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Legal Procedure.pptx much useful in the field of law
1.
2. CONTENTS
1.INTRODUCTION 7.INQUEST
2 .INDIAN PANEL CODE 8.COURTS OF LAW
3.CRIMINAL PROCEDURE CODE 9.PUNISHMENTS
4.INDIAN EVIDENCE ACT 10.MEDICAL EVIDENCE
5.CRIMINAL LAW 11.WITNESS
6.CIVIL LAW
3. INTRODUCTION
• THE LEGAL PROCEDURE DEFINES OUR RIGHTS AND OBLIGATIONS AS CITIZENS.
• IT PROVIDES THE MEANS FOR ENFORCING THOSE RIGHTS AND OBLIGAN, FAIRLY AND
EFFECTIVELY.
• IT DEFINES WHERE, WHEN AND HOW LEGAL IS TO BE STARTED, CONDUCTED AND
CARRIED TO A CONCLUSION
4. INDIAN PANEL CODE (IPC) 1860 :
• IT DEALS WITH SUBSTANTIVE CRIMINAL LAW OF INDIA.
• .IT DEFINES OFFENCES AND PRESCRIBES PUNISHMENTS.
CRIMINAL PROCEDURE CODE (CRPC) 1973
• IT DEALS WITH :
1.PROCEDURE OF INVESTIGATION AND CRIMINAL PROCEEDINGS.
2.IT PROVIDES MECHANISM OF PUNISHMENT OF OFFENCES AGAINST THE SUBSTANTIVE
CRIMINAL LAW.
5. INDIAN EVIDENCE ACT (IEA)1872:
IT DEALS WITH:
1.DIFFERENT CATEGORY OF EVIDENCES ,PROCEDURE OF COLLECTION OF EVIDENCES
,PRESERVATION AND USE OF
DIFFERENT EVIDENCES.
2.IT IS COMMON TO BOTH CIVIL AND CRIMINAL PROCEDURES
CRIMINAL LAW
1.DEALS WITH OFFENCES WHICH ARE AGAINST THE PUBLIC INTEREST
2.HERE STATE IS ONE PARTY REPRESENTED BY PUBLIC PROSECUTOR AND
ACCUSED IS OTHER PARTY
6. CIVIL LAW:
• DEALS WITH DISPUTES BETWEEN TWO INDIVIDUALS OR PARTIES
.ONE PARTY IN CIVIL CASE IS KNOWN AS“PLAINTIFF”.
• OTHER PARTY OR ACCUSED IN BOTH CIVIL AND CRIMINAL CASES IS KNOWN AS
DEFENDANT”.
INQUEST:
IT IS AN INQUIRY OR INVESTIGATION INTO CAUSE OF DEATH.
• TYPES
2 TYPES :
• 1.POLICE INQUEST
• 2.MAGISTRATE INQUEST
7. • COURTS OF LAW
• TWO TYPES:
1.CIVIL COURT 2.CRIMINAL COURT:
CRIMINAL COURTS ARE OF FOUR TYPES:
A.SUPREME COURT
B.HIGH COURT
C.MAGISTRATE COURTS
D.SESSION COURT
JUVENILE COURT
• BASED ON THE FACT THAT THE CHILDREN DIFFER FROM ADULTS IN MENTALITY. THEY TRY OFFENCES
COMMITTED
BY JUVENILES(AGE BELOW 18 YEARS). JUVENILE COURT IS USUALLY PRESIDED BY WOMAN
MAGISTRATE
8. OFFENCES
• OFFENCE MEANS ANYACT OR OMISSION MADE PUNISHABLE BY LAW.
TYPES
1.BAILABLE
2.NON-BAILABLE ,
3.COGNISABLE ,
4 NON COGNISABLE
• COGNISABLE OFFENCE
IT IS AN OFFENCE IN WHICH THE POLICE OFFICER CAN ARREST A PERSON WITHOUT THE WARRANT FROM THE
MAGISTRATE.THE PERSON IS SENT TO DOCTOR FOR MEDICAL EXAMINATION.
• NON – COGNISABLE OFFENCE
IN NON-COGNISABLE OFFENCES THE INJURED PERSON MAY GO DIRECTLY TO THE DOCTOR OR HE MAY FILE AN
AFFIDAVIT IN THE COURT OF MAGISTRATE WHO WILL SEND HIM TO THE DOCTOR FOR EXAMINATION AND REPOR
10. MEDICAL EVIDENCE
1.IT MEANS: ALL STATEMENTS WHICH THE COURT PERMITS OR REQUIRES TO BE MADE BEFORE IT BY
WITNESSES, IN RELATION TO MATTER OF FACT UNDER INQUIRY.
2.IT INCLUDES: ALL DOCUMENTS PRODUCED FOR THE INSPECTION OF COURT.
TYPES OF MEDICAL EVIDENCE
1.DOCUMENTARY
2.ORAL:A.DIRECT B.INDIRECT OR CIRCUMSTANTIAL C. HEARSAY
11. MEDICAL CERTIFICATE
• THEY REFER TO ILL HEALTH, INSANITY,AGE,DEATH ETC.
• THE MEDICAL PRACTITIONER IS BOUND TO ISSUE DEATH CERTIFICATE,STATING THE
CAUSE OF DEATH,
WITHOUT CHARGING THE FEES.
• .ISSUING FALSE MEDICAL CERTIFICATE IS PUNISHABLE UNDER SECTION 1971PC
MEDICAL REPORTS:
• THE MEDICAL REPORTS PREPARED BY A DOCTOR ON REQUEST OF THE INVESTIGATING
OFFICER,
USUALLY IN THE CRIMINAL CASES.
• THE REPORT CONSISTS OF TWO PARTS.
12. WITNESSES
1.A PERSON WHO GIVES EVIDENCES REGARDING FACTS.
A.COMMON WITNESS
B.EXPERT WITNESS
COMMON WITNESS:
1.PERSON WHO GIVES EVIDENCE ABOUT THE FACTS OBSERVED OR PERCEIVED BY HIM.
2.PRINCIPLE IS KNOWN AS “FIRST HAND KNOWLEDGE RULE”
EXPERT WITNESS:
A PERSON WHO HAS BEEN TRAINED OR IS SKILLED OR HAS KNOWLEDGE IN TECHNICAL
OR SCIENTIFIC SUBJECT,
AND IS CAPABLE OF DRAWING THE OPINION AND CONCLUSIONS FROM THE FACTS
OBSERVED BY HIMSELF OR
NOTICED BY OTHERS. : DOCTOR, FINGERPRINT EXPERT,BALLISTIC EXPERT.
13. RECORD OF EVIDENCE
• OATH:
• OATH IS DECLARATION REQUIRED BY LAW, WHICH IS COMPULSORY AND HOLD THE
WITNESS RESPONSIBLE FOR
THE CONSEQUENCES OF HIS EVIDENCE.
EXAMINATION-IN-CHIEF
• DIRECT EXAMINATION
1.THIS IS THE FIRST EXAMINATION OF A WITNESS.
2.QUESTION ARE PUT TO HIM BY THE LAWYER FOR THE SIDE WHICH HAS SUMMONED HIM.
3.IN CRIMINAL CASES BURDEN TO PROVE IS ALWAYS ON THE PROSECUTION, AND ACCUSED
IS PRESUMED TO
.BE INNOCENT TILL THE CONTRARY IS PROVED AGAINST HIM.
4.NO LEADING QUESTION IS ALLOWED.
14. CROSS-EXAMINATION
• WITNESS IS QUESTIONED BY THE LAWYER FOR THE OPPOSITE PARTY.
• .THE DEFENSE WITNESS IS CROSS EXAMINED BY THE PUBLIC PROSECUTOR.
• .LEADING QUESTIONS ARE ALLOWED.
THE MAIN OBJECTS ARE:
• .TO ELICIT FACTS FAVOURABLE TO HIS CASE.
• TO TEST THE ACCURACY OF STATEMENT MADE BY WITNESS.
• .TO MODIFY OR EXPLAIN WHAT HAS BEEN SAID
• TO DEVELOP NEW OR ODD FACTS
15. RE-EXAMINATION
• (RE-DIRECT EXAMINATON)
• THIS IS CONDUCTED BY THE LAWYER FOR THE SIDE WHICH HAS CALLED THE
WITNESS.
THE OBJECTIVS
• TO CORRECT ANY MISTAKE OR CLARIFY OR TO ADD THE DETAILS TO THE STATEMENT
MADE BY WITNESS IN CROSS-EXAMINATION.
• LEADING QUESTIONS ARE NOT ALLOWED.
• THE OPPOSING LAWYER HAS RIGHT TO RE CROSS-EXAMINATION ON THE NEW POINT
RAISED