Dr. J. A. DabhiResident

Forensic Medicine & ToxicologyS.B.K.S.M.I. & R.C.

LAWProf. Salmond defined law as “ The body of principles recognized and applied by

the State in the administration of justice”.Law consists of rules recognized and acted on by

the courts of justice.Law is the means where as justice is the endLaw is an instrument of social progress.It is a “social engineering” to make a balance

between individual wants and social interest.

Oxford Dictionary defines law as“The body of rules, whether proceeding from formal

Act or from custom, which a particular State or community recognizes as binding upon its members”.

Which is the highest law in India?

The highest law in India is the Constitution of India.

No other law is above it.

If any law has a provision against the Constitution, it is wrong and not binding .

KINDS OF LAW

SUBSTANTIVE LAWPROCEDURAL LAWEVIDENTIARY LAW

1. SUBSTANTIVE LAW

Defines the offences like theft, robbery, dacoity, hurt, murder etc.

Mostly contained in : Indian Penal Code,1860 and other special

Acts like the Railways Act,Prevention of Corruption Act etc.

2. PROCEDURAL LAW

Lays down the procedure as to

(i) how an offender shall be arrested and by whom(ii) how an investigation will be made(iii) how the bail will be allowed(iv) what are the various courts and how they shall try an offender(v) codified in the Criminal Procedure Code,1973 and Code of Civil Procedure,1976

3. EVIDENTIARY LAW- Speaks of the relevant

evidence which may be given in court to prove any particular offence.

- Contained in the Indian Evidence Act,1872.

Indian Penal Code भारतीय दणडसंिहता

is a document that describes the offenses and prescribes the punishments.

Contains total of 511 IPCs.

It is a piece of British colonial legislation dating from 1860. Now it provides a penal code for all of India.

The code applies to any offence committed by an Indian Citizen anywhere and on any Indian registered ship or aircraft.

The Indian Penal Code came into force in

1862 (during the British Raj) and is regularly amended.

Extends to whole of India except the state of J&K.

Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India

Even a foreigner who enters the Indian territory also submits himself to the operation of Indian laws and he cannot be allowed to plead in defense that he did not know that he was doing wrong, as the act was not an offence in his own country.

No civil proceedings in which the relief is claimed against the President or the Governor shall be instituted during his term of office in any court in respect of any act or purporting to be done by him in his personal capacity.

Foreign Sovereign

DiplomatsAmbassadors and certain members of diplomatic staff also enjoy immunity from the jurisdiction of the courts of the country.

EXCEPTIONSAccording to provisions of Art.361 of the Constitution

of India.High dignitaries of the State i.e the President of

India and the Governors of the States.Not answerable to any court for the exercise and

performance and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers

No criminal proceedings whatsoever shall be instituted in any court during the term of his office.

No process for arrest or imprisonment shall be issued from any court during the terms of his office.

OFFENCES BY OR RELATING TO PUBLIC SERVANTS

Injury - IPC 44

Any harm whatever illegally caused to any person, in body, mind, reputation or property.

•Hurt - IPC 319 Whoever causes bodily pain, disease or

infirmity to any person is said to cause hurt.

Grievous Hurt - 320 IPC

•Emasculation.•Permanent privation of the sight of either eye.•Permanent privation of the hearing of either ear.•Privation of any member or joint •Destruction or permanent impairing of the powers of any

member or joint.•Permanent disfiguration of the head or face.•Fracture or dislocation of a bone or tooth.•Any hurt which endangers life or which causes the

sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

Responsibility of mentally ill & drunk

•IPC 84 •Criminal responsibility of a mentally ill person.

•IPC 85 Act of a person incapable of judgment by reason of

intoxication caused against his will

Consent •IPC 88 Act not intended to cause death, done by consent in

good faith for person's benefit •IPC 89 Act done in good faith for benefit of child or

insane person, by or by consent of guardian •IPC 90. Validity of Consent known to be given under fear

or misconception & child below 12years•IPC 92 Act done in good faith for benefit of a person

without consent

False evidence / certificates

•IPC 177 Furnishing false information

•IPC 191 Giving false evidence

•IPC 192 Fabricating false evidence•IPC193 Punishment for false evidence IPC

•IPC197 Issuing or signing false certificate

IPC 201 Causing disappearance of evidence of offence, or

giving false information to screen offender Specially in case of poisoning

what is the maximum punishment for causing death of a patient due to negligence?

Causing death by negligenceWhoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

•IPC 304A.

IPC 312Causing miscarriageWhoever voluntarily causes a woman

with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall he punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

•IPC 313Causing miscarriage without woman's consentWhoever

commits the offence defined in the last preceding section without the consent of the woman, whether the woman is quick with child or not, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

•IPC 314Death caused by act done with intent to cause

miscarriageWhoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term may extend to ten years, and shall als

IPC 315Act done with intent to prevent child being born

alive or to cause it to die after birth ten years .•IPC 316Causing death of quick unborn child by act

amounting to culpable homicide ten years •IPC 317Exposure and abandonment of child under twelve

years, by parent or person having care of it seven years

•IPC 318Concealment of birth by secret disposal of dead

body two years 11www

IPC 375 Rape A man is said to commit rape who has sexual

intercourse with a woman-against her will.-without her consent.-with her consent; fear of death/hurt.-with her consent; fraud.-with her consent;unsoundness of mind.-with/without her consent;under 16 years. •IPC 376 Punishment for rape7 years imprisonment, fine.

IPC 377. Unnatural offencesWhoever voluntarily has carnal

intercourse against the order of nature with any man, woman or animal, shall be punished with 152[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

13

82.Act of a child under seven years of age –Nothing is an offence which is done by a child under seven

years of age.

83.Act of a child above seven and under twelve of immature understanding –

•Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion

IPC 306

Abetment of suicideIf any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

Criminal Procedure Code

It provides the mechanism for the punishment of the offences against the substantive criminal law.

It formulates police duties in arresting offenders, - dealing with absconders, - In producing the documents - in investigating offences - deals with actual procedures in trials, appeals, - references, revisions and transfer of criminal cases.

Inquest

Definition: It is the inquiry or investigation into the cause of death

Held by: 1. Police Personnel not below the rank of H.C.

2. Magistrate

Types: Police Inquest Magistrate Inquest Coroner Inquest Medical Examiner’s System

What is the sequence that is followed if a person dies due to some unnatural cause of death or when the cause of death is not determined prima facie ?

Sequence

Inform the police regarding the event.

Police arrives at the scene of crime / event.

Prepares the inquest regarding the corpse.

Takes it to the hospital

Medical officer certifies it as dead

MO recommends for the postmortem of the body

Police brings the body to the concerned Dr. for conducting postmortem.

Dr. does the PM and hand the body to the police

Police hand over the body to the relative

Is it legal to bury/cremate a person directly without informing the police when the cause of death by the relative is

not known or if known the cause is of unnatural type Eg: murder poisoning burns case hanging drowning etc.

What are the responsibilities of the relatives and the police personnel if such kind of incidence happens?

Ideally the relatives informs regarding the death of the person to the police if they suspect any foul play or is the matter of insurance.

If police is not informed by the relative, then police if is knowing regarding the fact, and if he suspects any foul play of unnatural death then they can proceed for the PM for exact cause of death.

If either of the party- relative / police does not take the necessary steps when any unnatural cause of death is suspected knowingly then they might be claimed for hiding the probable cause of the incident

Police can take the body under their custody if they feel any foul play regarding the death of any person.

Same authorities are also applicable to the Magistrates also.

And for this proceeding relatives can not resist in executing the duties of the police/ magistrate.

What does Coroner mean?

A coroner or forensics examiner is an official chiefly responsible for investigating deaths, particularly some of those happening under unusual circumstances, and determining the cause

They have a degree in a medical or legal field, eg. criminology, bio-medical sciences. Generally, coroners have had a previous career as a lawyer (solicitor/barrister) or doctor of at least five years standing.

In India such kind of post had been abolished since 1999

Coroner’s Inquest was held only in Mumbai previously.

Medical Examiner

A medical examiner (often referred to by the initials "M.E.") is a physician, and a specialist in pathology or forensic science

Duties always include determining the cause, time, and manner of death.

He also can conduct the inquest

But a Medical Examiner is always a Doctor while a Coroner is not necessary that he must be a doctor.

Inquest Who conducts the inquest?

POLICE OFFIDER INCHARGE MAGISTRATE

Who is called the Investigating Officer?

First step for conducting the Inquest is to inform the magistrate regarding the incident.

Conducts the inquest in presence of two respectable persons known as Panchs.

Prepares the report of the apparent cause of death as judged from the appearance and surroundings of the body

Reports includes total description of the body.

Inquest report is signed by police and panchs/witnesses.

If no foul play is suspected, body is handed over to the police

If foul play is suspected, body is sent for post mortem examination to the nearest authoritied govt. doctor together with requisition and copy of inquest

This report is then forwarded to the Magistrate.

Magistrate Inquest

Conducted by 1. District Magistrate 2. Sub-divisional Magistrate 3. Executive Magistrate

Conducted In Case Of

1. Death in prison 2. Death in police custody 3. Death due to police firing 4. Dowry death 5. Exhumation

Dowry Death: When death of a female occurs within marriage duration less than 7 years or age of female is less than 30 years is called Dowry Death.

Legal Sentences/penal Powers of Courts

Death/ Capital Punishment

Imprisonment for life – 14 yrs / 20 yrs

Rigorous punishment

Simple imprisonment

Solitary confinement

Forfeiture of property

Fine

Supreme Court

High Court

Civil Court Criminal Court

District judge -do &District and sessions judge Metropolitan Magistrate

Sub-judge family court Class I Magistrate

Class II Magistrate

CLASSES OF MAGISTRATES

S U B O R D I N A T E E X E C U T I V E M A G I S T R A T E

S U B D I V I S I O N A L M A G I S T R A T E

A D D L . D I S T R I C T M A G I S T R A T E

D I S T R I C T M A G I S T R A T E

E X E C U T I V E

M A G I S T R A T E O F S E C O N D C L A S S

A D D L C J M / M A G I S T R A T E O F F I R S T C L A S S

C H I E F J U D I C I A L M A G I S T R A T E

J U D I C I A L M A G I S T R A T E

M A G I S T R A T E

Name of the Court Punishment

i)Supreme Court Any punishment

ii)High Court Any punishment

iii)Sessions& District Judge Death sentence, life imprisonment(to be ratified by HC) and fine

iv)Additional session Judge Death sentence, life imprisonment(to be ratified by HC) and fine

v)Assistant Session Judge Ten years imprisonment and fine

vi)Chief Judicial Magistrate Seven years imprisonment and fine

vii)Additional Chief Judicial Magistrate

Seven years imprisonment and fine

viii)Chief Metropolitan Magistrate Seven years imprisonment and fine of any amount

ix)Addl Chief Metropolitan Magistrate

Seven years imprisonment and fine

x)Judicial Magistrate First class Three years imprisonment and fine uopto 10,000

xi)Metropolitan Magistrate Three years imprisonment and fine upto Rs.5000/-

xii)Judicial Magistrate second class One year imprisonment and fine upto Rs.5000/-

President have the power to give amnesty to all the crimes

Summons

DIt is the document compelling the attendance of the witness in the Court of law under penalty, on a

particular day, time and place, for the purpose of giving evidence.

Features:

While going to the court to attend the summons, a doctor may require to bring the necessary documents, books, or other things under his control as he is bound by the law to bring such things for the purpose of giving evidence.

It is issued by the Court in writing, in duplicate (two copies) signed by the presiding officer of the Court and bears the seal of the Court.

This summons in two copies is handed over to the police officer by the Court. The police officer thereby serves one copy of the summon to the witness and on other copy he takes the sign of the person for which the summons has been issued.

If the witness is having the valid reason then he is excused from attending the summons in the Court.

Ideally the witness is excused maximum of two times from attending the summons if he is having valid reason.

Repeated failure to attending the summons more than

two time may without proper justifiable reason may attempt the Court to issue bailable or nonbailable warrants to secure the presence of the witness.

Or in civil case, the witness is liable to pay the damages. In case of criminal cases, the Court may issue the notice and after hearing the witness, if it finds that the witness neglected to attended the Court without any justification, may sentence him to a fine or the Court may issue bailable of nonbailable wrrants to secure the presence of the witness.

Criminal Courts are having priorities over Civil Courts.

If the witness is summoned by the two courts on the same day then in that case Criminal Courts are given priorities over Civil Courts.

Similarly, higher Courts are having priorities over lower Courts. But in all these circumstances the witness should inform to the Court in which he is not attending.

What if the summons is receive from two Courts of the same status?

then he should attend the Court from where he received the summons first.

thereby informing the other Court about it.

Thereafter if he is relieve early and is having time to attend the other Court then he can attend the other Court.

What if the person in the name of which the summons had been issued is not available due to any reason?

eg. In case of death, or he had started living outside India or any far off places at which the summons can’t be issued by the police officer.

Then in that case Court may order other person who knows the fact or who can give the evidence.

Descriptions of the details mentioned in the summons

Name of the Court and its address Eg: Fast Track Court, Sessions Court, Civil Court,

District Court, etc.

Name of the Judge under which the case is being prosecuted.

Name of the person for whom the summons is issued.

Name of the police station under which the investigation is going on.

Case Number eg: Sessions case No.37/09

Name of the accused who had committed the crime

Description of the I.P.C. that had been charged on the accused. Eg: I.P.C. 302 – which is related to murder

I.P.C. 376 – related to rape.

Conduct Money

It is the fee offered or paid to a witness in the civil cases, at the time of serving the summons to meet the expenses towards attending the Court.

In criminal cases, no fee is paid to the witness at the time of serving the summons.

He must attend the Court and give the evidence because of the interest of the state in securing the justice, otherwise he will be charged with contempt of Court.

Types of witness

1. Common Witness

2.Expert Witness

3.Hostile Witness

A woman sentenced to a year in prison for perjury has given herself up to a court in Mumbai

Perjury

Means giving willful false evidence by a witness while under oath, or failure to tell what he knows or believes to be the true.

The witness is likely to be prosecuted for perjury, and the imprisonment may extend to seven years of imprisonment.

What are leading questions?

Is the one which suggests to the witness the answer desired, or which includes a material facts, and admits of a conclusive answer by simple “yes” or “No”.