Following is the detailed description of Dying Deposition and Dying Declaration being followed in Indian Legalities from a Medical students perspective. The presentation should prove to be helpful for educators and primarily for medical students for their understanding and academics.
References - Forensic Medicine And Toxicology (29th edition) By DR. K.S. Narayan Reddy
Indian criminal procedure code,Un natural death,How ro prepare inquest by a magistrate. ppt prepared by I James Joseph Adhikarathil- Mob 9447464502.mysandesham@gmail.com
Following is the detailed description of Dying Deposition and Dying Declaration being followed in Indian Legalities from a Medical students perspective. The presentation should prove to be helpful for educators and primarily for medical students for their understanding and academics.
References - Forensic Medicine And Toxicology (29th edition) By DR. K.S. Narayan Reddy
Indian criminal procedure code,Un natural death,How ro prepare inquest by a magistrate. ppt prepared by I James Joseph Adhikarathil- Mob 9447464502.mysandesham@gmail.com
Medical Jurisprudence is the study of medical principles in solving criminal cases.
To know more about medical jurisprudence, click on the link- https://youtu.be/r6OX6xlXOBo
An introduction to Human Body : Medical Jurisprudence
for students of LL.B. Part III
wish you best of luck for your examinations.
need your prayers: shah Muhammad
Medical Jurisprudence is the study of medical principles in solving criminal cases.
To know more about medical jurisprudence, click on the link- https://youtu.be/r6OX6xlXOBo
An introduction to Human Body : Medical Jurisprudence
for students of LL.B. Part III
wish you best of luck for your examinations.
need your prayers: shah Muhammad
MEDICOLEGAL role of MEDICAL OFFICER at a hospital.pdfAngirasSahuAngi
Medicolegal roles of medical officer by nhrc. It includes all the common points a medical officer must be aware of. In case of MLC it can be used for doctor duties.
detail knowledge of medico-legal cases, introduction,types, reports, consent,death certificate, patient right. it will help you to understand the concept of medico-legal cases
Is health information always admissible as evidence in court Explai.pdfjeeteshmalani1
Is health information always admissible as evidence in court? Explain your answer and provide
APA references.
Solution
What is one of the most important non-clinical uses of the medical redcord?
It serves as the legal document recording a particular episode of a patient\'s care. (of the facility
and treatment)
When can a patient\'s information be disclosed?
With the written consent or authorization of the patient.
pursuant to statutory requirements or on proper legal process.
Define Evidence
Testimony, writings, material objects, or other things presented to prove or disprove a fact.
Define ADMISSIBLE EVIDENCE
Info. or things that may be admitted as evidence in a trial if the applicable rules establish that the
info. is BOTH PERTINENT and PROPER (timely, accurate, complete records) for the the judge
or jury to consider when deciding issues involved in the lawsuit.
What is HEARSAY?
Out-of-court statements that are offered to prove the truth of the matter asserted. Not signed
under oath.
Why are medical records considered hearsay evidence?
Because the health-care providers making the statements, (entries into the record) do not do so
under oath in a court of law. Therefore under the Hearsay rule they are not admissible as
evidence in court.
So, if Hearsay evidence is not addmisible in court, how can medical records be an exception to
the rule? There ARE exceptions to the rule...
BUSINESS RECORD EXCEPTION to the HEARSAY EXEMPTION RULE specifically allows
medical records to be used as evidence. if the person offering the records can successfully
convince the judge the records are kept in the ordinary course of business and not in preparation
for litigation.
BUSINESS RECORD EXCEPTION to the HEARSAY EXEMPTION RULE
HIM Mgr. / Custodian must establish in court the FOUNDATION and TRUSTWORTHINESS
of their record-keeping.
The three elements of a FOUNDATION REQUIREMENT to the hearsay exemption?
Person submitting the evidence must extablish that the record was;
1. Made and kept in the ordinary course of business
2. recorded at or near the time the event
3. By a person with knowledge of the facts, events, conditions, opinions, or diagnoses appearing
in it.
How is TRUSTWORTHINESS REQUIREMENT to the hearsay exception established?
One of the requirements of the Business Record Exemption to the hearsay rule. HIM/custodian
must testify to:
- Internal policies/procedures governing access to meddical record
- quality control techniques (i.e. corrections & abbreviations of the record)
How does the party wishing to introduce a medical record as evidence establish the accuracy and
trustworthiness of the medical record?
They will bring in the custodian of medical records to testify to the accuracy and trustworthiness
of the records.
How does the Medical Records Custodian testify as to both the foundation and trustworthiness
requirements of the business record exception?
The custodian, the HIM professional, testifies in a trial or deposition:
- To FOUNDATION - testifi.
Medical records means and includes the record pertaining to the admission, diagnosis, treatment, investigation, daily progress, operations, consultations
Complete Notes on Companies Ordinance, Paper LL.B. Part II.
.....................All students are advised to download and Prepare yourself. Shah Muhammad Zarkoon.
University Law College Quetta.
Criminal Procedure Code 1898, { Arrest -Warrant and Mode of Production}ShahMuhammad55
Notes for students of LL.B. Part III, year 2016.
Particular hoping they will have brilliant marks after studying these notes.
Wish you all best of luck. SM ZarKOON.
Civil Procedure Code, 1908,
a Universal Doctrine, applied in civil proceedings.
Shah Muhammad
Lecturer,
University Law College Quetta Khojjak Road Quetta
Cantt
South Asian History {Purpose of Using Maps}ShahMuhammad55
Maps are using basically for two purposes. 1. determining trade routes and 2. cultural determination of a region.
Course: South Asian History. LL.B. Semester System 5 Year Course . Prepared by Prof. Shah Muhammad University of Balochistan. [ University Law College , Khojjak Road Quetta Cantt. }
Two important types of maps are used in studying History 1. the Political and 2. the Physical Map.
LL.B. 5 year Semester System : Subject: South Asian History
Prof. SM Zarkoon.
University of Balochistan, Quetta.
South Asian History { How to Use a Map} gives a brief technique of using Maps while studying history . the students of LL.B. 5 Years Semester will find these helpful in study!
Wish them always best of luck : SM ZarKoon.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
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A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
MEDICAL JURISPRUDENCE { Medico legal certificates}
1. 1
What is a Medical Certificate and how many types, Discuss each in detail?
MEDICIAL CERTIFICATE
A medical Certificate is part of Documentary Evidence and are always issued
by authentic medical practitioner on various occasions, these are under:
(1) MEDICAL CERTIFICATE FOR ILLNESS
(2) MEDICAL CERTIFICATE OF INSTANITY
(3) MEDICAL CERTIFICATE FOR CAUSE OF DEATH
(4) MEDICO-LEGAL REPORTS { for Injury; Post-Mortem, Abortion, Posioning}
(5) DYING DECLARATION
(6) DYING DEPOSITION.
A medical certificate must be singed by a Registered Medical Practitioner. Usually the medical
certificate is taken as piece of evidence.
1. MEDICAL CERTIFICATE OF ILL HEALTH:
A specimen is hereby given
I ………………. , have examined Mr. /Miss……………… S/O, W/O, D/O whose
signature/thump impression is given below. He was found to be suffering from …………..,
He is under my treatment form …………….., to …... He is advised rest for a period of
………..,days, viz.,from…. , to …….
Signature of Patient Signature of the Medical Officer
Stamp & Dated:
MEDICAL JURISPRUDENCE LL.B. PART III
TOPIC: An Introduction to Medical Jurisprudence
1st Day Oct, 2016
Presented by: SM Zarkoon, Lecturer,
B.Sc. LL.B. LL.M. {Criminology & Law of Evidence}
University Law College Khojjak Road Quetta.
2. 2
2. MEDICAL CERTIFICATE FOR INSANITY:
The certificate of unsoundness of mind should be issued only when the patient writes an
application stating the reason of his want of the certificate. The certificate issued by the
doctor should also have the additional note of:
(a) Nature of illness
(b) Duration of Illness
(c) Time of Treatment
(d) Whether fit to write a will or not.
3. MEDICAL CERTIFICATE FOR CAUSE OF DEATH:
While issuing a medical certificate for death the cause of death has to be obtained by the
relative before the body is cremated. Whenever foul play is suspected the medical
certificate should be held and a Post-Mortem examination should be done. A senior
medical officer has to be countersign the death certificate.
In order to avoid problems in cases of human organ transplant the following conditions
ben seen before removal of the organ from the donor.
(i) The donor never expressed a wish against the removal the organ.
(ii) Valid consent of the near relative is obtained.
(iii) The fact of death is established and accepted.
4. MEDICO-LEGAL REPORTS:
All the Medico-legal Reports are sent to the Court along with the file of the relevant case
hence it is open to scrutiny by the opposing counsel. The medical officer is required to be
present in the Court and give evidence orally and be cross-examined. Therefore greatest
care should be taken while writing a report.
A report should give :
Date,
Time
And place, of examination, the names of individuals who identified the person or dead
body. The technical details should be descriptive and complete. A copy of the report must
be kept for further reference.
3. 3
5. DYING DECLARATION:
It is a statement which is given by a patient who is likely to die of some unlawful act and
states here the circumstances which have brought him for medical attention, i.e, the manner
in which he sustained injury and how he was brought to the hospital.
It is the duty of the medical officer in charge to get the dying declaration recorded. It is
usually recorded by a Magistrate. As soon as the patient comes to the hospital the medical
officer sends a call to the Magistrate. If the patient’s condition is critical the medical officer
can start recording the dying declaration even before the Magistrate arrives. The doctor has
to certify that the patient is in a fit medical condition to give a dying declaration. Certain
points should be noted while recording declaration.
(a) The patient’s relative should not be present
(b) The police officer holding the enquiry should not be present.
(c) The patient should be explained that he is likely to die so that he speaks the truth.
(d) There is no need of administrating an oath because it is considered that dying man speaks
truth.
(e) The dying declaration should be recorded in the patient’s vernacular as far as possible. It
is usually be recorded in a question answer form.
(f) If the patient dies while the dying declaration is being recorded than it should be noted in
the dying declaration that the patient had died and the time noted.
(g) The patient’s signature and two identification marks should be recorded.
(h) The doctor should also sign and put his name in block letters seal the document and sent
it immediately to the Magistrate.
(i) If the dying declaration is being given by a female a lady doctor or a nurse should always
be present.
6. DYING DEPOSITION:
It is a statement made by a dying person on oath and recorded by the Magistrate in the
presence of the accused who is given full opportunity to cross-examine the dying person
either personally or through his lawyer.
The presence of a medical officer is not essential. He has to certify that the dying man is
in a fit state of mind to make a statement.
4. 4
Legally dying deposition is more valuable than dying declaration as the accused has the
opportunity to challenge and cross-examine.