Court Of Law, medical jurisprudence Flashcards
First post-mortem was conducted by
Bartolomeo da variegnana
Italy in 1302
The first post-mortem in India was conducted by
Buckley (on Mr Wheeler)
In Chennai 1663
The term legal medicine was coined for forensic medicine by
Paul Zacchias
Father of legal medicine
Father of forensic psychiatry
IPC stats
Came into form in 1860
511 IPCs
23 chapters
CrPC
Criminal Procedure Code
Includes procedure for investigation, arrest, court proceedings and judgement of criminal cases
Implemented in 1973
484 CrPCs
37 chapters
Indian Evidence Act
Implemented in 1872
Deals with law of evidence (and witness) and applies to all judiciary proceedings
Contains 167 chapters
Which type of evidence is more valid
Oral evidence is more valid than documentary evidence because it is cross examined
Types of witnesses
1. Common witness/ Eye witness Most common 2. Hearsay witness Not valid in India with 2 exceptions 3. Expert witness-45 IEA Qualified person who house gives opinion (eg., doctor, fingerprint expert, chemical examiner, firearm expert, serologist,...)
Exception where hearsay witness is valid
- dying declaration- 32 IEA
- Res Gestae- 6 IEA
Involuntary exclamation:
a)at the heat of the moment
b) when the crime takes place
Volunterring of the statement in the court of law is the special privilege of ___ witness
Expert witness
Cognisable offence
Any offence where police can arrest a person without warrant from the Magistrate
part of 2 c) CrPC
Non cognisable offence is a part of
2 L) CrPC
Cognisable offence examples
Eg., dowry death,stalking,voyeurism Rape (with/without murder) Ragging (“” grievous hurt) Robbery and docoity Rash and negligent fatal acts
Courts that can impose death penalty or unlimited fines in India are
- Supreme Court
- High court
- Session court
- Additional sessions court
Power of amnesty
Power of president to commute a death sentence
416 CrPC
If a pregnant lady committed a murder and is imposed a death sentence , the high court postponed the death sentence upto delivery
Inquest
Its types
A legal inquiry into the circumstances and causes of death
Types:
- Police inquest (174 CrPC)
- Magistrate’s “ (176 CrPC)
(not in India)
- Coroner’s “
- Medical examiner’s “
Magistrate’s inquest is done in cases of
- Dowry death
- Prison death
- Police custody death
- Police firing death
- Psychiatric hospital death
- Exhumation
D 4P E
Criminal courts in India
- Supreme Court
- High court
- (District) Sessions court
- Two types of Magistrate
Types of magistrate courts
- Judicial magistrate
a) Chief metropolitan/judicial magistrate
b) metropolitan magistrate / judicial magistrate of class 1
c) judicial magistrate of class 2 - Executive magistrate
3 tiers of punishment by judicial magistrate court in decreasing order
7 years imprisonment; unlimited fine
3 years; ₹10,000
1 year; ₹5,000
Summons case and warrant case
Summons case is a case where the offence is punishable with less than 2 years imprisonment
Warrant
More than 2 years
Affidavit
Voluntary written statement of facts made under an oath before an officer of court
Exhibit ( legal)
Damages
Any object/ document for inspection before court
Damages is the compensation
Public prosecutor
Any person appointed 24 CrPC to argue in favour of the victim
Battery legal meaning
Conduct money
An executed assault
(even as small as a touch)
In civil cases, the medical officer is usually paid money to meet his travel expenses, at the time the summons is served on him
If unpaid, he may ignore the summons. If inadequate, he may ask for an enhanced price
Culpable homicide not amounting to murder
299 IPC
Caused death with the intention or knowledge of causing injury to likely cause death ,but not with the intention of causing death
304 - Punishment for culpable homicide if not murder (life imprisonment or upto 10years,fine)
Murder
300 IPC
302 IPC- punishment for murder
Has the intention to cause death
mens rea
actus reus
Planning of the act
The act
304 A
304 B
305
of IPC
304 A - death by negligence
304 B - dowry death (7 years or more)
305 - abetment of suicide
307
308
309 IPC
Attempt to:
307- murder
308- culpable homicide
309- suicide (removed)
Subpoena or summons
It is a document commanding the attendance of a witness in a court of law under a penalty
Priority:
Criminal case over a civil case
Higher court over a lower court
Leading question
One which itself suggests the answer. Eg.,” Doctor, was not the injury caused by a sharp weapon?”
Cannot be asked by a examination in chief (except when a hostile witness is examined)
Can be asked during cross examination
Cannot be asked during re-examination
Types of evidence
1. Documentary: • medical certificates • medicolegal report • dying declaration 2. Oral 3. Circumstantial
Principles in issuing a death certificate
- In the event of death of a person in areas notified by state government
a medical practitioner who attended the deceased during his/her last illness is required to
issue a certificate of cause death in prescribed form (to accompany the death report) - Information regarding cause of death is to be kept confidential by law and must be used purely for statistical purposes
- It is the duty of the person in charge of the institution to report all births and deaths
Purpose of death certificate
- Commencement of the process of disposal of dead
- National statistics
- End of pattern of care
Fees should not be charged
Obligations of medical practitioner in issuing death certificate
Medical practitioner is not entitled to charge any fee for issuing death certificate. He should not refuse, nor cause unnecessary delay in issuing death certificate
Medicolegal reports
Documents prepared by a medical officer in compliance with a written requisition issued by the magistrate of police officer
Compos mentis
The declarant should be of sound mind at the time of the dying declaration when he has something related to his death (important to the case) to say.
Dying declaration
Verge of dying by unnatural causes
1. Should relate to the cause of death or his present condition
2. Should be a victim of sound mind
3. In presence of 2 witnesses
No external influence
4. If unable to speak but gestures, then only the features should be recorded to be interpreted by the court
5. Read over to the declarant or if possible signed by him otherwise the medical officer must sign.
6. Forwarded to the magistrate in a sealed envelope
7. Investigating officer should not be present
Dying deposition
If a dying declaration is recorded by the magistrate, and in presence of the accused who is given an opportunity to cross examine.
Not prevalent in India
Greater value
Warning notice
The IMC issues a warning notice periodically, which is a list of offences constituting infamous conduct.
Any other offence considered as disgraceful or dishonourable by professional colleagues of good repute can also be brought under purview
Direct oral evidence
Evidence of actual witness referring to a fact which can be seen, heard or perceived by individuals (including the witness)
Exceptions:
1. Dying declaration
2. Expert opinion expressed in a treatise
3. Deposition of medical witness in a lower court
4. Chemical examiner’s report
82, 83,84,85,86 IPC
- Act of child under 7
- Act of child above 7 and under 12 of immature understanding
- Act of a person of unsound mind (McNaughten Rule)
- Act of a person intoxicated involuntarily
Nothing is an offence for the above 4 - Act of a person intoxicated voluntarily
Culpable
Child welfare committee
The authority to deal with children in need of care and protection.
Constitutes a chairperson and 4 other members (one of whom at least should be a woman)
Juvenile board
Every state has been authorised to constitute for a district (or group) at least one Juvenile board ,
for exercising powers and discharging duties in relation to,
juveniles in conflict with law.
The board consists of :
1. Metropolitan Magistrate or a judicial magistrate of first class
2. 2 social workers (of whom at least one shall be a woman)
Special homes for reception and rehabilitation of juveniles
- Children’s Home: children in need of care and protection
- Special homes: children in conflict with law
- Observation Homes: for temporary reception of children
- After-care organisations for taking care of children after getting discharged from other special homes
Features of a subpoena or summons
- Issued by the court in writing, signed by presiding officer
- It is served on the witness; by a police officer or an officer of court of the court (or any person specifically authorised for this)
- Issued in duplicate:
• one of which has to be returned after signing
• other is retained by witness
Penalty for non compliance of summons or subpoena is
Warrant of arrest and a compulsory appearance before court
Relevance of conduct money in a criminal court
Conduct money is usually paid in civil cases
In criminal cases, usually it is not given and it is the duty of every citizen to attend court whenever summoned
Procedure in court
- Oath
- Examination-in-chief
- Cross examination
- Re-examination
Functions of Indian medical council
- Medical register
- Medical education
- Recognition of foreign medical qualifications
- Appellate tribunal
- Disciplinary control
Purpose of different examination in court
- Examination-in-chief
To apprise the court of all the facts - Cross examination:
Highlight inaccuracies and contraindications in statements of witnesses - Re-examination:
Clear any doubts that arose during cross examination
If a new topic is introduced, then opposing party has the right to cross examine
Court questions
Questions put forward by the presiding officer of the court.
These are to clear doubts.
Can be asked at any stage of trial proceedings
87, 88,89,92 IPC
- Act not intended to cause death or grievous hurt, done by consent
- Act not intended to cause death done by consent in good faith for person’s benefit
- Act done in good faith for benefit of a child or insane person
- Act done in good faith for benefit of a person without consent
For all these nothing is an offence
Penalty for infamous conduct for a doctor
- Warning
- Temporary erasure from 2 months to 5 years
- Permanent erasure or professional death sentence
Forms of euthanasia
- Voluntary:
The patient gives consent to
end his sufferings. - Non-voluntary:
The patient is not in a position to give consent, e.g. comatose patients. - Involuntary (compulsory):
Decision by the society to terminate the life of an individual; it is done against the will and consent of the individual.
Classification of euthanasia
- Active: Inflicting death by an act of commission
- Passive: By an act of omission
- Pediatric: To the seriously sick or deformed infants
- Geriatric: Seriously sick, bed-ridden aged individuals.
- Battlefield: Severely wounded or handicapped individual in the war field, to end his sufferings and also to prevent him from getting caught and tortured by the enemy.
Malingering
Malingering means planned feigning or
pretending a disease for the sake of gain.
Reasons
1. By soldiers or policemen to evade duties.
2. Prisoners to avoid hardwork.
3. Businessmen to avoid a business contract.
4. Workmen to claim compensation.
5. Criminals to avoid legal responsibilities.
Diseases that are commonly feigned
(i) Ophthalmia
(ii) Dyspepsia and Intestinal (abdominal) colic
(iv) Sciatica (back pain)
(v) Epilepsy
(vi) Insanity
(vii) Artificial bruise
Diagnosis of malingering
In most cases detection is easy, but in some cases it may be difficult.
- History is taken from the patient, relatives and friends, and any inconsistencies in the description of the symptoms are noted.
- Usually the signs and symptoms will not confirm (fix into) any known disease.
- Malingering can be diagnosed by keep- ing the patient under observation and watching him without his knowledge. Rarely an anesthetic may be given to detect malingering.
Norvus Actus interveniens
An unrelated act intervening
Rarely when some new unrelated act intervened, the doctor can prove that death was due to unrelated act which happened in between
Consent over organ harvesting
If a person had given permission to harvest his organs, then on his death the consent of legal heirs is required for organ harvesting. No person has right over his body after his death
Professional negligence/ medical malpractice
Omission to do something which a reasonable competent man would do or so doing something which a prudent reasonable man would not do, either which results in direct damage or death of patient
Imprisonment upto 2 years with or without fine
Components of a negligence suit
- Existence of duty of care
- Dereliction of such duty
- Damage
- Direct cause
Professional indemnity policy
Doctors can insure their professional practice by way of taking professional insurance
Monetary compensation
The case is taken over by insurance company
Also provided by respective state branches of IMA
