Forensic or Legal MedicineForensic or Legal MedicineForensic 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 EthicsMedical 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 Books1. 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 natural of 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 * First Class Magistrate with 5yrs experienceexperience

* Metropolitan Magistrate* Metropolitan Magistrate

* Medical Person* Medical Person

POWERS OF CORONERPOWERS OF CORONER

Empowered to inquire into the causes of all Empowered to inquire into the causes of all unnatural or suspicious deaths.unnatural or suspicious deaths.

Power to commit suspected person or accused to Power to commit suspected person or accused to stand a trial before a magistratestand a trial before a magistrate

He can view a body to decide whether or not an He can view a body to decide whether or not an autopsy is requiredautopsy is required

* He can order the exhumation of a body for * He can order the exhumation of a body for identification or for M.L. examinationidentification or for M.L. examination

* He is authorized to order any qualified * He is authorized to order any qualified R.M.P. to do postmortem examination and R.M.P. to do postmortem examination and summon him as an expert witness to his summon him as an expert witness to his court.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 Court of inquiry into the causes of unnatural deathsunnatural deaths

* 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 Circumstances where Coroner’s 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 * Death occurring during operation or under anesthesiaunder anesthesia

* Deaths occurring in prison, police * Deaths occurring in prison, police custody, asylum, Brostal school etc. custody, asylum, Brostal school etc.

Police InquestPolice Inquest : :

Inquiry should be held by police in all Inquiry should be held by police in all unnatural or suspicious death.unnatural or suspicious death.

Not below the rank of head constableNot below the rank of head constable

The Police officer making the preliminary The Police officer making the preliminary inquiry is called the “ Investigating officer”inquiry is called the “ Investigating officer”

* Information to nearest area magistrate.* Information to nearest area magistrate.

* He holds inquiry in presence of two * He holds inquiry in presence of two or more respectable person of the or more respectable person of the locality;locality;

PanchasPanchasPanch WitnessesPanch WitnessesPanchayatdarsPanchayatdars

* He prepares a report as judged by * He prepares a report as judged by him and Panchas with signatureshim and Panchas with signatures

PanchanamaPanchanamaInquest reportInquest report

* If no foul play is suspected, he can * If no foul play is suspected, he can hand over the body for disposal to hand over the body for disposal to relativesrelatives

* In case he suspects the doubt about * In case he suspects the doubt about the cause of death, he can order for the cause of death, he can order for autopsy.autopsy.

* Inquiry and trial of the case will start * Inquiry and trial of the case will start with the production of entire case with the production of entire case records to Magistrate.records to 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 Reasons of Magistrate’s InquestInquest

* No person is deprived of his liberty and his * No person is deprived of his liberty and his rights as a citizen.rights as a citizen.

* No person is allowed to die, deprived of his * No person is allowed to die, deprived of his right due to neglect or brutality by the right due to neglect or brutality by the people in whose charge he/she is.people in whose charge he/she is.

* Doubt about the identity, cause of death, * Doubt about the identity, cause of death, or manner of death of a person whoor manner of death of a person who is is already buried.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 The code that defines

offences and offences and prescribes prescribes

punishment is 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 to 2. The term “inquest” refers to

a) Burial of a dead body a) 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 d) Legal inquiry in unnatural

deaths.deaths.

3. Which ONE of the following 3. Which ONE of the following

systems exists in India systems 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 is 5. Police inquest is NOT NOT

applicable in one of the applicable 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 is 6. Magistrate’s inquest is

mandatory in which one of mandatory in which one of

the following cases. the 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 in 7. Coroner’s inquest is still in

force in force 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 is Medical Examiner’s system is

practiced in practiced 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 of Which of the following methods of

investigation is the most ideal in investigation 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 system d) 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 Sentences Authorised by Law”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 IndiaSupreme Supreme CourtCourt

New New DelhiDelhi

Passes any sentence. Passes any sentence. Usually considers Usually considers appeal from lower appeal from lower courtscourts

High CourtHigh Court Capital of Capital of StateState

Can try any offence & Can try any offence & pass any sentencepass any sentence

Sessions Sessions CourtsCourts

District District HQHQ

Can try only offences Can try only offences committed to it by committed to it by Magistrate. Can pass Magistrate. Can pass any sentence, death any sentence, death sentence to be sentence to be confirmed by High confirmed by High CourtCourt

Criminal courts of IndiaCriminal courts of India

Magistrate’s Magistrate’s courts:courts:

Chief Jud Mag/ Chief Jud Mag/ Chief Metro Chief Metro MagMag

Taluq/ Taluq/ sub sub division division of of districtdistrict

Can pass a Can pass a sentence of sentence of imprisonment upto imprisonment upto 7 yrs; fine without 7 yrs; fine without limit limit

I class Jud MagI class Jud Mag Can pass a Can pass a sentence of sentence of imprisonment upto imprisonment upto 3 yrs; fine upto Rs 3 yrs; fine upto Rs 5000/5000/

II class Jud II class Jud MagMag

imprisonment upto imprisonment upto 1 yr, fine upto Rs 1 yr, fine upto Rs 1000/ 1000/

Criminal courts of IndiaCriminal courts of India

Executive Executive Magistrate Magistrate

District/District/

Taluq/ Taluq/ sub sub division division of of districtdistrict

Not JudicialNot Judicial

Appointed by High Appointed by High Court.Court.

Deputy Deputy Commissioner/Commissioner/

Collector/Collector/Tahsildar.Tahsildar.

Conducts Conducts Magistrate’s Magistrate’s inquest. inquest.

Can pass an order Can pass an order under Sec 144 under Sec 144 Cr.PCCr.PC

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 law attendance 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, and It is issued by the court in writing, and signed by the presiding magistrate signed by the presiding magistrate

• Specific date & timeSpecific date & time• It is served by a police officer or an officer It 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 * A summons must be implicitly obeyed, unless there are valid and obeyed, unless there are valid and urgent reasonsurgent reasons

* If the summoned witness fails to * If the summoned witness fails to attend the court, he is punished for attend the court, he is punished for guilty of contempt of courtguilty of contempt of 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 Criminal courts have precedence over civil courtover civil court

Higher courts gets preference over Higher courts gets preference over lower courtslower courts

The court which served the summons The court which served the summons first receives preference first receives preference

Failure to obey SummonsFailure to obey Summons

Civil case- pay damagesCivil case- pay damages Criminal- imprisonment / warrant of Criminal- imprisonment / warrant of

arrest & compulsory attendancearrest & compulsory attendance

Conduct moneyConduct money

In civil cases- a fee is tendered, to In civil cases- a fee is tendered, to cover the expenses of the witness to cover the expenses of the witness to attend court, at the time when the attend court, at the time when the summons is servedsummons is served

Paid by the party that has called the Paid by the party that has called the witnesswitness

In criminal cases no conduct money, In criminal cases no conduct money, but court has made provision to pay but court has made provision to pay reasonable expenses of witnessreasonable expenses of witness

“ “ Witness”Witness”

A witness is a person who gives a A witness is a person who gives a statement or testimony under oath or statement 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 Evidence means any statement in relation to a matter or fact under relation to a matter or fact under inquiry or a document or something inquiry or a document or something for the inspection of the court.for the inspection of the court.

* Oral Evidence* Oral Evidence

* Documentary evidence* Documentary evidence

Oral EvidenceOral Evidence : :

It is the evidence of a person who says he It is the evidence of a person who says he saw, heard or perceived it in other words saw, heard or perceived it in other words actual witness.actual witness.

Documentary EvidenceDocumentary Evidence

Any documents produced for the inspection Any documents produced for the inspection of the court, in relation to matter of fact of the court, in relation to matter of fact under inquiry.under inquiry.

Medical evidenceMedical evidence

Oral – Oral – direct evidence direct evidence indirect evidence indirect evidence

circumstantial evidence circumstantial evidence Documentary – Documentary – medical certificatesmedical certificates

medico legal reportsmedico legal reports

dying declaration / depositiondying declaration / deposition

Medical certificatesMedical certificates

Sickness certificateSickness certificate Medical fitness certificate Medical 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 Examination of victim / accused of

rape/ sodomyrape/ sodomy 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 = Which can be seen, heard, or perceived- he will be the actual perceived- he will be the actual witness.witness.

= Oral evidence is superior to = Oral evidence is superior to documentary evidencedocumentary evidence

Primary EvidencePrimary Evidence

When documents are produced in the form of When 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 When certified copy, photocopy or counterparts of original documents counterparts of original documents produced in the court called secondary produced in the court called secondary evidence.evidence.

Hearsay EvidenceHearsay Evidence

Evidence of a person who has no personal Evidence of a person who has no personal knowledge of the facts, but just repeats knowledge 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 found It 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 is Are the statements of a person who is actually dying and who believes he is actually dying and who believes he is dying, regarding the cause and dying, regarding the cause and circumstance leading to his present circumstance leading to his present state. It is admissible as an evidence state. It is admissible as an evidence where the cause of his death is under where the cause of his death is under enquiry. 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 of Signature/ thumb impression of

declarant, doctor, witnessesdeclarant, doctor, witnesses Sent to Magistrate in sealed Sent to Magistrate in sealed

envelopeenvelope MLIMLI

Dying depositionDying deposition

It is a dying declaration made on Oath in It is a dying declaration made on Oath in the presence of the accused or his legal the presence of the accused or his legal representative who has the opportunity representative who has the opportunity to cross examine the dying person.to cross examine the dying person.

This is recorded by the Magistrate, hence This is recorded by the Magistrate, hence it carries more value than dying it carries more value than dying declaration. declaration.

In the Court :In the Court :

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

- Brouanrdel- Brouanrdel

An ‘OathAn ‘Oath’’

It is a declaration required by law, to be It 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 He swears in the name of God, that he will tell the truth, the whole truth, and will tell the truth, the whole truth, and nothing but the truth.nothing but the truth.

If the witness has religious scruples If the witness has religious scruples against swearing, he will be permitted against swearing, he will be permitted to make a solemn affirmation. to make a solemn affirmation.

Once a witness is thus sworn, if he Once a witness is thus sworn, if he does not speak the truth, he is liable does not speak the truth, he is liable to be prosecuted for the guilty of the to be prosecuted for the guilty of the crime, called,crime, called,

“ “ Perjury”Perjury”

“ “ Willful utterance of falsehood”Willful utterance of falsehood”

Section 193 I.P.C.Section 193 I.P.C.

Recording of Evidence - Recording of Evidence - PleadingPleading

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 Examination is done by the counsel side, which has summoned him.side, which has summoned him.

The object of the examination-in-The object of the examination-in-chief is to present all relevant facts chief is to present all relevant facts of the case before the court.of the case before the court.

If witness is expert he may be asked If witness is expert he may be asked to elicit his inference or to elicit his inference or interpretations from the facts.interpretations from the facts.

No leading questions are allowed. No leading questions are allowed.

( leading question is one that ( leading question is one that suggest its own answer)suggest its own answer)

Leading question can be asked when Leading question can be asked when witness become ‘ hostile’.witness become ‘ hostile’.

“ “Hostile witness is that witness who Hostile witness is that witness who gives evidence in the court of law gives evidence in the court of law under oath, against the interest of under oath, against the interest of the party who cites him as witness.the party who cites 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 * Examined by counsel for opposite partyparty

* 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 * Cross examination need not be confined to the statements;confined to 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 * After cross- examination, the witness can be examined by the counsel who can be examined by the counsel who called him.called 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 * Presiding officer may /can ask question to witness at any stage.question to witness at any stage.

* He can call witness again for his * He can call witness again for his evidence, if needed by the court, evidence, if needed by the court, related to the same case.related to the same case.

4.4. A government-appointed lawyer A government-appointed lawyer

who tries a case on behalf of the who tries a case on behalf of the

police is called police is called

a) Defender lawyera) Defender lawyer

b) Public prosecutor b) Public prosecutor

c) District attorney c) District attorney

d) Police lawyer d) Police lawyer

11.11. The highest judicial appellate The highest judicial appellate

tribunal in India is tribunal 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 A chief judicial magistrate can

impose punishment up to impose punishment up to

a) 7 years imprisonment and unlimited a) 7 years imprisonment and unlimited

fine.fine.

b) 7 years imprisonment and fine up to b) 7 years imprisonment and fine up to

Rs. 5000/- Rs. 5000/-

c) 3 years imprisonment and fine up to c) 3 years imprisonment and fine up to

Rs. 5000/- Rs. 5000/-

d) 1 years imprisonment and fine up to d) 1 years imprisonment and fine up to

Rs. 1000/- Rs. 1000/-

2.2. The method practiced in India to The method practiced in India to

carry out a judicial sentence of carry out a judicial sentence of

death is death is

a) Hanging a) Hanging

b) Electrocutionb) Electrocution

c) Gassing c) Gassing

d) Lethal injection. d) Lethal injection.

3.3. A juvenile offender (male) is one A juvenile offender (male) is one

who is below who is 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 also The term ”Subpoena” is also

referred to as referred to as

a) Summonsa) Summons

b) Panchnamab) Panchnama

c) Warrantc) Warrant

d) Requisitiond) Requisition

16.16. The literal meaning of The literal meaning of

“Subpoena” is“Subpoena” is

a) Under penalty a) Under penalty

b) Under suspensionb) Under suspension

c) Under forcec) Under force

d) Under threat d) Under threat

18.18. Regarding attendance in a court of law Regarding attendance in a court of law

to give evidence, all of the following are to give evidence, all of the following are

true, EXCEPTtrue, EXCEPT

a) Criminal cases have priority over civil casesa) Criminal cases have priority over civil cases

b) Higher courts have priority over lower b) Higher courts have priority over lower

courts. courts.

c) If two separate summons are issued from c) If two separate summons are issued from

the the same court, the summons issued same court, the summons issued

second should second should be given priority over the first. be given priority over the first.

d) In all cases, the witness should inform the d) In all cases, the witness should inform the

other other court (which he is unable to attend), court (which he is unable to attend),

about the about the reason of absence. reason of absence.

20.20. A Coroner is empowered to do A Coroner is empowered to do

all of the following EXCEPT all of the following EXCEPT

a) He can summon witnesses.a) He can summon witnesses.

b) He can record evidence under oath b) He can record evidence under oath

c) He can order for an autopsyc) He can order for an autopsy

d) He can punish the guilty d) He can punish the guilty

21.21. Immediately on receipt of Immediately on receipt of

information of an unnatural information of an unnatural

death, a police officer has to death, a police officer has to

inform the inform the

a) District collector a) District collector

b) Superintendent of Police b) Superintendent of Police

c) Magistrate c) Magistrate

d) District Health Officer d) District Health Officer

22.22. The term “ Panchanama” The term “ Panchanama”

refers to refers to

a) Dead body challan.a) Dead body challan.

b) Inquest report b) Inquest report

c) Post term reportc) Post term report

d) The final report submitted by the d) The final report submitted by the

police police to the court to the court

23.23. Non-compliance of summons in Non-compliance of summons in

a civil court may render a person a civil court may render a person

liable for liable for

a) Damages.a) Damages.

b) Fine b) Fine

c) Imprisonment c) Imprisonment

d) None of the above d) None of the above

24.24. Police inquest is held as per Police inquest is held as per

a) Sec 174 of the Criminal Procedure a) Sec 174 of the Criminal Procedure

Code.Code.

b) Sec 174 of the Indian Penal Codeb) Sec 174 of the Indian Penal Code

c)c) Sec 174 of the Indian Evidence Act Sec 174 of the Indian Evidence Act

d) Sec 174 of the Police Manual d) Sec 174 of the Police Manual

5.5. Evidence given to the court where Evidence given to the court where

the witness has not witnessed the the witness has not witnessed the

act, but heard somebody talk act, but heard somebody talk

about it, is called about it, is called

a) Secondary evidence a) Secondary evidence

b) Impersonal evidence b) Impersonal evidence

c) Hearsay evidence c) Hearsay evidence

d) Circumstantial evidence d) Circumstantial evidence

7.7. Dying declaration is a statement Dying declaration is a statement

made by made by

a) The accused in a criminal offence a) The accused in a criminal offence

just before just before the victim’s death the victim’s death

b) A victim of a criminal offence just b) A victim of a criminal offence just

before his before his death death

c) A witness in a criminal offence just c) A witness in a criminal offence just

before the before the victim’s death victim’s death

d) Any person in his death bed. d) Any person in his death bed.

8.8. When a magistrate is available to When a magistrate is available to

record a dying declaration, the record a dying declaration, the

role of a doctor is role of 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 d) To certify the victim’s mental

status. status.

WarrantWarrant

Written order- sign & seal of presiding Written order- sign & seal of presiding officer of courtofficer of court

Bears name & designation of person Bears name & designation of person who is to execute itwho is to execute it

Indicates name & add of accusedIndicates name & add of accused Must state the offence, he is accused Must state the offence, he is accused

ofof Should indicate date of issue Should indicate date of issue

Non-Cognizable offenceNon-Cognizable offence

Any offence for which the police Any offence for which the police officer cannot arrest the accused officer cannot arrest the accused without a warrantwithout a warrant

E.g. Bribery, defamation, perjury, E.g. Bribery, defamation, perjury, causing simple hurt, buying/ selling causing simple hurt, buying/ selling person for slavery person for slavery

Cognizable offenceCognizable offence

Any offence for which the police officer Any offence for which the police officer may arrest the accused without a warrantmay arrest the accused without a warrant

waging war against govt, counterfeiting waging war against govt, counterfeiting Indian currency, adulteration of food, Indian currency, adulteration of food, destroying, damaging or defiling place of destroying, 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 bailable Bailable & Non bailable offencesoffences

Bailable offence Bailable offence attempting suicide, sale of obscene attempting suicide, sale of obscene

books, bribery, riotingbooks, bribery, rioting

Non bailable offences:Non bailable offences:adulteration of food, murder, dowry adulteration of food, murder, dowry

death, counterfeiting Indian currency, death, counterfeiting Indian currency, destroying, damaging or defiling place destroying, damaging or defiling place of worshipof worship

First Information Report First Information Report (F.I.R.)(F.I.R.)

Any information given to the Police Any information given to the Police Officer, related to a cognizable Officer, related to a cognizable offence, which is first, in point of time offence, which is first, in point of time and on the basis of which the and on the basis of which the investigation commencesinvestigation 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 * Attending the court punctually with all documents required by the court.all documents required by the court.

* Study of documents before attending * Study of documents before attending the court to refresh his memorythe court to refresh his memory

* Avoid any indiscriminate talk in the * Avoid any indiscriminate talk in the court premises about the case.court premises about the case.

* Evidence should be given with a clear * Evidence should be given with a clear and loud voice.and loud voice.

* Statements should be in simple * Statements should be in simple words and avoid technical terms.words and 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 Accused- accused/ alleged to have

committed crime committed crime Acquittal-accused not guiltyAcquittal-accused not guilty Affidavit- voluntary written statement of Affidavit- voluntary written statement of

facts under oath before an officer of the facts under oath before an officer of the court / notary publiccourt / notary public

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 Assailant- one who has committed an

assaultassault

Common legal termsCommon legal terms

Bail-security on behalf of accused person, Bail-security on behalf of accused person, on giving which, he is released from on giving which, he is released from custody, pending investigation/ court trialcustody, pending investigation/ court trial

Warrant case- relating to an offence Warrant case- relating to an offence punishable with death, life imprisonment punishable with death, life imprisonment or imprisonment exceeding 2 yrsor imprisonment exceeding 2 yrs

Summons case- relating to an offence, for Summons case- relating to an offence, for which the punishment is less than 2yrs which the punishment is less than 2yrs imprisonmentimprisonment

Common legal termsCommon legal terms

Civil case- dispute between 2 private parties Civil case- dispute between 2 private parties (wealth, property etc)(wealth, property etc)

Criminal case- case between govt. and a private Criminal 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 or Contempt 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 Damage- injury suffered by a party as a result of action of anotherresult of action of another

Damages- compensation payable to a Damages- compensation payable to a victim, as decided by the courtvictim, as decided by the court

Defendant- party against whom a Defendant- party against whom a complaint has been filed (accused)complaint has been filed (accused)

Defence counsel- legal practitioner who Defence counsel- legal practitioner who acts on behalf of accusedacts on behalf of accused

Public prosecutor- lawyer appointed by Public prosecutor- lawyer appointed by govt. for conducting prosecution on behalf govt. for conducting prosecution on behalf of the stateof the state

Common legal termsCommon legal terms

Search warrant- written authority issued Search warrant- written authority issued by magistrate to police officer, for search by magistrate to police officer, for search of any general / specified thing/ documentof any general / specified thing/ document

Trial- legal process in accordance with the Trial- legal process in accordance with the law, to determine guilt / innocencelaw, to determine guilt / innocence

Verdict- formal decision or finding made Verdict- 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