Indian Legal System

Question 1

BNS
BNSS
BSA

Answer 1

Indian penal code -> Bhartiya nyaya sanhita
511 ->. 358
Criminal procedure code ->Bhartiya nagarik surakasha sanhita
484. ->. 531 secs
Indian evidence act ->Bharatiya sakshya adhiniyam
167 -> 170 secs

Question 2

Cognizable offence
Non Cognizable offence

Answer 2

2(9) BNSS -> can arrest without warrant
2(0) BNSS -> cannot arrest without warrant

Question 3

Summon vs warrant cases

Answer 3

2(x) BNS -> Summon -> lessthan 2 years of imprisonment
2(z) BNS -> Warrant -> greater than 2 years of imprisonment

Question 4

Forensic medicine is also called _________ ; __________

It applies medical knowledge for _______________

Answer 4

Legal medicine ; state medicine

Administration of Law and justice

Forensic medicine is crucial for the investigation and prosecution of criminal cases.

Question 5

_______________ is the study of legal principles that guide medical personnel

Answer 5

Medical jurisprudence

Medical jurisprudence covers legal responsibilities and rights of healthcare providers.

Question 6

______________ is the study of moral principles in a doctors dealings with patient’s

Answer 6

Medical ethics

Medical ethics focuses on patient care standards and moral duties in healthcare

Question 7

_____________ deals with conventions of courtesy between members of the medical profession

Answer 7

Medical etiquette

Breaches of medical etiquette are not legally punishable

Question 8

_____________ deals with disputes between two private individuals or parties

Answer 8

Civil law

In civil cases the objective is usually compensation rather than punishment

Question 9

The primary goal of ___________ is to punish individuals who commit crimes against public interest

Answer 9

Criminal law

Criminal law address offenses such as those against persons property and public safety

Question 10

In a civil case the ____________ sue the _____________ for compensation

Answer 10

Plaintiff. defendant

Patient sues a doctor for negligence resulting in injury

Question 11

Criminal case is dispute between the ___________ & the ___________

Answer 11

State ; individual

Unlike civil cases ; criminal cases seek protect public interest by prosecuting offences

Question 12

The ______________ is the lawyer representing the state in criminal prosecutions

Answer 12

Public prosecutor

Under section 2 (1) (v) BNSS public prosecutor is responsible for handling all state prosecutions.

Question 13

_______________ refers to laws that are passed by the legislature

Answer 13

Statutory law

63 BNS sexual intercourse with a girl under 18 even with consent is termed as statutory rape

Legislature is group of people who have power to make and change laws ( supreme court ; legislative assemblies; executive [President])

Question 14

_______________ is an enquiry to cause of death

Answer 14

Inquest

Six types of inquests are in practice

Question 15

Declaration of geneva

Answer 15

Physicians oath ( modernized hippocratic oath )

Question 16

Declaration of Helsinki

Answer 16

Human experimentation

Question 17

Declaration of Sydney

Answer 17

When to pronounce death

Question 18

Declaration of oslo

Answer 18

Abortion should be performed only as therapeutic measure

Question 19

Declaration of Tokyo

Answer 19

Doctors will not take part in INFLICTION OF TORTURE

Question 20

Coroners inquest

Answer 20

Coroners act 1871

1978- Kolkata
1999- Mumbai

Question 21

JURY

Answer 21

Sworn group of responsible educated people of good social position who assist the judge in deciding a case

Question 22

62(2) Crpc

Answer 22

Summon is delivered personally if practicable

Question 23

66 Crpc

Answer 23

Procedure to deliver summon to govt servant

Question 24

67 Crpc

Answer 24

Procedure to deliver summon if person resides in a different city

Question 25

61 Crpc

Answer 25

Procedure to issue summon

Question 26

62(3) Crpc

Answer 26

Person receives one copy of summon and signs at back of duplicate and return it to the delivering official

Question 27

Failure to produce document in summon

Answer 27

175 IPC

Question 28

Failure to produce thing

Answer 28

Sec 349 Crpc

Question 29

Sec 176(1) crpc / sec 196 BNSS

Answer 29

Excutive magistrate inquest

Question 30

Sec 176 (1A) crpc

Answer 30

Judicial magistrate inquest

Question 31

Sec 175 CrPC

Answer 31

Power of IO to summon anyone to answer questions related to case ## foot note Sec 175 IPC Punishment for failure to produce document in court during Summon

Question 32

Sec 174 crpc

Answer 32

Police inquest ## foot note Sec 194 BNSS

Question 33

Double jeopardy

Answer 33

No person can be prosecuted and punished for the same offence more than once ## foot note Article 20(2) ; constitution of india

Question 34

Subpoena

Answer 34

Document compelling the attendance of a witness in court of law under penalty for on a particular day;time and place for the purpose of giving evidence ## foot note Two types basied on Nature of court :- CIVIL and CRIMINAL Whether a document is required to be produced or not Subpoena ad testificandum Subpoena duces tecum

Question 35

Subpoena ad testificandum

Answer 35

A "subpoena ad testificandum" is a court order compelling a person to appear and give oral testimony, or to face punishment for failure to do so. It's Latin for "under penalty to be witnessed".

Question 36

Subpoena duces tecum

Answer 36

a written ordering a person to attend a court and bring relevant documents.

Question 37

Conduct money

Answer 37

Money paid to witness to meet his expenses for attending the court

Question 38

Evidence

Answer 38

all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry [oral evidence] ## foot note I . 1. DIRECT EVIDENCE 2. INDIRECT EVIDENCE 2a circumstantial evidence dadd 2b hearsay evidence II. 1. Documentary evidence ( Medical certificates ; medical legal reports; dying declaration ) 2.oral evidence ( dying deposition )

Question 39

Documentary evidence

Answer 39

All documents including electronic records produce for the inspection of the court Eg :- medical evidence ( am evidence by a medical personnel)

Question 40

WITNESS Types of witness (3)

Answer 40

one who has firsthand knowledge about a crime or significant event through his senses [e.g. seeing, hearing, smelling, touching] and can help clarify important points about the crime or event. 1.common witness 2.Expert witness 3.Hostile witness

Question 41

Comm

Question 42

Common witness

Answer 42

person, who tenders evidence about the facts observed or perceived by him. No specialized knowledge is required in tendering evidence.

Question 43

Expert witnesses

Answer 43

person who is skilled or trained in some scientific or technical subject and is capable of drawing conclusions and opinions from the facts observed by himself, or noticed by others. E.g. Forensic pathologist, an expert in DNA analysis, fingerprinting, firearms, handwriting or voice analysis

Question 44

Hostile witness

Answer 44

A hostile witness (adverse witness, unfavorable witness, unwilling witness) is one who conceals whole or part of the truth and offers adverse testimony against his own party

Question 45

Perjury

Answer 45

Perjury has 5 major components. Whoever, (i) being legally bound by an oath or (ii) by an express provision of law to state the truth, or (iii) being bound by law to make a declaration upon any subject, (iv) makes any statement which is false, and (v) which he either knows or believes to be false or does not believe to be true, is said to give false evidence [S.191, IPC].

Question 46

Functions of NMC

Answer 46

Maintenance of medical register Maintenance of standards of medical education Undergraduate education Post graduate education Recognition of foreign degrees Appeal against disciplinary action Warning notice