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Forensic or Legal MedicineForensic 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.
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 EthicsMedical 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 EtiquetteMedical Etiquette
Medical etiquette deals with the conventional laws of the courtesy
observed between members of the medical profession.
Recommended BooksRecommended 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 PROCEDURELEGAL PROCEDURE
Dr Ajee Kuruvilla.Dr Ajee Kuruvilla.
INQUESTINQUEST
COURTSCOURTS
EVIDENCEEVIDENCE
INQUESTINQUEST
It is defined as an inquiry into the causeIt is defined as an inquiry into the cause
of death which is clearly not due to naturalof death which is clearly not due to natural
causes.causes.
* Coroner’s inquest* Coroner’s inquest
* Police inquest* Police inquest
* Magistrate inquest* Magistrate inquest
* Medical examiner system* Medical examiner system
CORONERCORONER
* Usually an advocate* Usually an advocate
* Attorney or Pleader* Attorney or Pleader
* First Class Magistrate with 5yrs experience* First Class Magistrate with 5yrs experience
* Metropolitan Magistrate* Metropolitan Magistrate
* Medical Person* Medical Person
POWERS OF CORONERPOWERS OF CORONER
 Empowered to inquire into the causes of all unnatural orEmpowered to inquire into the causes of all unnatural or
suspicious deaths.suspicious deaths.
 Power to commit suspected person or accused to standPower to commit suspected person or accused to stand
a trial before a magistratea trial before a magistrate
 He can view a body to decide whether or not an autopsyHe can view a body to decide whether or not an autopsy
is requiredis required
* He can order the exhumation of a body for identification* He can order the exhumation of a body for identification
or for M.L. examinationor for M.L. examination
* He is authorized to order any qualified R.M.P.* He is authorized to order any qualified R.M.P.
to do postmortem examination and summon himto do postmortem examination and summon him
as an expert witness to his court.as an expert witness to his court.
 He can grant conduct moneyHe can grant conduct money
* He is empowered to appoint an in-charge* He is empowered to appoint an in-charge
coroner during his absence.coroner during his absence.
CORONER’S COURT :CORONER’S COURT :
** Court of inquiry into the causes of unnaturalCourt of inquiry into the causes of unnatural
deathsdeaths
* Presence of suspected or accused not* Presence of suspected or accused not
necessarynecessary
* It has no power to impose fines or* It has no power to impose fines or
sentence.sentence.
Circumstances where Coroner’sCircumstances where Coroner’s
Inquest is heldInquest is held
* Sudden death* Sudden death
* Murder, infanticide or suicide* Murder, infanticide or suicide
* Death by accident or poison* Death by accident or poison
* Death due to mishap by machinery* Death due to mishap by machinery
* Death occurring during operation or under* Death occurring during operation or under
anesthesiaanesthesia
* Deaths occurring in prison, police custody,* Deaths occurring in prison, police custody,
asylum, Brostal school etc.asylum, Brostal school etc.
Police InquestPolice Inquest ::
 Inquiry should be held by police in all unnaturalInquiry should be held by police in all unnatural
or suspicious death.or suspicious death.
 Not below the rank of head constableNot below the rank of head constable
 The Police officer making the preliminary inquiryThe Police officer making the preliminary inquiry
is called the “ Investigating officer”is called the “ Investigating officer”
* Information to nearest area magistrate.* Information to nearest area magistrate.
* He holds inquiry in presence of two or* He holds inquiry in presence of two or
more respectable person of the locality;more respectable person of the locality;
PanchasPanchas
Panch WitnessesPanch Witnesses
PanchayatdarsPanchayatdars
* He prepares a report as judged by him and* He prepares a report as judged by him and
Panchas with signaturesPanchas with signatures
PanchanamaPanchanama
Inquest reportInquest report
* If no foul play is suspected, he can hand* If no foul play is suspected, he can hand
over the body for disposal to relativesover the body for disposal to relatives
* In case he suspects the doubt about the* In case he suspects the doubt about the
cause of death, he can order for autopsy.cause of death, he can order for autopsy.
* Inquiry and trial of the case will start with* Inquiry and trial of the case will start with
the production of entire case records tothe production of entire case records to
Magistrate.Magistrate.
Magistrate’s InquestMagistrate’s Inquest
* Death of a convict in Jail* Death of a convict in Jail
* Death of a person in police custody or during* Death of a person in police custody or during
interrogationinterrogation
* Death as a result of police firing* Death as a result of police firing
* Exhumation cases* Exhumation cases
* Dowry deaths* Dowry deaths
Reasons of Magistrate’s InquestReasons of Magistrate’s Inquest
* No person is deprived of his liberty and his rights* No person is deprived of his liberty and his rights
as a citizen.as a citizen.
* No person is allowed to die, deprived of his right* No person is allowed to die, deprived of his right
due to neglect or brutality by the people indue to neglect or brutality by the people in
whose charge he/she is.whose charge he/she is.
* Doubt about the identity, cause of death, or* Doubt about the identity, cause of death, or
manner of death of a person whomanner of death of a person who is already buried.is already buried.
Medical Examiner’s systemMedical Examiner’s system
 Prevalent in the USAPrevalent in the USA
 Forensic pathologistForensic pathologist
 Superior to all other types of inquestSuperior to all other types of inquest
1.1. The code that defines offencesThe code that defines offences
andand prescribes punishment isprescribes punishment is
a) Indian Penal Code.a) Indian Penal Code.
b) Criminal Procedure Code.b) Criminal Procedure Code.
c) Indian Evidence Act.c) Indian Evidence Act.
d) Criminal Law Act.d) Criminal Law Act.
2. The term “inquest” refers to2. The term “inquest” refers to
a) Burial of a dead bodya) Burial of a dead body
b) Trial in a court.b) Trial in a court.
c) Investigation of all deaths.c) Investigation of all deaths.
d) Legal inquiry in unnatural deaths.d) Legal inquiry in unnatural deaths.
3. Which ONE of the following3. Which ONE of the following
systems exists in Indiasystems exists in India
a) Coroner’s inquest.a) Coroner’s inquest.
b) Medical Examiner’s system.b) Medical Examiner’s system.
c) Trial by Jury.c) Trial by Jury.
d) Magistrate’s inquest.d) Magistrate’s inquest.
5. Police inquest is5. Police inquest is NOTNOT
applicable in one of theapplicable in one of the
following situations.following situations.
a) Suicide.a) Suicide.
b) Accidental death.b) Accidental death.
c) Homicide.c) Homicide.
d) Dowry-related death.d) Dowry-related death.
6. Magistrate’s inquest is6. Magistrate’s inquest is
mandatory in which one of themandatory in which one of the
following cases.following cases.
a) Custodial death.a) Custodial death.
b) Exhumationb) Exhumation
c) Dowry deathc) Dowry death
d) All of the above.d) All of the above.
7. Coroner’s inquest is still in7. Coroner’s inquest is still in
force inforce in
a) Calcuttaa) Calcutta
b) Bombayb) Bombay
c) Delhic) Delhi
d) No part of Indiad) No part of India
8.8. Medical Examiner’s system isMedical Examiner’s system is
practiced inpracticed in
a) Indiaa) India
b) U.K.b) U.K.
c) U.S.A.c) U.S.A.
d) Irelandd) Ireland
9.9. Which of the following methods ofWhich of the following methods of
investigation is the most ideal ininvestigation is the most ideal in
unnatural deaths.unnatural deaths.
a) Police inquest.a) Police inquest.
b) Coroner’s inquestb) Coroner’s inquest
c) Magistrate’s inquestc) Magistrate’s inquest
d) Medical Examiner systemd) Medical Examiner system
CourtsCourts ::
* Supreme Court* Supreme Court
* High Courts* High Courts
* Session Courts* Session Courts
 Magistrates CourtsMagistrates Courts
- Chief judicial Magistrate- Chief judicial Magistrate
- Judicial Magistrate of First Class- Judicial Magistrate of First Class
- Judicial Magistrate of second Class- Judicial Magistrate of second Class
- Executive Magistrate- Executive Magistrate
““ Sentences Authorised by Law”Sentences Authorised by Law”
Death SentenceDeath Sentence
Life imprisonmentLife imprisonment
Imprisonment/ rigorous/simple/solitaryImprisonment/ rigorous/simple/solitary
Forfeiture of Property (now abolished)Forfeiture of Property (now abolished)
FineFine
Training and rehabilitation of young offendersTraining and rehabilitation of young offenders
Criminal courts of IndiaCriminal courts of India
SupremeSupreme
CourtCourt
New DelhiNew Delhi Passes any sentence.Passes any sentence.
Usually considers appealUsually considers appeal
from lower courtsfrom lower courts
High CourtHigh Court Capital ofCapital of
StateState
Can try any offence &Can try any offence &
pass any sentencepass any sentence
SessionsSessions
CourtsCourts
District HQDistrict HQ Can try only offencesCan try only offences
committed to it bycommitted to it by
Magistrate. Can passMagistrate. Can pass
any sentence, deathany sentence, death
sentence to be confirmedsentence to be confirmed
Criminal courts of IndiaCriminal courts of India
Magistrate’sMagistrate’s
courts:courts:
Chief Jud Mag/Chief Jud Mag/
Chief Metro MagChief Metro Mag
Taluq/Taluq/
subsub
divisiondivision
ofof
districtdistrict
Can pass a sentenceCan pass a sentence
of imprisonment uptoof imprisonment upto
7 yrs; fine without limit7 yrs; fine without limit
I class Jud MagI class Jud Mag Can pass a sentenceCan pass a sentence
of imprisonment uptoof imprisonment upto
3 yrs; fine upto Rs3 yrs; fine upto Rs
5000/5000/
Criminal courts of IndiaCriminal courts of India
ExecutiveExecutive
MagistrateMagistrate
District/District/
Taluq/Taluq/
subsub
divisiondivision
of districtof district
Not JudicialNot Judicial
Appointed by HighAppointed by High
Court.Court.
DeputyDeputy
Commissioner/Commissioner/
Collector/Tahsildar.Collector/Tahsildar.
ConductsConducts
Magistrate’s inquest.Magistrate’s inquest.
Can pass an orderCan pass an order
Proceedings in Court:Proceedings in Court:
* Subpoena* Subpoena
* Oath of Affirmation* Oath of Affirmation
* Recording of evidence / Proof* Recording of evidence / Proof
* Decision of Judge / Court* Decision of Judge / Court
* Execution of Court orders* Execution of Court orders
““Subpoena / Summons”Subpoena / Summons”
* It is a document commanding the* It is a document commanding the
attendance of a witness in a court of lawattendance of a witness in a court of law
under a penalty ( if not obeyed)under a penalty ( if not obeyed)
• It is issued by the court in writing, andIt is issued by the court in writing, and
signed by the presiding magistratesigned by the presiding magistrate
• Specific date & timeSpecific date & time
• It is served by a police officer or an officerIt is served by a police officer or an officer
of the courtof the court
* It is sent in duplicate* It is sent in duplicate
* A summons must be implicitly obeyed,* A summons must be implicitly obeyed,
unless there are valid and urgent reasonsunless there are valid and urgent reasons
* If the summoned witness fails to attend the* If the summoned witness fails to attend the
court, he is punished for guilty of contemptcourt, he is punished for guilty of contempt
of courtof court
* Priority of attendance* Priority of attendance
* Conduct money* Conduct money
Case on the same day ?Case on the same day ?
 Criminal courts have precedence over civilCriminal courts have precedence over civil
courtcourt
 Higher courts gets preference over lowerHigher courts gets preference over lower
courtscourts
 The court which served the summons firstThe court which served the summons first
receives preferencereceives preference
Failure to obey SummonsFailure to obey Summons
 Civil case- pay damagesCivil case- pay damages
 Criminal- imprisonment / warrant of arrestCriminal- imprisonment / warrant of arrest
& compulsory attendance& compulsory attendance
Conduct moneyConduct money
 In civil cases- a fee is tendered, to coverIn civil cases- a fee is tendered, to cover
the expenses of the witness to attendthe expenses of the witness to attend
court, at the time when the summons iscourt, at the time when the summons is
servedserved
 Paid by the party that has called thePaid by the party that has called the
witnesswitness
 In criminal cases no conduct money, butIn criminal cases no conduct money, but
court has made provision to paycourt has made provision to pay
reasonable expenses of witnessreasonable expenses of witness
““ Witness”Witness”
A witness is a person who gives aA witness is a person who gives a
statement or testimony under oath orstatement or testimony under oath or
solemn affirmation in the court of lawsolemn affirmation in the court of law
 Common witnessCommon witness
* Expert or skilled* Expert or skilled
 Expert witness-Expert witness-
chemical examinerchemical examiner
finger print expertfinger print expert
ballistic expertballistic expert
forensic expertforensic expert
doctordoctor
EVIDENCEEVIDENCE
Evidence means any statement in relation toEvidence means any statement in relation to
a matter or fact under inquiry or aa matter or fact under inquiry or a
document or something for the inspectiondocument or something for the inspection
of the court.of the court.
* Oral Evidence* Oral Evidence
* Documentary evidence* Documentary evidence
Oral EvidenceOral Evidence ::
It is the evidence of a person who says he saw,It is the evidence of a person who says he saw,
heard or perceived it in other words actualheard or perceived it in other words actual
witness.witness.
Documentary EvidenceDocumentary Evidence
Any documents produced for the inspection of theAny documents produced for the inspection of the
court, in relation to matter of fact under inquiry.court, in relation to matter of fact under inquiry.
Medical evidenceMedical evidence
 Oral –Oral – direct evidencedirect evidence
indirect evidenceindirect evidence
circumstantial evidencecircumstantial evidence
 Documentary –Documentary – medical certificatesmedical certificates
medico legal reportsmedico legal reports
dying declaration / depositiondying declaration / deposition
Medical certificatesMedical certificates
 Sickness certificateSickness certificate
 Medical fitness certificateMedical fitness certificate
 Fitness for employmentFitness for employment
 Vaccination certificateVaccination certificate
 Death certificatesDeath certificates
Medico legal reportsMedico legal reports
 Injury/ wound certificateInjury/ wound certificate
 Age certificateAge certificate
 Impotency/ potency certificateImpotency/ potency certificate
 Drunkenness certificateDrunkenness certificate
 Examination of victim / accused of rape/Examination of victim / accused of rape/
sodomysodomy
 Post mortem reportPost mortem report
Oral EvidenceOral Evidence
* Statement is given in person* Statement is given in person
= It must be direct= It must be direct
= Which refers to a fact= Which refers to a fact
= Which can be seen, heard, or perceived-= Which can be seen, heard, or perceived-
he will be the actual witness.he will be the actual witness.
= Oral evidence is superior to documentary= Oral evidence is superior to documentary
evidenceevidence
Primary EvidencePrimary Evidence
When documents are produced in the form ofWhen documents are produced in the form of
evidence is called primary evidence.evidence is called primary evidence.
Secondary EvidenceSecondary Evidence
When certified copy, photocopy or counterparts ofWhen certified copy, photocopy or counterparts of
original documents produced in the court calledoriginal documents produced in the court called
secondary evidence.secondary evidence.
Hearsay EvidenceHearsay Evidence
Evidence of a person who has no personalEvidence of a person who has no personal
knowledge of the facts, but just repeatsknowledge of the facts, but just repeats
what he/she heard others saywhat he/she heard others say
Circumstantial EvidenceCircumstantial Evidence
It is an evidence when something is foundIt is an evidence when something is found
Which gives clues about the offence.Which gives clues about the offence.
Dying Declarations:Dying Declarations:
Are the statements of a person who isAre the statements of a person who is
actually dying and who believes he isactually dying and who believes he is
dying, regarding the cause anddying, regarding the cause and
circumstance leading to his present state.circumstance leading to his present state.
It is admissible as an evidence where theIt is admissible as an evidence where the
cause of his death is under enquiry.cause of his death is under enquiry.
Dying declarationDying declaration
 Verbal/ written statementVerbal/ written statement
 Compos mentisCompos mentis
 2 Witnesses2 Witnesses
 No leading questions to be askedNo leading questions to be asked
 Signature/ thumb impression ofSignature/ thumb impression of
declarant, doctor, witnessesdeclarant, doctor, witnesses
 Sent to Magistrate in sealed envelopeSent to Magistrate in sealed envelope
 MLIMLI
Dying depositionDying deposition
It is a dying declaration made on Oath in theIt is a dying declaration made on Oath in the
presence of the accused or his legalpresence of the accused or his legal
representative who has the opportunity torepresentative who has the opportunity to
cross examine the dying person.cross examine the dying person.
This is recorded by the Magistrate, hence itThis is recorded by the Magistrate, hence it
carries more value than dying declaration.carries more value than dying declaration.
In the Court :In the Court :
““ If the law has made you a witness, remainIf the law has made you a witness, remain
a man of science. You have no victim toa man of science. You have no victim to
avenge, or guilty or innocent person toavenge, or guilty or innocent person to
ruin or save. You must bear testimonyruin or save. You must bear testimony
within the limits of sciencewithin the limits of science
- Brouanrdel- Brouanrdel
An ‘OathAn ‘Oath’’
It is a declaration required by law, to beIt is a declaration required by law, to be
made before the court, by the witness.made before the court, by the witness.
He swears in the name of God, that he willHe swears in the name of God, that he will
tell the truth, the whole truth, and nothingtell the truth, the whole truth, and nothing
but the truth.but the truth.
If the witness has religious scruples againstIf the witness has religious scruples against
swearing, he will be permitted to make aswearing, he will be permitted to make a
solemn affirmation.solemn affirmation.
Once a witness is thus sworn, if he does notOnce a witness is thus sworn, if he does not
speak the truth, he is liable to bespeak the truth, he is liable to be
prosecuted for the guilty of the crime,prosecuted for the guilty of the crime,
called,called,
““ Perjury”Perjury”
““ Willful utterance of falsehood”Willful utterance of falsehood”
Section 193 I.P.C.Section 193 I.P.C.
Recording of Evidence - PleadingRecording of Evidence - Pleading
 Examination-in-chiefExamination-in-chief
 Cross-examinationCross-examination
 Re-examinationRe-examination
 Question by JudgeQuestion by Judge
Examination-in-chiefExamination-in-chief
 Examination is done by the counsel side,Examination is done by the counsel side,
which has summoned him.which has summoned him.
 The object of the examination-in-chief is toThe object of the examination-in-chief is to
present all relevant facts of the casepresent all relevant facts of the case
before the court.before the court.
 If witness is expert he may be asked toIf witness is expert he may be asked to
elicit his inference or interpretations fromelicit his inference or interpretations from
the facts.the facts.
 No leading questions are allowed.No leading questions are allowed.
( leading question is one that suggest its( leading question is one that suggest its
own answer)own answer)
 Leading question can be asked whenLeading question can be asked when
witness become ‘ hostile’.witness become ‘ hostile’.
““Hostile witness is that witness who givesHostile witness is that witness who gives
evidence in the court of law under oath,evidence in the court of law under oath,
against the interest of the party who citesagainst the interest of the party who cites
him as witness.him as witness.
Common witness/ An expert witness.Common witness/ An expert witness.
Cross Examination:Cross Examination:
* Followed by examination-in-chief* Followed by examination-in-chief
* Examined by counsel for opposite party* Examined by counsel for opposite party
* To bring out inaccuracies and* To bring out inaccuracies and
contradictions in his statements.contradictions in his statements.
* To extract any facts which may be* To extract any facts which may be
favorable to his Clientfavorable to his Client
* Leading questions are allowed.* Leading questions are allowed.
* Cross examination need not be confined to* Cross examination need not be confined to
the statements;the statements;
= Qualification= Qualification
= Experience= Experience
= Professional knowledge= Professional knowledge
= Character= Character
* No time limit for cross examination.* No time limit for cross examination.
Re-examination:Re-examination:
* After cross- examination, the witness can* After cross- examination, the witness can
be examined by the counsel who calledbe examined by the counsel who called
him.him.
* To remove any doubts that may have* To remove any doubts that may have
arisen during cross examinationarisen during cross examination
* Leading questions are not allowed.* Leading questions are not allowed.
Court Question:Court Question:
* Presiding officer may /can ask question to* Presiding officer may /can ask question to
witness at any stage.witness at any stage.
* He can call witness again for his evidence,* He can call witness again for his evidence,
if needed by the court, related to the sameif needed by the court, related to the same
case.case.
4.4. A government-appointed lawyer whoA government-appointed lawyer who
tries a case on behalf of the police istries a case on behalf of the police is
calledcalled
a) Defender lawyera) Defender lawyer
b) Public prosecutorb) Public prosecutor
c) District attorneyc) District attorney
d) Police lawyerd) Police lawyer
11.11. The highest judicial appellateThe highest judicial appellate
tribunal in India istribunal in India is
a) High Courta) High Court
b) Supreme Courtb) Supreme Court
c) Ministry of legal affairsc) Ministry of legal affairs
d) Parliamentd) Parliament
1.1. A chief judicial magistrate can imposeA chief judicial magistrate can impose
punishment up topunishment up to
a) 7 years imprisonment and unlimited fine.a) 7 years imprisonment and unlimited fine.
b) 7 years imprisonment and fine up to Rs.b) 7 years imprisonment and fine up to Rs.
5000/-5000/-
c) 3 years imprisonment and fine up to Rs.c) 3 years imprisonment and fine up to Rs.
5000/-5000/-
d) 1 years imprisonment and fine up to Rs.d) 1 years imprisonment and fine up to Rs.
2.2. The method practiced in India toThe method practiced in India to
carry out a judicial sentence of deathcarry out a judicial sentence of death
isis
a) Hanginga) Hanging
b) Electrocutionb) Electrocution
c) Gassingc) Gassing
d) Lethal injection.d) Lethal injection.
3.3. A juvenile offender (male) is one whoA juvenile offender (male) is one who
is belowis below
a) 16 yearsa) 16 years
b) 14 yearsb) 14 years
c) 18 yearsc) 18 years
d) 21 yearsd) 21 years
13.13. The term ”Subpoena” is alsoThe term ”Subpoena” is also
referred to asreferred to as
a) Summonsa) Summons
b) Panchnamab) Panchnama
c) Warrantc) Warrant
d) Requisitiond) Requisition
16.16. The literal meaning of “Subpoena”The literal meaning of “Subpoena”
isis
a) Under penaltya) Under penalty
b) Under suspensionb) Under suspension
c) Under forcec) Under force
d) Under threatd) Under threat
18.18. Regarding attendance in a court of law toRegarding attendance in a court of law to
give evidence, all of the following are true,give evidence, all of the following are true,
EXCEPTEXCEPT
a) Criminal cases have priority over civil casesa) Criminal cases have priority over civil cases
b) Higher courts have priority over lower courts.b) Higher courts have priority over lower courts.
c) If two separate summons are issued from thec) If two separate summons are issued from the
same court, the summons issued second shouldsame court, the summons issued second should
be given priority over the first.be given priority over the first.
d) In all cases, the witness should inform the otherd) In all cases, the witness should inform the other
court (which he is unable to attend), about thecourt (which he is unable to attend), about the
20.20. A Coroner is empowered to do all ofA Coroner is empowered to do all of
the following EXCEPTthe following EXCEPT
a) He can summon witnesses.a) He can summon witnesses.
b) He can record evidence under oathb) He can record evidence under oath
c) He can order for an autopsyc) He can order for an autopsy
d) He can punish the guiltyd) He can punish the guilty
21.21. Immediately on receipt of informationImmediately on receipt of information
of an unnatural death, a policeof an unnatural death, a police
officer has to inform theofficer has to inform the
a) District collectora) District collector
b) Superintendent of Policeb) Superintendent of Police
c) Magistratec) Magistrate
d) District Health Officerd) District Health Officer
22.22. The term “ Panchanama” refers toThe term “ Panchanama” refers to
a) Dead body challan.a) Dead body challan.
b) Inquest reportb) Inquest report
c) Post term reportc) Post term report
d) The final report submitted by the policed) The final report submitted by the police
to the courtto the court
23.23. Non-compliance of summons in aNon-compliance of summons in a
civil court may render a person liablecivil court may render a person liable
forfor
a) Damages.a) Damages.
b) Fineb) Fine
c) Imprisonmentc) Imprisonment
d) None of the aboved) None of the above
24.24. Police inquest is held as perPolice inquest is held as per
a) Sec 174 of the Criminal Procedure Code.a) Sec 174 of the Criminal Procedure Code.
b) Sec 174 of the Indian Penal Codeb) Sec 174 of the Indian Penal Code
c)c) Sec 174 of the Indian Evidence ActSec 174 of the Indian Evidence Act
d) Sec 174 of the Police Manuald) Sec 174 of the Police Manual
5.5. Evidence given to the court whereEvidence given to the court where
the witness has not witnessed thethe witness has not witnessed the
act, but heard somebody talk aboutact, but heard somebody talk about
it, is calledit, is called
a) Secondary evidencea) Secondary evidence
b) Impersonal evidenceb) Impersonal evidence
c) Hearsay evidencec) Hearsay evidence
d) Circumstantial evidenced) Circumstantial evidence
7.7. Dying declaration is a statementDying declaration is a statement
made bymade by
a) The accused in a criminal offence justa) The accused in a criminal offence just
beforebefore the victim’s deaththe victim’s death
b) A victim of a criminal offence just beforeb) A victim of a criminal offence just before
hishis deathdeath
c) A witness in a criminal offence just beforec) A witness in a criminal offence just before
thethe victim’s deathvictim’s death
d) Any person in his death bed.d) Any person in his death bed.
8.8. When a magistrate is available toWhen a magistrate is available to
record a dying declaration, the rolerecord a dying declaration, the role
of a doctor isof a doctor is
a) Rendered superfluousa) Rendered superfluous
b) To act as a witnessb) To act as a witness
c) To attest the declarationc) To attest the declaration
d) To certify the victim’s mental status.d) To certify the victim’s mental status.
WarrantWarrant
 Written order- sign & seal of presidingWritten order- sign & seal of presiding
officer of courtofficer of court
 Bears name & designation of person whoBears name & designation of person who
is to execute itis to execute it
 Indicates name & add of accusedIndicates name & add of accused
 Must state the offence, he is accused ofMust state the offence, he is accused of
 Should indicate date of issueShould indicate date of issue
Non-Cognizable offenceNon-Cognizable offence
 Any offence for which the police officerAny offence for which the police officer
cannot arrest the accused without acannot arrest the accused without a
warrantwarrant
 E.g. Bribery, defamation, perjury, causingE.g. Bribery, defamation, perjury, causing
simple hurt, buying/ selling person forsimple hurt, buying/ selling person for
slaveryslavery
Cognizable offenceCognizable offence
 Any offence for which the police officerAny offence for which the police officer
may arrest the accused without a warrantmay arrest the accused without a warrant
 waging war against govt, counterfeitingwaging war against govt, counterfeiting
Indian currency, adulteration of food,Indian currency, adulteration of food,
destroying, damaging or defiling place ofdestroying, damaging or defiling place of
worship, theft, robbery, murder,worship, theft, robbery, murder,
kidnapping, rape, attempting suicide,kidnapping, rape, attempting suicide,
causing grievous hurt, dowry death, riotingcausing grievous hurt, dowry death, rioting
Bailable & Non bailableBailable & Non bailable
offencesoffences
 Bailable offenceBailable offence
attempting suicide, sale of obscene books,attempting suicide, sale of obscene books,
bribery, riotingbribery, rioting
 Non bailable offences:Non bailable offences:
adulteration of food, murder, dowry death,adulteration of food, murder, dowry death,
counterfeiting Indian currency, destroying,counterfeiting Indian currency, destroying,
damaging or defiling place of worshipdamaging or defiling place of worship
First Information Report (F.I.R.)First Information Report (F.I.R.)
 Any information given to the Police Officer,Any information given to the Police Officer,
related to a cognizable offence, which isrelated to a cognizable offence, which is
first, in point of time and on the basis offirst, in point of time and on the basis of
which the investigation commenceswhich the investigation commences
 Where is it lodged?Where is it lodged?
 What is its objective?What is its objective?
 What is its importance ?What is its importance ?
Doctor in the Witness box:Doctor in the Witness box:
* Attending the court punctually with all* Attending the court punctually with all
documents required by the court.documents required by the court.
* Study of documents before attending the* Study of documents before attending the
court to refresh his memorycourt to refresh his memory
* Avoid any indiscriminate talk in the court* Avoid any indiscriminate talk in the court
premises about the case.premises about the case.
* Evidence should be given with a clear and* Evidence should be given with a clear and
loud voice.loud voice.
* Statements should be in simple words and* Statements should be in simple words and
avoid technical terms.avoid technical terms.
* He may demonstrate his evidence by* He may demonstrate his evidence by
documentary supportdocumentary support
eg: Photographs and diagrams.eg: Photographs and diagrams.
Common legal termsCommon legal terms
 Accused- accused/ alleged to have committedAccused- accused/ alleged to have committed
crimecrime
 Acquittal-accused not guiltyAcquittal-accused not guilty
 Affidavit- voluntary written statement of factsAffidavit- voluntary written statement of facts
under oath before an officer of the court / notaryunder oath before an officer of the court / notary
publicpublic
 Appeal- complaint made to superior courtAppeal- complaint made to superior court
 Appellant- person who makes appealAppellant- person who makes appeal
 Assailant- one who has committed an assaultAssailant- one who has committed an assault
Common legal termsCommon legal terms
 Bail-security on behalf of accused person, onBail-security on behalf of accused person, on
giving which, he is released from custody,giving which, he is released from custody,
pending investigation/ court trialpending investigation/ court trial
 Warrant case- relating to an offence punishableWarrant case- relating to an offence punishable
with death, life imprisonment or imprisonmentwith death, life imprisonment or imprisonment
exceeding 2 yrsexceeding 2 yrs
 Summons case- relating to an offence, for whichSummons case- relating to an offence, for which
the punishment is less than 2yrs imprisonmentthe punishment is less than 2yrs imprisonment
Common legal termsCommon legal terms
 Civil case- dispute between 2 private partiesCivil case- dispute between 2 private parties
(wealth, property etc)(wealth, property etc)
 Criminal case- case between govt. and a privateCriminal case- case between govt. and a private
party concerning matters of public interest &party concerning matters of public interest &
safety (assault, robbery, murder, rape)safety (assault, robbery, murder, rape)
 Contempt of court- intentional insult orContempt of court- intentional insult or
interruption to a court during judicial proceedinginterruption to a court during judicial proceeding
 Conviction- accused proved guilty in court of lawConviction- accused proved guilty in court of law
 Culpability- being at fault, deserving punishmentCulpability- being at fault, deserving punishment
Common legal termsCommon legal terms
 Damage- injury suffered by a party as a result ofDamage- injury suffered by a party as a result of
action of anotheraction of another
 Damages- compensation payable to a victim, asDamages- compensation payable to a victim, as
decided by the courtdecided by the court
 Defendant- party against whom a complaint hasDefendant- party against whom a complaint has
been filed (accused)been filed (accused)
 Defence counsel- legal practitioner who acts onDefence counsel- legal practitioner who acts on
behalf of accusedbehalf of accused
 Public prosecutor- lawyer appointed by govt. forPublic prosecutor- lawyer appointed by govt. for
conducting prosecution on behalf of the stateconducting prosecution on behalf of the state
Common legal termsCommon legal terms
 Search warrant- written authority issuedSearch warrant- written authority issued
by magistrate to police officer, for searchby magistrate to police officer, for search
of any general / specified thing/ documentof any general / specified thing/ document
 Trial- legal process in accordance with theTrial- legal process in accordance with the
law, to determine guilt / innocencelaw, to determine guilt / innocence
 Verdict- formal decision or finding madeVerdict- formal decision or finding made
by a judge / jury at the end of a trial.by a judge / jury at the end of a trial.
THANK YOUTHANK YOU

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4 f chapter 04 legal procedure

  • 1. Forensic or Legal MedicineForensic 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.
  • 2. Medical Jurisprudence.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.
  • 3. Medical EthicsMedical 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.
  • 4. Medical EtiquetteMedical Etiquette Medical etiquette deals with the conventional laws of the courtesy observed between members of the medical profession.
  • 5. Recommended BooksRecommended 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.
  • 6. LEGAL PROCEDURELEGAL PROCEDURE Dr Ajee Kuruvilla.Dr Ajee Kuruvilla.
  • 8. INQUESTINQUEST It is defined as an inquiry into the causeIt is defined as an inquiry into the cause of death which is clearly not due to naturalof death which is clearly not due to natural causes.causes. * Coroner’s inquest* Coroner’s inquest * Police inquest* Police inquest * Magistrate inquest* Magistrate inquest * Medical examiner system* Medical examiner system
  • 9. CORONERCORONER * Usually an advocate* Usually an advocate * Attorney or Pleader* Attorney or Pleader * First Class Magistrate with 5yrs experience* First Class Magistrate with 5yrs experience * Metropolitan Magistrate* Metropolitan Magistrate * Medical Person* Medical Person
  • 10. POWERS OF CORONERPOWERS OF CORONER  Empowered to inquire into the causes of all unnatural orEmpowered to inquire into the causes of all unnatural or suspicious deaths.suspicious deaths.  Power to commit suspected person or accused to standPower to commit suspected person or accused to stand a trial before a magistratea trial before a magistrate  He can view a body to decide whether or not an autopsyHe can view a body to decide whether or not an autopsy is requiredis required * He can order the exhumation of a body for identification* He can order the exhumation of a body for identification or for M.L. examinationor for M.L. examination
  • 11. * He is authorized to order any qualified R.M.P.* He is authorized to order any qualified R.M.P. to do postmortem examination and summon himto do postmortem examination and summon him as an expert witness to his court.as an expert witness to his court.  He can grant conduct moneyHe can grant conduct money * He is empowered to appoint an in-charge* He is empowered to appoint an in-charge coroner during his absence.coroner during his absence.
  • 12. CORONER’S COURT :CORONER’S COURT : ** Court of inquiry into the causes of unnaturalCourt of inquiry into the causes of unnatural deathsdeaths * Presence of suspected or accused not* Presence of suspected or accused not necessarynecessary * It has no power to impose fines or* It has no power to impose fines or sentence.sentence.
  • 13. Circumstances where Coroner’sCircumstances where Coroner’s Inquest is heldInquest is held * Sudden death* Sudden death * Murder, infanticide or suicide* Murder, infanticide or suicide * Death by accident or poison* Death by accident or poison * Death due to mishap by machinery* Death due to mishap by machinery * Death occurring during operation or under* Death occurring during operation or under anesthesiaanesthesia * Deaths occurring in prison, police custody,* Deaths occurring in prison, police custody, asylum, Brostal school etc.asylum, Brostal school etc.
  • 14. Police InquestPolice Inquest ::  Inquiry should be held by police in all unnaturalInquiry should be held by police in all unnatural or suspicious death.or suspicious death.  Not below the rank of head constableNot below the rank of head constable  The Police officer making the preliminary inquiryThe Police officer making the preliminary inquiry is called the “ Investigating officer”is called the “ Investigating officer” * Information to nearest area magistrate.* Information to nearest area magistrate.
  • 15. * He holds inquiry in presence of two or* He holds inquiry in presence of two or more respectable person of the locality;more respectable person of the locality; PanchasPanchas Panch WitnessesPanch Witnesses PanchayatdarsPanchayatdars * He prepares a report as judged by him and* He prepares a report as judged by him and Panchas with signaturesPanchas with signatures PanchanamaPanchanama Inquest reportInquest report
  • 16. * If no foul play is suspected, he can hand* If no foul play is suspected, he can hand over the body for disposal to relativesover the body for disposal to relatives * In case he suspects the doubt about the* In case he suspects the doubt about the cause of death, he can order for autopsy.cause of death, he can order for autopsy. * Inquiry and trial of the case will start with* Inquiry and trial of the case will start with the production of entire case records tothe production of entire case records to Magistrate.Magistrate.
  • 17. Magistrate’s InquestMagistrate’s Inquest * Death of a convict in Jail* Death of a convict in Jail * Death of a person in police custody or during* Death of a person in police custody or during interrogationinterrogation * Death as a result of police firing* Death as a result of police firing * Exhumation cases* Exhumation cases * Dowry deaths* Dowry deaths
  • 18. Reasons of Magistrate’s InquestReasons of Magistrate’s Inquest * No person is deprived of his liberty and his rights* No person is deprived of his liberty and his rights as a citizen.as a citizen. * No person is allowed to die, deprived of his right* No person is allowed to die, deprived of his right due to neglect or brutality by the people indue to neglect or brutality by the people in whose charge he/she is.whose charge he/she is. * Doubt about the identity, cause of death, or* Doubt about the identity, cause of death, or manner of death of a person whomanner of death of a person who is already buried.is already buried.
  • 19. Medical Examiner’s systemMedical Examiner’s system  Prevalent in the USAPrevalent in the USA  Forensic pathologistForensic pathologist  Superior to all other types of inquestSuperior to all other types of inquest
  • 20. 1.1. The code that defines offencesThe code that defines offences andand prescribes punishment isprescribes punishment is a) Indian Penal Code.a) Indian Penal Code. b) Criminal Procedure Code.b) Criminal Procedure Code. c) Indian Evidence Act.c) Indian Evidence Act. d) Criminal Law Act.d) Criminal Law Act.
  • 21. 2. The term “inquest” refers to2. The term “inquest” refers to a) Burial of a dead bodya) Burial of a dead body b) Trial in a court.b) Trial in a court. c) Investigation of all deaths.c) Investigation of all deaths. d) Legal inquiry in unnatural deaths.d) Legal inquiry in unnatural deaths.
  • 22. 3. Which ONE of the following3. Which ONE of the following systems exists in Indiasystems exists in India a) Coroner’s inquest.a) Coroner’s inquest. b) Medical Examiner’s system.b) Medical Examiner’s system. c) Trial by Jury.c) Trial by Jury. d) Magistrate’s inquest.d) Magistrate’s inquest.
  • 23. 5. Police inquest is5. Police inquest is NOTNOT applicable in one of theapplicable in one of the following situations.following situations. a) Suicide.a) Suicide. b) Accidental death.b) Accidental death. c) Homicide.c) Homicide. d) Dowry-related death.d) Dowry-related death.
  • 24. 6. Magistrate’s inquest is6. Magistrate’s inquest is mandatory in which one of themandatory in which one of the following cases.following cases. a) Custodial death.a) Custodial death. b) Exhumationb) Exhumation c) Dowry deathc) Dowry death d) All of the above.d) All of the above.
  • 25. 7. Coroner’s inquest is still in7. Coroner’s inquest is still in force inforce in a) Calcuttaa) Calcutta b) Bombayb) Bombay c) Delhic) Delhi d) No part of Indiad) No part of India
  • 26. 8.8. Medical Examiner’s system isMedical Examiner’s system is practiced inpracticed in a) Indiaa) India b) U.K.b) U.K. c) U.S.A.c) U.S.A. d) Irelandd) Ireland
  • 27. 9.9. Which of the following methods ofWhich of the following methods of investigation is the most ideal ininvestigation is the most ideal in unnatural deaths.unnatural deaths. a) Police inquest.a) Police inquest. b) Coroner’s inquestb) Coroner’s inquest c) Magistrate’s inquestc) Magistrate’s inquest d) Medical Examiner systemd) Medical Examiner system
  • 28. CourtsCourts :: * Supreme Court* Supreme Court * High Courts* High Courts * Session Courts* Session Courts  Magistrates CourtsMagistrates Courts - Chief judicial Magistrate- Chief judicial Magistrate - Judicial Magistrate of First Class- Judicial Magistrate of First Class - Judicial Magistrate of second Class- Judicial Magistrate of second Class - Executive Magistrate- Executive Magistrate
  • 29. ““ Sentences Authorised by Law”Sentences Authorised by Law” Death SentenceDeath Sentence Life imprisonmentLife imprisonment Imprisonment/ rigorous/simple/solitaryImprisonment/ rigorous/simple/solitary Forfeiture of Property (now abolished)Forfeiture of Property (now abolished) FineFine Training and rehabilitation of young offendersTraining and rehabilitation of young offenders
  • 30. Criminal courts of IndiaCriminal courts of India SupremeSupreme CourtCourt New DelhiNew Delhi Passes any sentence.Passes any sentence. Usually considers appealUsually considers appeal from lower courtsfrom lower courts High CourtHigh Court Capital ofCapital of StateState Can try any offence &Can try any offence & pass any sentencepass any sentence SessionsSessions CourtsCourts District HQDistrict HQ Can try only offencesCan try only offences committed to it bycommitted to it by Magistrate. Can passMagistrate. Can pass any sentence, deathany sentence, death sentence to be confirmedsentence to be confirmed
  • 31. Criminal courts of IndiaCriminal courts of India Magistrate’sMagistrate’s courts:courts: Chief Jud Mag/Chief Jud Mag/ Chief Metro MagChief Metro Mag Taluq/Taluq/ subsub divisiondivision ofof districtdistrict Can pass a sentenceCan pass a sentence of imprisonment uptoof imprisonment upto 7 yrs; fine without limit7 yrs; fine without limit I class Jud MagI class Jud Mag Can pass a sentenceCan pass a sentence of imprisonment uptoof imprisonment upto 3 yrs; fine upto Rs3 yrs; fine upto Rs 5000/5000/
  • 32. Criminal courts of IndiaCriminal courts of India ExecutiveExecutive MagistrateMagistrate District/District/ Taluq/Taluq/ subsub divisiondivision of districtof district Not JudicialNot Judicial Appointed by HighAppointed by High Court.Court. DeputyDeputy Commissioner/Commissioner/ Collector/Tahsildar.Collector/Tahsildar. ConductsConducts Magistrate’s inquest.Magistrate’s inquest. Can pass an orderCan pass an order
  • 33. Proceedings in Court:Proceedings in Court: * Subpoena* Subpoena * Oath of Affirmation* Oath of Affirmation * Recording of evidence / Proof* Recording of evidence / Proof * Decision of Judge / Court* Decision of Judge / Court * Execution of Court orders* Execution of Court orders
  • 34. ““Subpoena / Summons”Subpoena / Summons” * It is a document commanding the* It is a document commanding the attendance of a witness in a court of lawattendance of a witness in a court of law under a penalty ( if not obeyed)under a penalty ( if not obeyed) • It is issued by the court in writing, andIt is issued by the court in writing, and signed by the presiding magistratesigned by the presiding magistrate • Specific date & timeSpecific date & time • It is served by a police officer or an officerIt is served by a police officer or an officer of the courtof the court * It is sent in duplicate* It is sent in duplicate
  • 35. * A summons must be implicitly obeyed,* A summons must be implicitly obeyed, unless there are valid and urgent reasonsunless there are valid and urgent reasons * If the summoned witness fails to attend the* If the summoned witness fails to attend the court, he is punished for guilty of contemptcourt, he is punished for guilty of contempt of courtof court * Priority of attendance* Priority of attendance * Conduct money* Conduct money
  • 36. Case on the same day ?Case on the same day ?  Criminal courts have precedence over civilCriminal courts have precedence over civil courtcourt  Higher courts gets preference over lowerHigher courts gets preference over lower courtscourts  The court which served the summons firstThe court which served the summons first receives preferencereceives preference
  • 37. Failure to obey SummonsFailure to obey Summons  Civil case- pay damagesCivil case- pay damages  Criminal- imprisonment / warrant of arrestCriminal- imprisonment / warrant of arrest & compulsory attendance& compulsory attendance
  • 38. Conduct moneyConduct money  In civil cases- a fee is tendered, to coverIn civil cases- a fee is tendered, to cover the expenses of the witness to attendthe expenses of the witness to attend court, at the time when the summons iscourt, at the time when the summons is servedserved  Paid by the party that has called thePaid by the party that has called the witnesswitness  In criminal cases no conduct money, butIn criminal cases no conduct money, but court has made provision to paycourt has made provision to pay reasonable expenses of witnessreasonable expenses of witness
  • 39. ““ Witness”Witness” A witness is a person who gives aA witness is a person who gives a statement or testimony under oath orstatement or testimony under oath or solemn affirmation in the court of lawsolemn affirmation in the court of law  Common witnessCommon witness * Expert or skilled* Expert or skilled
  • 40.  Expert witness-Expert witness- chemical examinerchemical examiner finger print expertfinger print expert ballistic expertballistic expert forensic expertforensic expert doctordoctor
  • 41. EVIDENCEEVIDENCE Evidence means any statement in relation toEvidence means any statement in relation to a matter or fact under inquiry or aa matter or fact under inquiry or a document or something for the inspectiondocument or something for the inspection of the court.of the court. * Oral Evidence* Oral Evidence * Documentary evidence* Documentary evidence
  • 42. Oral EvidenceOral Evidence :: It is the evidence of a person who says he saw,It is the evidence of a person who says he saw, heard or perceived it in other words actualheard or perceived it in other words actual witness.witness. Documentary EvidenceDocumentary Evidence Any documents produced for the inspection of theAny documents produced for the inspection of the court, in relation to matter of fact under inquiry.court, in relation to matter of fact under inquiry.
  • 43. Medical evidenceMedical evidence  Oral –Oral – direct evidencedirect evidence indirect evidenceindirect evidence circumstantial evidencecircumstantial evidence  Documentary –Documentary – medical certificatesmedical certificates medico legal reportsmedico legal reports dying declaration / depositiondying declaration / deposition
  • 44. Medical certificatesMedical certificates  Sickness certificateSickness certificate  Medical fitness certificateMedical fitness certificate  Fitness for employmentFitness for employment  Vaccination certificateVaccination certificate  Death certificatesDeath certificates
  • 45. Medico legal reportsMedico legal reports  Injury/ wound certificateInjury/ wound certificate  Age certificateAge certificate  Impotency/ potency certificateImpotency/ potency certificate  Drunkenness certificateDrunkenness certificate  Examination of victim / accused of rape/Examination of victim / accused of rape/ sodomysodomy  Post mortem reportPost mortem report
  • 46. Oral EvidenceOral Evidence * Statement is given in person* Statement is given in person = It must be direct= It must be direct = Which refers to a fact= Which refers to a fact = Which can be seen, heard, or perceived-= Which can be seen, heard, or perceived- he will be the actual witness.he will be the actual witness. = Oral evidence is superior to documentary= Oral evidence is superior to documentary evidenceevidence
  • 47. Primary EvidencePrimary Evidence When documents are produced in the form ofWhen documents are produced in the form of evidence is called primary evidence.evidence is called primary evidence. Secondary EvidenceSecondary Evidence When certified copy, photocopy or counterparts ofWhen certified copy, photocopy or counterparts of original documents produced in the court calledoriginal documents produced in the court called secondary evidence.secondary evidence.
  • 48. Hearsay EvidenceHearsay Evidence Evidence of a person who has no personalEvidence of a person who has no personal knowledge of the facts, but just repeatsknowledge of the facts, but just repeats what he/she heard others saywhat he/she heard others say Circumstantial EvidenceCircumstantial Evidence It is an evidence when something is foundIt is an evidence when something is found Which gives clues about the offence.Which gives clues about the offence.
  • 49. Dying Declarations:Dying Declarations: Are the statements of a person who isAre the statements of a person who is actually dying and who believes he isactually dying and who believes he is dying, regarding the cause anddying, regarding the cause and circumstance leading to his present state.circumstance leading to his present state. It is admissible as an evidence where theIt is admissible as an evidence where the cause of his death is under enquiry.cause of his death is under enquiry.
  • 50. Dying declarationDying declaration  Verbal/ written statementVerbal/ written statement  Compos mentisCompos mentis  2 Witnesses2 Witnesses  No leading questions to be askedNo leading questions to be asked  Signature/ thumb impression ofSignature/ thumb impression of declarant, doctor, witnessesdeclarant, doctor, witnesses  Sent to Magistrate in sealed envelopeSent to Magistrate in sealed envelope  MLIMLI
  • 51. Dying depositionDying deposition It is a dying declaration made on Oath in theIt is a dying declaration made on Oath in the presence of the accused or his legalpresence of the accused or his legal representative who has the opportunity torepresentative who has the opportunity to cross examine the dying person.cross examine the dying person. This is recorded by the Magistrate, hence itThis is recorded by the Magistrate, hence it carries more value than dying declaration.carries more value than dying declaration.
  • 52. In the Court :In the Court : ““ If the law has made you a witness, remainIf the law has made you a witness, remain a man of science. You have no victim toa man of science. You have no victim to avenge, or guilty or innocent person toavenge, or guilty or innocent person to ruin or save. You must bear testimonyruin or save. You must bear testimony within the limits of sciencewithin the limits of science - Brouanrdel- Brouanrdel
  • 53. An ‘OathAn ‘Oath’’ It is a declaration required by law, to beIt is a declaration required by law, to be made before the court, by the witness.made before the court, by the witness. He swears in the name of God, that he willHe swears in the name of God, that he will tell the truth, the whole truth, and nothingtell the truth, the whole truth, and nothing but the truth.but the truth. If the witness has religious scruples againstIf the witness has religious scruples against swearing, he will be permitted to make aswearing, he will be permitted to make a solemn affirmation.solemn affirmation.
  • 54. Once a witness is thus sworn, if he does notOnce a witness is thus sworn, if he does not speak the truth, he is liable to bespeak the truth, he is liable to be prosecuted for the guilty of the crime,prosecuted for the guilty of the crime, called,called, ““ Perjury”Perjury” ““ Willful utterance of falsehood”Willful utterance of falsehood” Section 193 I.P.C.Section 193 I.P.C.
  • 55. Recording of Evidence - PleadingRecording of Evidence - Pleading  Examination-in-chiefExamination-in-chief  Cross-examinationCross-examination  Re-examinationRe-examination  Question by JudgeQuestion by Judge
  • 56. Examination-in-chiefExamination-in-chief  Examination is done by the counsel side,Examination is done by the counsel side, which has summoned him.which has summoned him.  The object of the examination-in-chief is toThe object of the examination-in-chief is to present all relevant facts of the casepresent all relevant facts of the case before the court.before the court.  If witness is expert he may be asked toIf witness is expert he may be asked to elicit his inference or interpretations fromelicit his inference or interpretations from the facts.the facts.
  • 57.  No leading questions are allowed.No leading questions are allowed. ( leading question is one that suggest its( leading question is one that suggest its own answer)own answer)  Leading question can be asked whenLeading question can be asked when witness become ‘ hostile’.witness become ‘ hostile’. ““Hostile witness is that witness who givesHostile witness is that witness who gives evidence in the court of law under oath,evidence in the court of law under oath, against the interest of the party who citesagainst the interest of the party who cites him as witness.him as witness. Common witness/ An expert witness.Common witness/ An expert witness.
  • 58. Cross Examination:Cross Examination: * Followed by examination-in-chief* Followed by examination-in-chief * Examined by counsel for opposite party* Examined by counsel for opposite party * To bring out inaccuracies and* To bring out inaccuracies and contradictions in his statements.contradictions in his statements. * To extract any facts which may be* To extract any facts which may be favorable to his Clientfavorable to his Client * Leading questions are allowed.* Leading questions are allowed.
  • 59. * Cross examination need not be confined to* Cross examination need not be confined to the statements;the statements; = Qualification= Qualification = Experience= Experience = Professional knowledge= Professional knowledge = Character= Character * No time limit for cross examination.* No time limit for cross examination.
  • 60. Re-examination:Re-examination: * After cross- examination, the witness can* After cross- examination, the witness can be examined by the counsel who calledbe examined by the counsel who called him.him. * To remove any doubts that may have* To remove any doubts that may have arisen during cross examinationarisen during cross examination * Leading questions are not allowed.* Leading questions are not allowed.
  • 61. Court Question:Court Question: * Presiding officer may /can ask question to* Presiding officer may /can ask question to witness at any stage.witness at any stage. * He can call witness again for his evidence,* He can call witness again for his evidence, if needed by the court, related to the sameif needed by the court, related to the same case.case.
  • 62. 4.4. A government-appointed lawyer whoA government-appointed lawyer who tries a case on behalf of the police istries a case on behalf of the police is calledcalled a) Defender lawyera) Defender lawyer b) Public prosecutorb) Public prosecutor c) District attorneyc) District attorney d) Police lawyerd) Police lawyer
  • 63. 11.11. The highest judicial appellateThe highest judicial appellate tribunal in India istribunal in India is a) High Courta) High Court b) Supreme Courtb) Supreme Court c) Ministry of legal affairsc) Ministry of legal affairs d) Parliamentd) Parliament
  • 64. 1.1. A chief judicial magistrate can imposeA chief judicial magistrate can impose punishment up topunishment up to a) 7 years imprisonment and unlimited fine.a) 7 years imprisonment and unlimited fine. b) 7 years imprisonment and fine up to Rs.b) 7 years imprisonment and fine up to Rs. 5000/-5000/- c) 3 years imprisonment and fine up to Rs.c) 3 years imprisonment and fine up to Rs. 5000/-5000/- d) 1 years imprisonment and fine up to Rs.d) 1 years imprisonment and fine up to Rs.
  • 65. 2.2. The method practiced in India toThe method practiced in India to carry out a judicial sentence of deathcarry out a judicial sentence of death isis a) Hanginga) Hanging b) Electrocutionb) Electrocution c) Gassingc) Gassing d) Lethal injection.d) Lethal injection.
  • 66. 3.3. A juvenile offender (male) is one whoA juvenile offender (male) is one who is belowis below a) 16 yearsa) 16 years b) 14 yearsb) 14 years c) 18 yearsc) 18 years d) 21 yearsd) 21 years
  • 67. 13.13. The term ”Subpoena” is alsoThe term ”Subpoena” is also referred to asreferred to as a) Summonsa) Summons b) Panchnamab) Panchnama c) Warrantc) Warrant d) Requisitiond) Requisition
  • 68. 16.16. The literal meaning of “Subpoena”The literal meaning of “Subpoena” isis a) Under penaltya) Under penalty b) Under suspensionb) Under suspension c) Under forcec) Under force d) Under threatd) Under threat
  • 69. 18.18. Regarding attendance in a court of law toRegarding attendance in a court of law to give evidence, all of the following are true,give evidence, all of the following are true, EXCEPTEXCEPT a) Criminal cases have priority over civil casesa) Criminal cases have priority over civil cases b) Higher courts have priority over lower courts.b) Higher courts have priority over lower courts. c) If two separate summons are issued from thec) If two separate summons are issued from the same court, the summons issued second shouldsame court, the summons issued second should be given priority over the first.be given priority over the first. d) In all cases, the witness should inform the otherd) In all cases, the witness should inform the other court (which he is unable to attend), about thecourt (which he is unable to attend), about the
  • 70. 20.20. A Coroner is empowered to do all ofA Coroner is empowered to do all of the following EXCEPTthe following EXCEPT a) He can summon witnesses.a) He can summon witnesses. b) He can record evidence under oathb) He can record evidence under oath c) He can order for an autopsyc) He can order for an autopsy d) He can punish the guiltyd) He can punish the guilty
  • 71. 21.21. Immediately on receipt of informationImmediately on receipt of information of an unnatural death, a policeof an unnatural death, a police officer has to inform theofficer has to inform the a) District collectora) District collector b) Superintendent of Policeb) Superintendent of Police c) Magistratec) Magistrate d) District Health Officerd) District Health Officer
  • 72. 22.22. The term “ Panchanama” refers toThe term “ Panchanama” refers to a) Dead body challan.a) Dead body challan. b) Inquest reportb) Inquest report c) Post term reportc) Post term report d) The final report submitted by the policed) The final report submitted by the police to the courtto the court
  • 73. 23.23. Non-compliance of summons in aNon-compliance of summons in a civil court may render a person liablecivil court may render a person liable forfor a) Damages.a) Damages. b) Fineb) Fine c) Imprisonmentc) Imprisonment d) None of the aboved) None of the above
  • 74. 24.24. Police inquest is held as perPolice inquest is held as per a) Sec 174 of the Criminal Procedure Code.a) Sec 174 of the Criminal Procedure Code. b) Sec 174 of the Indian Penal Codeb) Sec 174 of the Indian Penal Code c)c) Sec 174 of the Indian Evidence ActSec 174 of the Indian Evidence Act d) Sec 174 of the Police Manuald) Sec 174 of the Police Manual
  • 75. 5.5. Evidence given to the court whereEvidence given to the court where the witness has not witnessed thethe witness has not witnessed the act, but heard somebody talk aboutact, but heard somebody talk about it, is calledit, is called a) Secondary evidencea) Secondary evidence b) Impersonal evidenceb) Impersonal evidence c) Hearsay evidencec) Hearsay evidence d) Circumstantial evidenced) Circumstantial evidence
  • 76. 7.7. Dying declaration is a statementDying declaration is a statement made bymade by a) The accused in a criminal offence justa) The accused in a criminal offence just beforebefore the victim’s deaththe victim’s death b) A victim of a criminal offence just beforeb) A victim of a criminal offence just before hishis deathdeath c) A witness in a criminal offence just beforec) A witness in a criminal offence just before thethe victim’s deathvictim’s death d) Any person in his death bed.d) Any person in his death bed.
  • 77. 8.8. When a magistrate is available toWhen a magistrate is available to record a dying declaration, the rolerecord a dying declaration, the role of a doctor isof a doctor is a) Rendered superfluousa) Rendered superfluous b) To act as a witnessb) To act as a witness c) To attest the declarationc) To attest the declaration d) To certify the victim’s mental status.d) To certify the victim’s mental status.
  • 78. WarrantWarrant  Written order- sign & seal of presidingWritten order- sign & seal of presiding officer of courtofficer of court  Bears name & designation of person whoBears name & designation of person who is to execute itis to execute it  Indicates name & add of accusedIndicates name & add of accused  Must state the offence, he is accused ofMust state the offence, he is accused of  Should indicate date of issueShould indicate date of issue
  • 79. Non-Cognizable offenceNon-Cognizable offence  Any offence for which the police officerAny offence for which the police officer cannot arrest the accused without acannot arrest the accused without a warrantwarrant  E.g. Bribery, defamation, perjury, causingE.g. Bribery, defamation, perjury, causing simple hurt, buying/ selling person forsimple hurt, buying/ selling person for slaveryslavery
  • 80. Cognizable offenceCognizable offence  Any offence for which the police officerAny offence for which the police officer may arrest the accused without a warrantmay arrest the accused without a warrant  waging war against govt, counterfeitingwaging war against govt, counterfeiting Indian currency, adulteration of food,Indian currency, adulteration of food, destroying, damaging or defiling place ofdestroying, damaging or defiling place of worship, theft, robbery, murder,worship, theft, robbery, murder, kidnapping, rape, attempting suicide,kidnapping, rape, attempting suicide, causing grievous hurt, dowry death, riotingcausing grievous hurt, dowry death, rioting
  • 81. Bailable & Non bailableBailable & Non bailable offencesoffences  Bailable offenceBailable offence attempting suicide, sale of obscene books,attempting suicide, sale of obscene books, bribery, riotingbribery, rioting  Non bailable offences:Non bailable offences: adulteration of food, murder, dowry death,adulteration of food, murder, dowry death, counterfeiting Indian currency, destroying,counterfeiting Indian currency, destroying, damaging or defiling place of worshipdamaging or defiling place of worship
  • 82. First Information Report (F.I.R.)First Information Report (F.I.R.)  Any information given to the Police Officer,Any information given to the Police Officer, related to a cognizable offence, which isrelated to a cognizable offence, which is first, in point of time and on the basis offirst, in point of time and on the basis of which the investigation commenceswhich the investigation commences  Where is it lodged?Where is it lodged?  What is its objective?What is its objective?  What is its importance ?What is its importance ?
  • 83. Doctor in the Witness box:Doctor in the Witness box: * Attending the court punctually with all* Attending the court punctually with all documents required by the court.documents required by the court. * Study of documents before attending the* Study of documents before attending the court to refresh his memorycourt to refresh his memory * Avoid any indiscriminate talk in the court* Avoid any indiscriminate talk in the court premises about the case.premises about the case.
  • 84. * Evidence should be given with a clear and* Evidence should be given with a clear and loud voice.loud voice. * Statements should be in simple words and* Statements should be in simple words and avoid technical terms.avoid technical terms. * He may demonstrate his evidence by* He may demonstrate his evidence by documentary supportdocumentary support eg: Photographs and diagrams.eg: Photographs and diagrams.
  • 85. Common legal termsCommon legal terms  Accused- accused/ alleged to have committedAccused- accused/ alleged to have committed crimecrime  Acquittal-accused not guiltyAcquittal-accused not guilty  Affidavit- voluntary written statement of factsAffidavit- voluntary written statement of facts under oath before an officer of the court / notaryunder oath before an officer of the court / notary publicpublic  Appeal- complaint made to superior courtAppeal- complaint made to superior court  Appellant- person who makes appealAppellant- person who makes appeal  Assailant- one who has committed an assaultAssailant- one who has committed an assault
  • 86. Common legal termsCommon legal terms  Bail-security on behalf of accused person, onBail-security on behalf of accused person, on giving which, he is released from custody,giving which, he is released from custody, pending investigation/ court trialpending investigation/ court trial  Warrant case- relating to an offence punishableWarrant case- relating to an offence punishable with death, life imprisonment or imprisonmentwith death, life imprisonment or imprisonment exceeding 2 yrsexceeding 2 yrs  Summons case- relating to an offence, for whichSummons case- relating to an offence, for which the punishment is less than 2yrs imprisonmentthe punishment is less than 2yrs imprisonment
  • 87. Common legal termsCommon legal terms  Civil case- dispute between 2 private partiesCivil case- dispute between 2 private parties (wealth, property etc)(wealth, property etc)  Criminal case- case between govt. and a privateCriminal case- case between govt. and a private party concerning matters of public interest &party concerning matters of public interest & safety (assault, robbery, murder, rape)safety (assault, robbery, murder, rape)  Contempt of court- intentional insult orContempt of court- intentional insult or interruption to a court during judicial proceedinginterruption to a court during judicial proceeding  Conviction- accused proved guilty in court of lawConviction- accused proved guilty in court of law  Culpability- being at fault, deserving punishmentCulpability- being at fault, deserving punishment
  • 88. Common legal termsCommon legal terms  Damage- injury suffered by a party as a result ofDamage- injury suffered by a party as a result of action of anotheraction of another  Damages- compensation payable to a victim, asDamages- compensation payable to a victim, as decided by the courtdecided by the court  Defendant- party against whom a complaint hasDefendant- party against whom a complaint has been filed (accused)been filed (accused)  Defence counsel- legal practitioner who acts onDefence counsel- legal practitioner who acts on behalf of accusedbehalf of accused  Public prosecutor- lawyer appointed by govt. forPublic prosecutor- lawyer appointed by govt. for conducting prosecution on behalf of the stateconducting prosecution on behalf of the state
  • 89. Common legal termsCommon legal terms  Search warrant- written authority issuedSearch warrant- written authority issued by magistrate to police officer, for searchby magistrate to police officer, for search of any general / specified thing/ documentof any general / specified thing/ document  Trial- legal process in accordance with theTrial- legal process in accordance with the law, to determine guilt / innocencelaw, to determine guilt / innocence  Verdict- formal decision or finding madeVerdict- formal decision or finding made by a judge / jury at the end of a trial.by a judge / jury at the end of a trial.