerala, Madhya Pradesh, Uttar Pradesh and Haryana],
(ii) Andhra Pradesh, Bihar, Maharashtra and Rajasthan,
(iii) Karnataka, Punjab, Himachal Pradesh and West Bengal,
(iv) Assam, Gujarat, Tamil Nadu and Orissa
(i) The Chief Principal Matron, Medical Directorate, General Headquarters, ex officio ;
(j) The Chief Nursing Superintendent, office of the Director-General of Health
Page6
(h) The Director General of Health Services, ex-officio;
Services, ex officio;
(k) The Director of Maternity and Child Welfare, Indian Red Cross Society, ex officio;
(l) The Chief Administrative Medical Officer (by whatever name called) of each State other
than a Union territory, ex Officio;]
(m) The Superintendent of Nursing Services (by whatever name called), ex officio, from each
of the States in the two groups mentioned below, each group of States being taken in
rotation in the following order, namely:(i) Andhra Pradesh, Assam, 2[Maharashtra], Madhya Pradesh, 3[Tamil Nadu], Uttar
Pradesh, 4[West Bengal and Haryana] ;
(ii) Bihar, 5[Gujarat] 6[Himachal Pradesh] Kerala, 7[Karnataka], Orissa, Punjab and
Rajasthan];
(n) Four members nominated by the Central Government, of whom at least two shall be
nurses, midwives or health visitors enrolled in a State register and one shall be an
experienced educationalist
(o) Three members elected by Parliament, two by the House of the People from among its
members and the other by the Council of States from among its members.
The President of the Council is elected by the members of the Council from among
themselves.
Short Notes
CENTRAL COUNCIL OF INDIAN

MEDICINE
Central Council of Indian Medicine (CCIM) is a statutory body under Department of
Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH), Ministry of
Health and Family Welfare, Government of India, set up in 1971 under the Indian Medicine
Central Council Act, (Act 48) which was passed in 1970. It is one of the Professional councils
under University Grants Commission (UGC) to monitor higher education in Indian systems of
medicine, including Ayurveda, Siddha and Unani.
1. To prescribe minimum standards of education in Indian Systems of

Medicine viz. Ayurveda, Siddha, Unani Tibb.
2. To advise Central Government in matters relating to recognition
(inclusion/withdrawal) of medical qualification in/from second schedule
to Indian Medicine Council Act, 1970.
Page7
Objectives
3. To maintain a Central Register on Indian Medicine and revise the register

from time to time.
4. To prescribe Standards of Professional Conduct, Etiquette and Code of
Ethics to be observed by the practitioners.
Additionally, the Council is also responsible to prescribes Standards of Professional Conduct,
Etiquette and Code of Ethics to be observed by the practitioners. The Council is empowered
to appoint medical inspectors to observe the conduct of examinations, and visitors to
inspect facilities in colleges, hospitals and other institution in Indian medicine.
The Council is also responsible to frame regulations with respect to:

The courses and period of study, including practical training to be undertaken, the
subject of examinations, and the standards of proficiency therein to be obtained in any
university, board or medical institution- for grant of recognized medical qualifications;
The standard of staff, equipment, accommodation, training and other facilities for
education in Indian medicine; and
The conduct of professional examinations.
Composition of Council
Central Council of Indian Medicine consists of the following members, namely:
a) Such number of members not exceeding five as may be determined by the Central
Government in accordance with the provisions of the First Schedule for each of the
Ayurveda, Siddha and Unani systems of medicine from each State in which a State
Register of Indian Medicine is maintained, to be elected from amongst themselves by
persons enrolled on that Register as practitioners of Ayurveda, Siddha and Unani, as the
case may be;
c) Such number of members, not exceeding thirty per cent of the total number of
members elected under clauses (a) and (b), as may be nominated by the Central
Government, from amongst persons having special knowledge or practical experience in
respect of Indian medicine: Provided that until members are elected under clause (a) or
clause (b) in accordance with the provisions of this Act and the rules made thereunder,
the Central Government shall nominate such number of members, being persons
qualified to be chosen as such under the said clause (a) or clause (b), as the case may be,
as that Government thinks fit; and references to elected members in this Act shall be
construed including references to members so nominated.
Page8
b) One member for each of the Ayurveda, 5iddha and Unani systems of medicine from
each University to be elected from amongst themselves by the members of the Faculty
or Department (by whatever name Hi-' of the respective system of medicine of that
University;
The President of the Central Council shall be elected by the members of the Central
Council from amongst themselves in such manner as may be prescribed.
There shall be a Vice-President for each of the Ayurveda, Siddha and Unani systems of
medicine who shall be elected from amongst themselves by members representing that
system of medicine.
Notes
BAR COUNCIL OF INDIA

The Bar Council of India is a statutory body created by Parliament to regulate and represent
the Indian bar. It perform the regulatory function by prescribing standards of professional
conduct and etiquette and by exercising disciplinary jurisdiction over the bar. It also sets
standards for legal education and grants recognition to Universities whose degree in law will
serve as qualification for enrolment as an advocate.
In addition, it performs certain representative functions by protecting the rights, privileges
and interests of advocates and through the creation of funds for providing financial
assistance to organize welfare schemes for them.
The Bar Council of India was established by Parliament under the Advocates Act, 1961.
Functions of bar council of India

1. To lay down standards of professional conduct and etiquette for advocates.
2. To lay down procedure to be followed by its disciplinary committee and the disciplinary
committees of each State Bar Council.
3. To safeguard the rights, privileges and interests of advocates.
4. To promote and support law reform.
5. To deal with and dispose of any matter which may be referred to it by a State Bar
Council.
6. To promote legal education and to lay down standards of legal education. This is done in
consultation with the Universities in India imparting legal education and the State Bar
Councils.
8. To conduct seminars and talks on legal topics by eminent jurists and publish journals
and papers of legal interest.
9. To organize legal aid to the poor.
Page9
7. To recognize Universities whose degree in law shall be a qualification for enrolment as

an advocate. The Bar Council of India visits and inspects Universities, or directs the State Bar
Councils to visit and inspect Universities for this purpose.
10. To recognize on a reciprocal basis, the foreign qualifications in law obtained outside
India for the purpose of admission as an advocate in India.
11. To manage and invest the funds of the Bar Council.
12. To provide for the election of its members who shall run the Bar Councils.
The Bar Council of India can also constitute funds for the following purposes:
1. Giving financial assistance to organize welfare schemes for poor, disabled or other
advocates,
2. Giving legal aid, and
3. Establishing law libraries.
The Bar Council of India can also receive grants, donations, and gifts for any of these
purposes.
Composition of bar council of India

As per the Advocates Act, the Bar Council of India consists of members elected from each
state bar council, and the Attorney General of India and the Solicitor General of India who
are ex officio members. The members from the state bar councils are elected for a period of
five years.
The council elects its own Chairman and Vice-Chairman for a period of two years from
amongst its members. Assisted by the various committees of the Council, the chairman acts
as the chief executive and director of the Council.
Short Notes
LEGAL AND MEDICOLEGAL

TERMINOLOGIES
Plaintiff:
In some jurisdictions the commencement of a lawsuit is done by filing a summons, claim

form and/or a complaint. These documents are known as pleadings that set forth the
alleged wrongs committed by the defendant or defendants with a demand for relief. In
other jurisdictions the action is commenced by service of legal process by delivery of these
documents on the defendant by a process server; they are only filed with the court
Page10
A plaintiff, also known as a claimant or complainant, is the term used in some jurisdictions
for the party who initiates a lawsuit (also known as an action) before a court. By doing so,
the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of
the plaintiff and make the appropriate court order (e.g., an order for damages).
subsequently with an affidavit from the process server that they had been given to the
defendant(s) according to the rules of civil procedure.
Not all lawsuits are plenary actions, involving a full trial on the merits of the case. There are
also simplified procedures, often called proceedings, in which the parties are termed
petitioner instead of plaintiff, and respondent instead of defendant. There are also cases
that do not technically involve two sides, such as petitions for specific statutory relief that
require judicial approval; in those cases there are no respondents, just a petitioner.
Jurisdiction
Jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the
practical authority granted to a formally constituted legal body or to a political leader to
deal with and make pronouncements on legal matters and, by implication, to administer
justice within a defined area of responsibility. The term is also used to denote the
geographical area or subject-matter to which such authority applies. Areas of jurisdiction
apply to local, state, and federal levels.
Jurisdiction draws its substance from public international law, conflict of laws, constitutional
law and the powers of the executive and legislative branches of government to allocate
resources to best serve the needs of its native society.
Cause of action
It is defined as a specific legal claim -- such as for negligence, breach of contract, or medical
malpractice -- for which a plaintiff seeks compensation. Each cause of action is divided into
discrete elements, all of which must be proved to present a winning case. A complaint often
states multiple causes of action, and each cause of action is made up of certain required
elements -- for example, a cause of action for breach of contract must show offer,
acceptance, transfer of something of value, and breach of the agreement.
An arrest is the act of depriving a person of their liberty usually in relation to the purported
investigation or prevention of crime and presenting (the arrestee) to a procedure as part of
the criminal justice system. Arrest, when used in its ordinary and natural sense, means the
apprehension of a person or the deprivation of a person's liberty. The question whether the
person is under arrest or not depends not on the legality of the arrest, but on whether the
person has been deprived of personal liberty of movement. When used in the legal sense in
the procedure connected with criminal offences, an arrest consists in the taking into custody
of another person under authority empowered by law, to be held or detained to answer a
criminal charge or to prevent the commission of a criminal or further offence. The essential
elements to constitute an arrest in the above sense are that there must be an intent to
arrest under the authority, accompanied by a seizure or detention of the person in the
manner known to law, which is so understood by the person arrested
Page11
Arrest
Article 9 of the Universal Declaration of Human Rights states that, "No one shall be
subjected to arbitrary arrest, detention or exile."
Cognizance
It is the power, authority, and ability of a judge to determine a particular legal matter. A
judge's decision to take note of or deal with a cause. That which is cognizable to a judge is
within the scope of his or her jurisdiction. A Justice of the Peace would not have cognizance
of a major criminal matter, for example.
Fundamental right
Fundamental rights are a group of rights that have been recognized by the Supreme Court
as requiring a high degree of protection from government encroachment. These rights are
specifically identified in the Constitution, or have been found under Due Process. Laws
limiting these rights generally must pass strict scrutiny to be upheld as constitutional.
Examples of fundamental rights not specifically listed in the Constitution include the right to
marriage and the right to privacy, which includes a right to contraception and the right to
interstate travel.
FIR
A First Information Report (FIR) is a written document prepared by police organizations
when they receive information about the commission of a cognizable offence. It is generally
a complaint lodged with the police by the victim of a cognizable offense or by someone on
his or her behalf, but anyone can make such a report either orally or in writing to the police.
Autopsy
Autopsies are performed for either legal or medical purposes. For example, a forensic
autopsy is carried out when the cause of death may be a criminal matter, while a clinical or
academic autopsy is performed to find the medical cause of death and is used in cases of
unknown or uncertain death, or for research purposes. Autopsies can be further classified
into cases where external examination suffices, and those where the body is dissected and
internal examination is conducted. Permission from next of kin may be required for internal
Page12
An autopsy also known as a post-mortem examination, autopsia cadaverum, or

obduction is a highly specialized surgical procedure that consists of a thorough
examination of a corpse to determine the cause and manner of death and to evaluate any
disease or injury that may be present. It is usually performed by a specialized medical doctor
called a pathologist.
autopsy in some cases. Once an internal autopsy is complete the body is reconstituted by
sewing it back together.
Brain Death
Brain death is the complete and irreversible loss of brain function (including involuntary
activity necessary to sustain life). Brain death is one of the two ways of determination of
death, according to the Uniform Determination of Death Act of the United States (the other
way of determining death being "irreversible cessation of circulatory and respiratory
functions"). It is not the same as persistent vegetative state, in which the person is "alive".
Brain death is used as an indicator of legal death in many jurisdictions, but it is defined
inconsistently. Various parts of the brain may keep living when others die, and the term
"brain death" has been used to refer to various combinations. The distinctions can be
important because, for example, in someone with a dead cerebrum but a living brainstem,
the heartbeat and ventilation can continue unaided, whereas in whole-brain death (which
includes brain stem death), only life support equipment would keep those functions going.
Patients classified as brain-dead can have their organs surgically removed for organ
donation.
Evidence Based
Evidence-based medicine (EBM) emphasizes the use of evidence from well designed and
conducted research in healthcare decision-making. The term was originally used to describe
an approach to teaching the practice of medicine and improving decisions by individual
physicians. Use of the term rapidly expanded to include a previously described approach
that emphasized the use of evidence in the design of guidelines and policies that apply to
populations ("evidence-based practice policies").It has subsequently spread to describe an
approach to decision making that is used at virtually every level of the healthcare system.
Whether applied to medical education, decisions about individuals, guidelines and policies
applied to populations, or administration of health services in general, evidence-based
medicine advocates that to the greatest extent possible, decisions and policies should be
based on evidence, not just the beliefs of practitioners, experts, or administrators. It
promotes the use of formal, explicit methods to analyze evidence and make it available to
decision makers. It promotes programs to teach the methods to medical students,
practitioners, and policy makers.
Evidence-based practice (EBP) is an interdisciplinary approach to clinical practice that has
been gaining ground. It started in medicine as evidence-based medicine (EBM) and spread
to other fields such as dentistry, nursing, psychology, education, library and information
science and other fields. Its basic principles are that all practical decisions made should
2) That these research studies are selected and interpreted according to some specific
norms characteristic for EBP.
Page13
1) Be based on research studies and
Typically such norms disregard theoretical and qualitative studies and consider quantitative
studies according to a narrow set of criteria of what counts as evidence. If such a narrow set
of methodological criteria are not applied, it is better instead just to speak of research based
practice.
Evidence-based behavioral practice (EBBP) "entails making decisions about how to promote
health or provide care by integrating the best available evidence with practitioner expertise
and other resources, and with the characteristics, state, needs, values and preferences of
those who will be affected. This is done in a manner that is compatible with the
environmental and organizational context. Evidence is comprised of research findings
derived from the systematic collection of data through observation and experiment and the
formulation of questions and testing of hypotheses"
Page14
Empirically supported treatments (ESTs) are defined as "clearly specified psychological

treatments shown to be efficacious in controlled research with a delineated population"

The Indian Legal System

Încărcat de

Informații document

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

The Indian Legal System

Încărcat de

Drepturi de autor:

Formate disponibile

Assignment 1

Assignment 1 Introduction to medico legal systems