The document discusses various legal procedures and terms in forensic medicine and law. It defines forensic medicine, medical jurisprudence, medical ethics, and etiquette. It then discusses inquest procedures including coroner's, police, and magistrate's inquests. It also covers courts, evidence, legal terms like warrants, cognizable/non-cognizable offenses, and more.

2. LEGAL PROCEDURES
 PROF.DR.R.P.D’SOUZA
 MD(Hom)
 M-9850621779

3. Forensic Medicine
Forensic is also called as 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.

4. Medical Jurisprudence.
Medical Jurisprudence ( Juris = law; prudentia =
knowledge). It 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.

5. Medical Ethics
Medical ethics deals with the normal principles
which should guide members of the medical
profession in their dealings with each other,
their patients and the state.

6. Medical Etiquette
Medical etiquette deals with the
conventional laws of the courtesy
observed between members of the
medical profession.

7. LEGAL PROCEDURES

8. INQUEST
COURTS
EVIDENCE
LEGAL TERMS

9. INQUEST

10. INQUEST
It is defined as an inquiry into the cause
of death which is clearly not due to natural
causes.
* Coroner’s inquest
* Police inquest
* Magistrate inquest
* Medical examiner system

11. CORONER
* Usually an advocate
* Attorney or Pleader
* First Class Magistrate with 5yrs experience
* Metropolitan Magistrate
* Medical Person

12. POWERS OF CORONER
 Empowered to inquire into the causes of all unnatural or
suspicious deaths.
 Power to commit suspected person or accused to stand
a trial before a magistrate
 He can view a body to decide whether or not an
autopsy is required
* He can order the exhumation of a body for identification
or for M.L. examination

13. • * He is authorized to order any qualified R.M.P.
to do postmortem examination and summon him
as an expert witness to his court.
• * He can grant conduct money
* He is empowered to appoint an in-charge
coroner during his absence.

14. CORONER’S COURT :
* Court of inquiry into the causes of unnatural
deaths
* Presence of suspected or accused not
necessary
* It has no power to impose fines or
sentence.

15. Circumstances where Coroner’s
Inquest is held
* Sudden death
* Murder, infanticide or suicide
* Death by accident or poison
* Death due to mishap by machinery
* Death occurring during operation or under
anesthesia
* Deaths occurring in prison, police custody,
asylum, Brostal school etc.

16. Police Inquest :
 Inquiry should be held by police in all unnatural
or suspicious death.
 Not below the rank of head constable
 The Police officer making the preliminary inquiry
is called the “ Investigating officer”
* Information to nearest area magistrate.

17. * He holds inquiry in presence of two or
more respectable person of the locality;
Panchas
Panch Witnesses
Panchayatdars
* He prepares a report as judged by him
and Panchas with signatures
Panchanama
Inquest report

18. * If no foul play is suspected, he can hand
over the body for disposal to relatives
* In case he suspects the doubt about the
cause of death, he can order for autopsy.
* Inquiry and trial of the case will start with
the production of entire case records to
Magistrate.

19. Magistrate’s Inquest
* Death of a convict in Jail
* Death of a person in police custody or during
interrogation
* Death as a result of police firing
* Exhumation cases
* Dowry deaths

20. Reasons of Magistrate’s Inquest
* No person is deprived of his liberty and his rights as a
citizen.
* No person is allowed to die, deprived of his right due to
neglect or brutality by the people in whose charge
he/she is.
* Doubt about the identity, cause of death, or manner of
death of a person who is already buried.

21. Medical Examiner’s system
 Prevalent in the USA
 Forensic pathologist
 Superior to all other types of inquest

22. QUIZ TIME - 1

23. 1. The code that defines offences
and prescribes punishment is:
a) Indian Penal Code.
b) Criminal Procedure Code.
c) Indian Evidence Act.
d) Criminal Law Act.

24. 2. The term “inquest” refers to:
a) Burial of a dead body
b) Trial in a court.
c) Investigation of all deaths.
d) Legal inquiry in unnatural deaths.

25. 3. Which ONE of the following
systems exists in India:
a) Coroner’s inquest.
b) Medical Examiner’s system.
c) Trial by Jury.
d) Magistrate’s inquest.

26. 4. Police inquest is NOT applicable
in one of the following
situations:
a) Suicide.
b) Accidental death.
c) Homicide.
d) Dowry-related death.

27. 5.Magistrate’s inquest is mandatory
in which one of the following
cases:
a) Custodial death.
b) Exhumation
c) Dowry death
d) All of the above.

28. 6. Coroner’s inquest is still in force
in:
a) Calcutta
b) Bombay
c) Delhi
d) Not in India anymore

29. 7. Medical Examiner’s system is
practiced in:
a) India
b) U.K.
c) U.S.A.
d) Ireland

30. 8. Which of the following methods of
investigation is the most ideal in
unnatural deaths:
a) Police inquest.
b) Coroner’s inquest
c) Magistrate’s inquest
d) Medical Examiner system

31. 9. Indian Penal code 1860 deals with :
a) Criminal offences only.
b) Punishment for criminal offences
c) Both a) & b)
d) None of the above

32. 10.The term “ Panchanama” refers to ?
a) Dead body challan.
b) Inquest report
c) Post term report
d) The final report submitted by the police
to the court

35. COURTS

37. Courts in India:
* Supreme Court (SC)
* High Courts (HC)
* Districts courts & Session Courts
 Magistrates Courts
- Chief judicial Magistrate (CJM)
- Judicial Magistrate of First Class (JMFC)
- Judicial Magistrate of second Class
- Other Magistrates (DM, SDM,EM )

38. “ Sentences Authorised by Law”
Death Sentence
Life imprisonment
Imprisonment/ rigorous/simple/solitary
Forfeiture of Property (now abolished)
Fine
Training and rehabilitation of young offenders

39. Criminal courts of India
Supreme Court New Delhi Passes any sentence.
Usually considers appeal
from lower courts
High Court Capital of
State
Can try any offence &
pass any sentence
Sessions Courts
(District courts )
District HQ Can try only offences
committed to it by
Magistrate. Can pass any
sentence, death sentence
to be confirmed by High
Court

40. Criminal courts of India
Magistrate’s
courts:
Chief Judicial
Magistrate/ Chief
Metropolitan
Magistrate
District/
sub
division of
district
( City )
Can pass a sentence of
imprisonment up to 7
years; fine without limit
I class Judicial
Magistrate
Taluka Can pass a sentence of
imprisonment upto 3 yrs;
fine up to Rs 5000/-
II class Judicial
Magistrate
Sub Taluka Imprisonment upto 1 yr,
fine up to Rs 1000/-

41. Criminal courts of India
Executive
Magistrate
(Tahasildar)
District/
Taluka/
sub
division
of district
Not Judicial.
Appointed by the
Government/
Deputy
Commissioner/
Collector.
Tahsildar Conducts
Magistrate’s inquest.
Can pass an order
under Sec 144 of
Cr.PC

42. Proceedings in Courts:
* Subpoena
* Oath of Affirmation
* Recording of evidence / Proof
* Decision of Judge / Court
* Execution of Court orders

43. “Subpoena / Summons”
* It is a document commanding the
attendance of a witness in a court of law
under a penalty ( if not obeyed)
• It is issued by the court in writing, and
signed by the presiding magistrate
• Specific date & time
• It is served by a police officer or an officer
of the court
* It is sent in duplicate

44. * A summons must be implicitly obeyed,
unless there are valid and urgent reasons
* If the summoned witness fails to attend
the court, he is punished for guilty of
contempt of court
* Priority of attendance
* Conduct money

45. Case on the same day ?
 Criminal courts have precedence over civil
court
 Higher courts gets preference over lower
courts
 The court which served the summons first
receives preference

46. Failure to obey Summons
 Civil case- pay damages
 Criminal- imprisonment / warrant of arrest
& compulsory attendance

47. Conduct money
 In civil cases- a fee is tendered, to cover
the expenses of the witness to attend
court, at the time when the summons is
served
 Paid by the party that has called the
witness
 In criminal cases no conduct money, but
court has made provision to pay
reasonable expenses of witness

48. “ Witness”
A witness is a person who gives a
statement or testimony under oath or
solemn affirmation in the court of law
 Common witness
* Expert or skilled

49.  Expert witness-
chemical examiner
finger print expert
ballistic expert
forensic expert
doctor

56. EVIDENCE

61. EVIDENCE
Evidence means any statement in relation to
a matter or fact under inquiry or a
document or something for the inspection
of the court.
* Oral Evidence
* Documentary evidence

62. Oral Evidence :
It is the evidence of a person who says he saw,
heard or perceived it in other words actual
witness.
Documentary Evidence
Any documents produced for the inspection of the
court, in relation to matter of fact under inquiry.

63. Medical evidence
 Oral – direct evidence
indirect evidence
circumstantial evidence
 Documentary – medical certificates
medico legal reports
dying declaration / deposition

64. Medical certificates
 Sickness certificate
 Medical fitness certificate
 Fitness for employment
 Vaccination certificate
 Death certificates

65. Medico legal reports
 Injury/ wound certificate
 Age certificate
 Impotency/ potency certificate
 Drunkenness certificate
 Examination of victim / accused of rape/
sodomy
 Post mortem report

66. Oral Evidence
* Statement is given in person
= It must be direct
= Which refers to a fact
= Which can be seen, heard, or perceived-
he will be the actual witness.
= Oral evidence is superior to documentary
evidence

67. Primary Evidence
When documents are produced in the form of
evidence is called primary evidence.
Secondary Evidence
When certified copy, photocopy or counterparts of
original documents produced in the court called
secondary evidence.

68. Hearsay Evidence
Evidence of a person who has no personal
knowledge of the facts, but just repeats
what he/she heard others say
Circumstantial Evidence
It is an evidence when something is found
Which gives clues about the offence.

69. Dying Declarations:
Are the statements of a person who is
actually dying and who believes he is
dying, regarding the cause and
circumstance leading to his present state.
It is admissible as an evidence where the
cause of his death is under enquiry.

70. Dying declaration
 Verbal/ written statement
 Compos mentis
 2 Witnesses
 No leading questions to be asked
 Signature/ thumb impression of
declarant, doctor, witnesses
 Sent to Magistrate in sealed envelope
 MLI

71. Dying deposition
It is a dying declaration made on Oath in
the presence of the accused or his legal
representative who has the opportunity to
cross examine the dying person.
This is recorded by the Magistrate, hence it
carries more value than dying declaration.

73. In the Court :
“ If the law has made you a witness, remain
a man of science. You have no victim to
avenge, or guilty or innocent person to
ruin or save. You must bear testimony
within the limits of science.”
- Brouanrdel

74. An ‘Oath’
It is a declaration required by law, to be
made before the court, by the witness.
He swears in the name of God, that he will
tell the truth, the whole truth, and nothing
but the truth.
If the witness has religious scruples against
swearing, he will be permitted to make a
solemn affirmation.

75. Once a witness is thus sworn, if he does not
speak the truth, he is liable to be
prosecuted for the guilty of the crime,
called,
“ Perjury”
“ Willful utterance of falsehood”
It attracts section 193 of I.P.C.

78. Recording of Evidence - Pleading
 Examination-in-chief
 Cross-examination
 Re-examination
 Question by Judge

79. Examination-in-chief
 Examination is done by the counsel side,
which has summoned him.
 The object of the examination-in-chief is
to present all relevant facts of the case
before the court.
 If witness is expert he may be asked to
elicit his inference or interpretations from
the facts.

80.  No leading questions are allowed.
( leading question is one that suggest its
own answer)
 Leading question can be asked when
witness become ‘ hostile’.
“Hostile witness is that witness who gives
evidence in the court of law under oath,
against the interest of the party who cites
him as witness.
Common witness/ An expert witness.

81. Cross Examination:
* Followed by examination-in-chief
* Examined by counsel for opposite party
* To bring out inaccuracies and
contradictions in his statements.
* To extract any facts which may be
favorable to his Client
* Leading questions are allowed.

82. * Cross examination need not be confined
to the statements;
= Qualification
= Experience
= Professional knowledge
= Character
* No time limit for cross examination.

83. Re-examination:
* After cross- examination, the witness can
be examined by the counsel who called
him.
* To remove any doubts that may have
arisen during cross examination
* Leading questions are not allowed.

84. Court Question:
* Presiding officer may /can ask question to
witness at any stage.
* He can call witness again for his evidence,
if needed by the court, related to the
same case.

90. LEGAL TERMS

92. Warrant
 Written order with a sign & seal of
presiding officer of court
 Bears name & designation of person who
is to execute it
 Indicates name & address of accused
 Bears the offence, he is accused of
 Bears date of issue

93. Non-Cognizable offence
 Any offence for which the police officer
cannot arrest the accused without a
warrant.
 E.g. Bribery, defamation, perjury, causing
simple hurt, buying/ selling person for
slavery.

94. Cognizable offence
 Any offence for which the police officer
may arrest the accused without a warrant
 waging war against Government,
counterfeiting Indian currency,
adulteration of food, destroying, damaging
or defiling place of worship, theft,
robbery, murder, kidnapping, rape,
attempting suicide, causing grievous hurt,
dowry death, rioting.

95. Bailable & Non bailable offences
 Bailable offence;
Attempting suicide, sale of obscene books,
bribery, rioting
 Non bailable offences:
Adulteration of food, murder, dowry death,
counterfeiting Indian currency, destroying,
damaging or defiling place of worship

96. First Information Report (F.I.R.)
 Any information given to the Police
Officer, related to a cognizable offence,
which is first, in point of time and on the
basis of which the investigation
commences
 Where is it lodged?
 What is its objective?
 What is its importance ?

97. Doctor in the Witness box:
* Attending the court punctually with all
documents required by the court.
* Study of documents before attending the
court to refresh his memory
* Avoid any indiscriminate talk in the court
premises about the case.

98. * Evidence should be given with a clear and
loud voice.
* Statements should be in simple words and
avoid technical terms.
* He may demonstrate his evidence by
documentary support
e g: Photographs and diagrams.

99. Other common legal terms
 Accused- accused/ alleged to have committed
crime
 Acquittal-accused not guilty
 Affidavit- voluntary written statement of facts
under oath before an officer of the court /
notary public
 Appeal- complaint made to superior court
 Appellant- person who makes appeal
 Assailant- one who has committed an assault

100. Common legal terms
 Bail-security on behalf of accused person, on
giving which, he is released from custody,
pending investigation/ court trial
 Warrant case- relating to an offence punishable
with death, life imprisonment or imprisonment
exceeding 2 years
 Summons case- relating to an offence, for which
the punishment is less than 2 years
imprisonment

101. Common legal terms
 Civil case- dispute between 2 private parties
(wealth, property etc)
 Criminal case- case between govt. and a private
party concerning matters of public interest &
safety (assault, robbery, murder, rape)
 Contempt of court- intentional insult or
interruption to a court during judicial proceeding
 Conviction- accused proved guilty in court of law
 Culpability- being at fault, deserving punishment

102. Common legal terms
 Damage- injury suffered by a party as a result of
action of another
 Damages- compensation payable to a victim, as
decided by the court
 Defendant- party against whom a complaint has
been filed (accused)
 Defense counsel- legal practitioner who acts on
behalf of accused
 Public prosecutor- lawyer appointed by
Government for conducting prosecution on
behalf of the state

103. Common legal terms
 Search warrant- written authority issued
by magistrate to police officer, for search
of any general / specified thing/ document
 Trial- legal process in accordance with the
law, to determine guilt / innocence
 Verdict- formal decision or finding made
by a judge / jury at the end of a trial.
 Judgment / Order - Same as above

105. QUIZ TIME-2

106. 1. A government-appointed lawyer who
tries a case on behalf of the police is
called as ?
a) Defender lawyer
b) Public prosecutor
c) District attorney
d) Police lawyer

107. 2. The highest judicial appellate tribunal
in India is ?
a) High Court
b) Supreme Court
c) Ministry of legal affairs
d) Parliament

108. 3. A chief judicial magistrate can impose
punishment up to ?
a) 7 years imprisonment and unlimited fine.
b) 7 years imprisonment and fine up to Rs.
5000/-
c) 3 years imprisonment and fine up to Rs.
5000/-
d) 1 years imprisonment and fine up to Rs.
1000/-

109. 4. The method practiced in India to carry
out a judicial sentence of death is ?
a) Hanging
b) Electrocution
c) Gassing
d) Lethal injection.

110. 5. A juvenile offender (male) is one who
is below ?
a) 16 years
b) 14 years
c) 18 years
d) 21 years

111. 6. The term ”Subpoena” is also referred to
as ?
a) Summons
b) Panchnama
c) Warrant
d) Requisition

112. 7. The literal meaning of “Subpoena” is ?
a) Under penalty
b) Under suspension
c) Under force
d) Under threat

113. 8. Regarding attendance in a court of law to give
evidence,allof the following are true, EXCEPT?
a) Criminal cases have priority over civil cases
b) Higher courts have priority over lower courts.
c) If two separate summons are issued from the
same court, the summons issued second should
be given priority over the first.
d) In all cases, the witness should inform the other
court (which he is unable to attend), about the
reason of absence.

114. 9. A Coroner is empowered to do all of
the following EXCEPT ?
a) He can summon witnesses.
b) He can record evidence under oath
c) He can order for an autopsy
d) He can punish the guilty

115. 10.Immediately on receipt of information
of an unnatural death, a police officer
has to inform the ?
a) District collector
b) Superintendent of Police
c) Judicial Magistrate
d) District Health Officer

116. 11.Non-compliance of summons in a civil
court may render a person liable for ?
a) Damages.
b) Fine
c) Imprisonment
d) None of the above

117. 12.Police inquest is held as per ?
a) Sec 174 of the Criminal Procedure Code.
b) Sec 174 of the Indian Penal Code
c) Sec 174 of the Indian Evidence Act
d) Sec 174 of the Police Manual

118. 13.Evidence given to the court where the
witness has not witnessed the act, but
heard somebody talk about it, is
called?
a) Secondary evidence
b) Impersonal evidence
c) Hearsay evidence
d) Circumstantial evidence

119. 14.Dying declaration is a statement made
by ?
a) The accused in a criminal offence just
before the victim’s death
b) A victim of a criminal offence just before
his death
c) A witness in a criminal offence just
before the victim’s death
d) Any person in his death bed.

120. 15.When a magistrate is available to
record a dying declaration, the role of
a doctor is ?
a) Rendered superfluous
b) To act as a witness
c) To attest the declaration
d) To certify the victim’s mental status.

121. 16.India penal code was enacted in ?
a) 1872
b) 1973
c) 1960
d) 1860

122. 17.Criminal procedure code was enacted
in ?
a) 1871
b) 1971
c) 1960
d) None of the above

123. 18. 18. Thanatology is the study of ?
a) Death from burns
b) Death from thunder
c) Death from gunshot
d) Death with all its aspects

124. 18. 19. Indian evidence Act 1972 deals
with ?
a) Death sentence
b) Rigorous imprisonment
c) Legal proofs
d) None of the above

125. 18. 20. Dying deposition is recorded by ?
a) Doctor
b) Police officer
c) Magistrate
d) None of the above

126. Go to Jail !!!