This presentation explains about the detailed introduction of Forensic Medicine.

1. 21FSC2T463: FORENSIC MEDICINE
UNIT 1: Introduction to Forensic Medicine
Prof. Mayank David Raiborde
Asst. Professor
Dept. of Forensic Science
Kristu Jayanti College (Autonomous) Bengaluru

2. INTRODUCTION
• FORENSIC – Latin word – “Forum”
• MEDICINE – wide implications when used next to
forensic i.e.
use of the vast medical knowledge in solving medico
legal problems like:
finding out the exact cause of death or time since death
• Thus, “Forensic Medicine is the branch of medical
science which deals with the application of medical
knowledge to aid in the administration of justice”.
• F. Medicine was previously known as Medical
Jurisprudence;
• Latin word “jurisprudentia” (Juris=Law;
Prudence=Knowledge) meaning “the study, knowledge
or science of law”.

3. DEFINITION
• Forensic Medicine is an application of medical knowledge for the purpose of law both civil and criminal for
example in cases of assault, vehicular accidents.
• The Forensic expert can opine if the said injuries have been caused due to vehicular accident or not, duration of
injuries, nature of injuries and the cause of death etc.
• Similarly, in case of a sexual assault, the forensic expert is able to give opinion that whether the said act has been
committed or not, the type of injuries and the duration of the act, etc.
• The Forensic expert has to possess the basic knowledge of other branches of medical sciences so as to solve the
problems related to medicolegal issues e.g. In cases of anesthetic deaths, alleged negligence, criminal abortion and
sudden deaths due to various causes.
• MEDICAL JURISPRUDENCE - legal responsibilities of the physician with particular reference to those arising
from doctor-patient relation, such as medical negligence cases, ethical conducts on the part of a doctor,
professional misconducts etc. To be precise, it deals with the legal aspects of the practice of medicine.

4. • Medical Jurisprudence found its chair in the year of 1807 at the University of Edinburgh, first to be occupied by
Andrew Duncan the junior (1773 to 1832) who was a Scottish physician and professor at University of Edinburgh,
imposed thereby during the era of prominent British statesman Charles James Fox.
• Forensic medicine was also termed as State medicine which was recommended by Dr. Stanford Emerson Chaille in
1949 (Father of Hygiene and health education in America) and was developed to regulate and guide the code of
conduct of registered medical practitioners and to supervise the allied medical practice.
• MEDICAL ETHICS - the moral principles which should guide members of the medical profession in their
• dealings with each other, their patients and the state.
• MEDICAL ETIQUETTE - the conventional laws of courtesy observed between members of the medical
profession. This is a self-imposed behavior of the doctor towards his colleague and as such is not punishable.
• However, it is implied that a doctor should behave with his colleague in a way he should behave with himself and
should not de mean or degrade a fellow professional while dealing with patient.

5. HISTORY
• Before Christ era - The eternal bond between legal medicine and world history.
• 7th Century BC - the “Charaka Samhita” described regarding code of medical ethics, training duties, social
status and privileges of a physician, including description of various poisons and the possible treatment.
• Mithya - negligent treatment and has been used in Charaka Samhita to describe the same.
• Sushruta Samhita – “Mithyopachara” : describe improper conduct on the part of the physician
• 4th Century BC – King Manu: considered as the law giver - punishments for offences like sexual assault etc in
“Manusmriti”
• Manusmriti: mental incapacity due to alcohol intoxication or old age or insanity
• Various law codes - Manusmriti, Kautilya‟s Arthashastram, Yajnavalkya Smriti: described regarding
compensation given to victim in medical negligence cases as high as 1000 pana (silver coins).
• Kautilya‟s Arthasashtra - defined various torture guidelines and methods of torture of a convict as well as
regulation of medical practice.

6. • Kautilya – also called India’s Machiavelli: described numerous topics including dark occult arts, foreign
policies, etc.
• 27th Century BC – Imhotep known as Grand Vazir, Chief justice and Chief physician of King Zoser of Egypt:
enacted rules for medical practice.
• The oldest medico legal code: 2200 BC and is described under The Code of Hammurabi.
• Jewish tradition - dead bodies were respected; it was believed - handling a dead body makes a man unclean for
days; prompt and respectful burial of the dead body; Rabbis - forbid postmortem dissection of the body.
• 100 AD- students of Rabbi Ismael obtained the body of a young harlot and boiled off the soft tissue in order to
count the number of bones present in the body.
• Autopsies were not permitted in the orthodox Jewish community until the late 20th century, when Knesset, the
Israeli parliament passed law permitting autopsy under strict limited conditions.
• First medico legal autopsy: Bologna (Italy) in the year 1302 by Bartolomeo De Varignana.
• 1st Book on F. Medicine - Italian physician Fortunato Fedele (1602).
• Paulo Zacchias - principal physician to pope Innocent X, Alexander VII and an expert before Rota Romana, the
court of appeal; his works are considered the greatest and described in “Questiones Medicolegales”.
• This was published in seven volumes spanning over a period of 1621 to 1635 along with two additional volumes
in 1666 at Amsterdam.
• Paulo Zacchias: father of legal medicine as well as father of forensic psychiatry.

7. • 16th Century - autopsies were generally practiced in medico legal cases.
• 18th Century - professorships were founded in legal medicine by the state of Germany.
• In India - the first recorded medico legal autopsy was done by Dr. Edward Bulkley on the afternoon of 28th
August 1693 over the dead body of Mr. Wheeler, a member of council and Chief Justice of Choultry in Chennai.
• India's first medical school was established in Kolkata in the year 1822.
• The same was converted into a college in 1835 along with inception of Madras Medical College. Afterwards it
was same college where first chair of professor of medical jurisprudence was established in 1857.

8. The Indian Medical Council Act, 1956 (Professional Conduct & Ethics)
Regulations, 2002
• This Act provides constitution of the Medical Council
of India (MCI) and the maintenance of a Medical
Register for India and for matters connected there with.
The act is amended in 1964 and 1993.
• The MCI has exclusive right grant recognition to
medical college, new or higher courses or training or to
increase the capacity in the training or course
qualification granted by Universities or medical
colleges in India (Sec. 11, 12, 13).
• The registered medical persons are entitled to practice
allopathic system of medicine (Sec. 15).
• Instructions are given for recognition of medical
institutions and to monitor and maintain standards of
medical education (Sec. 16-20).
• The council has made regulations for "standards of
professional conduct, etiquette and code of ethics"
which should be observed by medical practitioners.
These are mandatory and followed by all other State
Medical Councils Sec. 33).
• Indian Medical Council (Professional Conduct, and
Ethics) Regulations related to the professional conduct,
etiquette and ethics were notified in 2002. Following
chapters are described :
1. Code of Medical
Ethics
2. Duties of
Physician to their
Patients
3. Duties of Physician
in Consultation
4. Responsibilities of
Physicians towards
each other.
5. Duties of physician
to the public and to
the paramedical
profession
6. Unethical Acts &
Misconducts

9. COURT PROCEDURES
• The presence of the accused during the trial plays a vital role in
concluding a fair trial. .
• The attendance of the accused can be procured either by issuing of
summons or by arresting and detaining him or by issuing of
proclamation or by attachment of property or bonds and sureties.
• The code classifies the criminal case as a summons case and a
warrant case. The classification is based on the seriousness of the
crime committed.
• According to Section 2(w) of the Criminal Procedure Code, a
summons case means a case relating to an offence and not being a
warrant case.
• According to Section 2(x) CrPC, a warrant case means a case
relating to an offence punishable with death, imprisonment for life
or imprisonment for a term exceeding two years.

10. SUMMONS: “to appear and answer before the court.”
• Meaning of Summons: Summon is a legal document issued by the court directed to a person to appear before a
judge or Magistrate. According to section 205(1) CrPC, issuing summons may permit the accused to appear
through his pleader.
• Essentials of Summon: Summons should be clear and specific. Further, according to section 61 of the Criminal
Procedure Code:
i. Summons shall be in writing.
ii. Summons shall be served in duplicate
iii. Summons shall be signed by the presiding officer of the court issuing it.
iv. Summons shall bear the seal of the court.
• Contents of Summon: The summons should contain adequate particulars:
i. The name of the court issuing it.
ii. Name and address of the party receiving summons.
iii. Offence charged with.
iv. Seal of the court.

11. • Service of Summons: According to Section 62 CrPC, the summons shall be served by
the police, or subject to rules made by the State Government on this behalf, by an officer
of the court or other public servant. If practicable, the summons shall be served
personally on the person summoned who shall sign a receipt.
• Service When a Person Summoned Cannot Be Found: According to section 64
CrPC, when the person to be summoned cannot be found, the summons shall be served
by leaving the duplicate with an adult male member of the family who resides with the
person summoned. Such a member may sign the receipt if required. This is also known
as the extended service of summons. It is to be noted a servant is not considered a
member of the family under this section.
• When Service of Summons Cannot Be Effected: According to section 65 CrPC,
when service cannot be effected as provided under sections 62, 63, 64, the duplicate of
summons shall be affixed to some conspicuous part of the house in which the person
summoned resides. This is also known as substituted service of summons.
• Service on Government Servant: According to section 66 CrPC, when the summon is
to be served to a government servant, the duplicate of the summons shall be sent to the
head of the office in which such person is employed.
• Service Outside Local Limits: According to section 67 CrPC, if the summons is to be
served outside the local limits, the court shall send such summons in duplicate to the
Magistrate within whose local jurisdiction the person summoned resides.
• Summons to Witness: According to section 311 CrPC, the court can anytime summon
and examine any person as a court witness if his evidence appears essential for the
interest of the case. The court also has the authority to recall or re-examine a witness
already examined.

12. • What is Warrant?  A warrant is a legal document that the Judge or
Magistrate issues, which empowers a police officer to arrest any person,
search or seize any premises, or take any other action.
• A warrant is a written document issued by the court to compel the
appearance or arrest of any person or search any place that the court
requires.
• The warrant of arrest has been dealt with under Section 70 to 81 in the
Criminal Procedure Code.
• Section 70 (CrPC): a written legal document that is duly signed by the
presiding officer and contains the seal of the court. It authorizes a police
officer to make any arrest.
• The purpose of issuing the warrant are:
1. To bring the accused before the court for his trial.
2. Production of things and documents.
• Warrants are issued according to Form No. 2 of the 2nd Schedule
(CrPC).
WARRANT: “order that serves as a specific type of authorization”

14. • Essentials of Warrant: According to Section 70 of (CrPC):
1. The warrant of arrest must be in writing.
2. It must be signed by the Magistrate.
3. It must bear the seal of the court.
• Contents of Warrant: According to CrPC, these are the contents of a warrant:
1. It must mention the name and other particulars of the person who is to be arrested.
2. It must specify the offence with which the person to be arrested is charged.
3. The warrant must clearly show the authority given to the person for arrest.
4. It may also include a direction that if the person arrested executes a bond and gives
security, he shall be released.
• Execution of Warrant:
 Section 72(CrPC) - a warrant may be directed to the police officer or any person.
 Section 74 (CrPC) - a warrant directed to any police officer can also be executed by any other police officer whose name is
endorsed upon by the police officer directed.
• Execution outside the local jurisdiction: Section 78 (CrPC), when the warrant is to be executed outside local jurisdiction
then, such warrant will not be directed to the police officer. Instead, it will be directed to any Executive Magistrate, District
Superintendent of Police or Commissioner of Police within whose local jurisdiction the warrant is to be executed they may
further endorse the name of the police officer thereon.
• Section 80 (CrPC): such arrested person shall be taken before such Magistrate or District Superintendent or Commissioner
in whose district arrest is made;

15. Difference between Summon and Warrant
SR. NO. PROPERTY SUMMON WARRANT
1. Object It is a legal notice that notifies
the person about the legal
obligation (responsibility) to
appear before the court.
it is a legal document whose object is to
bring the accused (who has ignored the
summons and has not appeared) to the
court.
2. Issued to It is issued to a
person/parties/witnesses.
It is issued to the police officer.
3. Motto It directs the person to appear
before the court or to produce
any document or thing.
It authorizes a police officer to arrest the
accused and produce him before the court.
4. Copy It has a duplicate copy, as per
section 61 of the Code of
Criminal Procedure.
It does not have a duplicate copy, as per
section 70 of the Code of Criminal
Procedure.
5. Nature It is a liberal invitation. It is an order (to forcefully compel).

16. • A witness may be any person who has the ability to perceive a
fact through his senses.
• A competent witness may perceive any act from his eyes or
ears or smell or sensation or touch or any other reasonable
mode.
• Sec 118 (IEA):
a competent witness is one who has the capacity and ability to
understand the questions put to him by the court.
If he has the understanding of questions and the ability to give
rational answers, then he is a competent witness.
• Any person can be a witness; no restriction as to who can be
a witness; A person, either male or female, a child or aged, can
be a witness.
• Only Restriction: if a person does not understand the
questions and is not able to answer rationally, then he is not
a competent witness.
WITNESS: “a person who witnesses any act or series of acts or a
scene taking place.”

17. TYPES OF WITNESS
1. INTRESTED WITNESS: a person who wants the accused to be behind bars for the crime he committed. Any person
may be an interested witness like a friend of the prosecution, or any other person who wants the culprit to be punished.
2. CHANCE WITNESS: Any person who, by coincidence or chance, is present at the scene of a crime or is passing by
the scene of a crime is called a chance witness. If such a person gives testimony in court, he is treated as a chance
witness.
3. STOCK WITNESS: Stock means “something which is stored or kept in for future use as per the availability.” A
person who remains at the backfoot of police and comes in front as per directions of police. Their testimony is not very
reliable, and the court always opts not to stand on his testimony. Such witnesses are highly disfavored by the judges.
4. I-WITNESS: A person who, from his eyes, witnesses any act or scene of the crime, is an eye witness to that offence.
An eye witness may be any person like a stranger or relative or any other person. From the perspective of evidence, an
eye witness is an important evidence in solving a case. It is generally said that anything can betray but not the eyes.
5. OFFICIAL WITNESS: a person from the police force gives testimony in the court of law, it is an official witness. It
is termed an official witness because a person on duty gives evidence in favour of the prosecution. It is said that
evidence of the police witness should not be discarded merely because a person belongs to the police force, and
therefore he can be biased towards prosecution in making the case strong. His credibility cannot be doubted in this
manner.
6. RELATED WITNESS: a person to be a witness in court is a relative of the person who called him to be produced as a
witness, is related witness. When a person is related to a person, his statement shall not be discarded or rejected due to
the reason that he is his relative, and he may be biased in the case. It should not be presumed that a related witness will
always favour his relative and not the truth. If, after strict scrutiny, a related witness seems to be trustworthy and
credible of giving testimony, then his evidence must be appreciated in court.

18. INQUEST
• “Inquest” refers to a legal or judicial inquiry conducted to establish specific facts.
• Sec 174 (CrPC): An inquest report is a report prepared by the police or a designated officer in cases involving
unnatural deaths or deaths under suspicious circumstances.
• It is a document that provides preliminary information and details regarding the cause, circumstances, and other
relevant factors related to the death.
• The primary objective of an inquest report is to investigate the reasons behind an unnatural death.
• In situations involving unnatural deaths, the State must determine the cause of death and initiate appropriate
actions. Thus, the purpose of an inquest report is to establish factual information that can aid in identifying
and punishing the perpetrator.
• The inquest report includes the following details:
• The apparent cause of death.
• Description of wounds, fractures, bruises, or any other visible signs of injury found on the deceased
body.
• Assessment of how the marks of injury seem to have been inflicted.
• Identify the weapon or instrument that appears to have been used to cause such injuries.
• Manohari & Ors. vs The Dist. Superintendent of Police & Ors. (2018): Madras HC ruled that when dealing
with unnatural deaths registered under Section 174 (CrPC), the police cannot conclude the case solely by
submitting a report to the Executive Magistrate.

19. TYPES OF INQUEST