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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., Parikhs 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, Modis 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.

* Coroners 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.
CORONERS 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 Coroners
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.
Magistrates 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 Magistrates 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 Examiners 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) Coroners inquest.

b) Medical Examiners system.

c) Trial by Jury.

d) Magistrates 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. Magistrates inquest is
mandatory in which one of the
following cases.

a) Custodial death.

b) Exhumation

c) Dowry death

d) All of the above.


7. Coroners inquest is still in force
in

a) Calcutta

b) Bombay

c) Delhi

d) No part of India
8. Medical Examiners system is
practiced in

a) India

b) U.K.

c) U.S.A.

d) Ireland
9. Which of the following methods of
investigation is the most ideal in
unnatural deaths.

a) Police inquest.

b) Coroners inquest

c) Magistrates inquest

d) Medical Examiner system


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 New Delhi Passes any sentence.
Court Usually considers appeal
from lower courts
High Court Capital of Can try any offence &
State pass any sentence
Sessions District HQ Can try only offences
Courts committed to it by
Magistrate. Can pass any
sentence, death
sentence to be confirmed
by High Court
Criminal courts of India
Magistrates Taluq/ Can pass a sentence
courts: sub of imprisonment upto
Chief Jud Mag/ division 7 yrs; fine without
Chief Metro Mag of limit
district
I class Jud Mag Can pass a sentence
of imprisonment upto
3 yrs; fine upto Rs
5000/
Criminal courts of India
Executive District/ Not Judicial
Magistrate Taluq/ Appointed by High
sub Court.
division Deputy
of district Commissioner/
Collector/Tahsildar.
Conducts
Magistrates 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 witness-
chemical 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 perceived-
he 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 appellate
tribunal in India is

a) High Court

b) Supreme Court

c) Ministry of legal affairs

d) Parliament
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 victims death
b) A victim of a criminal offence just before
his death
c) A witness in a criminal offence just
before the victims 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 victims 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.
THANK YOU

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