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Legal procedures Flashcards

1
Q

Types of evidence acceptable in court of law

A

Direct
Circumstantial indirect evidence

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2
Q

When is hearsay evidence acceptable in court?

A

Dying declaration

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3
Q

Types of inquest

A

Police
Magistrate
Coroner’s
Medical examiner’s

Last 2 not done in India

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4
Q

Police inquest BNSS section

A

194 BNSS

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5
Q

Magistrate inquest BNSS section

A

196 BNSS

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6
Q

Last Coroner’s inquest in India was done in

A

1999 in Mumbai

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7
Q

Lowest ranking person who can do police inquest

A

Head constable

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8
Q

Magistrate inquest is done in what cases?

A

Death in custody/ prison
Rape in custody
Dowry death
Exhumation

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9
Q

In what instances is enquiry done by–
1. Judicial magistrate
2. Executive magistrate

A
  1. Death in custody/ prison, Rape in custody
  2. Exhumation, Dowry death
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10
Q

While exhuming a body from grave, preserve ______ gm of soil in contact with it from ____ different sites to detect poisons like ______. This process is called _____

A

500
6
arsenic
Post mortem imbibition

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11
Q

Hierarchy of courts

A

Magistrate–> Sessions/ District–> High court–> Supreme court

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12
Q

What are the magistrate courts?

A

2nd class judicial magistrate
1st class judicial magistrate
Chief judicial magistrate

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13
Q

Fine and jail given by magistrate courts
1. 2nd class
2. 1st class
3. Chief judicial

A
  1. 10000, 1 y
  2. 50k, 3 y
  3. Unlimited, 7y
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14
Q

Types of sessions courts

A

Assistant sessions–> Sessions/ Additional sessions

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15
Q

Max fine and punishment given by–
1. Assistant sessions court
2. Sessions court

A
  1. Unlimited fine, 10 y
  2. Unlimited, life imprisonment/ death (confirmed by high court)
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16
Q

Lowest court that can commute/ reduce a death sentence

A

High court

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17
Q

What is amnesty?
Who can provide it?

A

Complete pardon
President of India

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18
Q

Total number of high courts

A

25

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19
Q

Why is active euthanesia not allowed in India?

A

D/t Article 21 of Indian Constitution– right to life

20
Q

What amendment was made in Article 21?

A

In 2018, Supreme court said Right to life includes right to die with dignity

21
Q

Involuntary vs non voluntary euthanasia

A

Involuntary– against patient wishes
Non voluntary– patient unable to communicate

22
Q

Plaintiff vs Defendent

A

Plaintiff is who files the case
Defendant - fights against the case

23
Q

Judge issues a ____ to call witness to court

A

Summons/ Sub peona

24
Q

COurt procedure is covered under ____
Statement taking is done under ____

25
Can a new fact be introduced in re-examination?
Yes
26
Time limit for cross examination
No time limit
27
Why is oral statement more important than documentary statement?
Because in oral, cross examination can be done
28
Minimum age for oath
12 yrs
29
Perjury BNS Punishment for Perjury
Perjury BNS 227 Punushment for Perjury BNS 229
30
Which court can punish for non adherance of court summons?
Criminal and civil court
31
Money paid to witnesses for 1. Criminal case 2. Civil case
1. Diet money 2. Conduct money
32
When can leading questions be asked in all examninations?
If the witness turns hostile punished under BNS 229 (perjury)
33
Dying declaration section?
Sec 26 BSA
34
In dying declaration- 1. Oath? 2. Doctor's role 3. Who can record it?
1. Not given 2. Certify compos mentis- fit for statement 3. Anyone But best by Magistrate> Dr>Police> anyone
35
If multiple declarations are given, which should be given to court?
All of them
36
If the person survives after dying declaration, the value of it?
Corroborative/ additional value
37
Types of consent
Express Implied Express is further divided to- Verbal, written Implied can be through gestures
38
Therapeutic privilege
When something is exempted from full informed consent to safeguard the patient
39
Examples of valid and invalid consent
Valid- informed consent Invalid- Blanket consent (it needs to be specific to be valid)
40
Consent is required because of ______ which is under _____ BNS except in emergency _____ BNS which is called _______
Assault 130 30 Doctrine of anticipation
41
Negligence can be committed by
Act of commission Act of Omission
42
Types of negligence
Civil (Tort) Criminal (Gross)- illegal, gross inattention, cannot be compensated by money
43
4Ds of negligence
Duty of care Dereliction/ Deviation Direct causation Damages
44
Punishment for negligence causing death by doctor
106 BNS 2 years + fine
45
Sections regarding negligence
Section 125 BNS- negligence endangering life- 3 mths +/- 2500 rps 125 (a) BNS- negligence causing hurt- 6m +/- 5000 rps 125 (b) BNS- negligence causing Grievous hurt- 3 yrs +/- 10k rps 271 BNS- negligent act infectious disease 272 BNS- malignant/ intentional act infectious d/s 273 BNS- disobedience to quarantine rule- 6 mths +/- fine
46

Forensic medicine (6 decks)

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