2. TYPES OF TRIAL
• 1) Adversarial system: It is for the prosecution to prove their case to the
magistrate, beyond reasonable doubt
• 2) Inquisitorial system: Both the prosecution and defence have to make their
cases to the court
• All offences punishable with death, imprisonment for life, or for a term exceeding
two years are tried as warrent cases
• Standard of proof: In criminal cases the prosecution must provide evidence of a
sufficient quality to convince the court
3. SESSIONS TRIAL
• In case of grave charges like murder, rape, etc. Whether the accused pleads guilty
or not, the Magistrate frames a charge of the offence (228, Cr. P. C)
• The Magistrate should supply copy of police report and other document to the
accused free of cost (S.207 Cr. P. C)
• A warrent is issued to keep the accused in custody (87, Cr. P. C)
• The Magistrate sends the charge, the record of enquiry and any weapon or other
thing which is to be produced in evidence to the court of Sessions (209, Cr. P. C)
4. EXAMINATION OF MEDICOLEGAL CASES
• Following catagory of cases should be labelled as medicolegal
• Accidents, Traffic,Machinery, or animal, fall from a height, assault,sexual offences,criminal
abortion,burns, poisoning, electrical injuries, snake bite,cases brought
dead,suicide,homicide,sudden unexpected death,
• If the case brought has been registered medicolegal at some other hospital, a fresh
medicolegal report is not necessary
• Medicolegal cases should be examined without delay at any time of day Or night
5. A private hospital or nursing home can treat and admit medicolegal cases except victims and
accused of rape cases
If a patient is admitted, and later it turns out to be M.L.C such case has to be made M.L.C by
entering in the Accident Register. The certificate will have to be issued by the doctor who
labels it as M.L.C
The police should be informed about all cases labelled as M.L.C
Treatment gets priority over medicolegal formalities
General history and a specific history of the particular incident should be obtained from the
victim
In case of criminally accused person, no attempt should be made to obtain any history of the
specific incident. It should be limited to questions about the causation of injuries only
Overwritings, alterations and interpolations should be avoided
Nothing should be erased or obliterated, If a correction has to be made of a prior entry in the
report, it should not be totally obliterated
6. • All forms filled for Xray, laboratory examination, etc should be labelled by the
words M.L.C
• In case of discharge or death of a medicolegal case in the hospital, the police
having local jurisdiction should be informed without delay and death certificate
should not be issued
• If a person is brought dead to the hospital do not examine the wounds, inform
the police and do not hand over the body to the relatives
• Autopsy to be conducted on a body or not is the discretion of the police, but not
of the doctor
7. • The Doctor cannot refuse to conduct autopsy if inquest report is not given
• Always write injuries are antemortem in autopsy report
• Postmortem report is not a public document, it should be given only to the
Police, however a xerox copy of postmortem certificate can be issued to a relative
of the deceased
• The Doctor can be summoned to the police station for recording a statement if
the investigation demands
