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Forensic Medicine

Forensic Medicine

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Published by Virendar Pal Singh

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Published by: Virendar Pal Singh on May 18, 2011
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03/04/2013

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Dr.

VPSingh
MD,LLB, PGDMLS

singhvp@gmail.com MedicoLegal Consultant

Dr. V.P.Singh

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Deals with application of medical & paramedical knowledge to the branches of law. It aids the administration of justice. Guards the safety of individuals in community Ensures that, accused is not unjustly punished

Dr. V.P.Singh

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Person dies of coronary thrombosis while walking on road ± dead body hit by a car ± Driver charged with rash & negligent driving. Sudden/unexpected death-Suspicion of foul play.

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Dr. V.P.Singh

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Singh 4 .FORENSIC PATHOLOGY deals with interpretation of autopsy findings during investigation of death FORENSIC NURSING deals with scientific role of nurses in medicolegal cases. Dr. V.P.

Doctor .P.Doctor Relationship 3.Patient Relationship 2. Doctor .Singh 5 .State Relationship Dr. V. Doctor .JURIS = Law PRUDENTIA = knowledge deals with application of knowledge of law to the practice of medicine 1.

` ` ` ` means Inquiry or Investigation In forensic medicine . Death due to Unnatural cause .INQUEST Dr.Singh 6 .Inquest means legal inquiry in to Cause of Death Death due to natural cause-No further investigation is needed -Body is cremated. V.P.

P. Procedure ` On receiving information about unnatural death ± ` IO informs to the nearest magistrate ± ` proceeds to the scene of crime ± ` holds inquiry in presence of witnesses called Panchas ± ` prepares a report about probable cause of death (Panchnama /Inquest Report) Dr. V.Investigating Officer. Police officer holding the inquiry .Singh 7 .inquiry by police officer in to the cause of Unnatural death.

V.P. Dr. If autopsy indicates unnatural death-Further Inquiry & Trial.Singh 8 . If foul play is suspected-Autopsy.` ` ` If no foul play is suspected -Body is handed over to relatives.

Exhumation cases Dowry deaths In such cases inquest by police officer can not be relied Dr.P.It is commonly done in: Death in police custody /police interrogation. Death due to police shooting.Singh 9 . V. Death of convict in jail.

Court of inquiry Accused need not be present Can not impose fine or punishment Can punish if offence is committed in his court. Was present in Mumbai Coroner presided over the court to inquire the cause of unnatural deaths. Dr.Singh 10 .Abolished since July 1999. V.P.

He performs autopsy & correlates the information received to determine the cause & manner of death He submits his report to district attorney. Medical examiner visit the site of crime/accident to get the necessary information. V. This type of inquest is better Dr.P.is a type of inquest. prevalent in USA.Singh 11 .

V.Singh 12 . Can not issue arrest warrant Can not order exhumation Considered inferior MAGISTRATE INQUEST Conducted by Magistrate Can hold inquest in all cases Police officers help the magistrate They need not inform anybody Can issue arrest warrant Can order exhumation etter than police inquest Dr. dowry death Police officer gets the help from witnesses Police officer has to inform the nearest magistrate about the incident. jail.POLICE INQUEST Conducted by Police Officer Can not hold inquest in death during police custody.P.

Singh 13 .Supreme Court ` located at New Delhi. Interpretation of law ` Law declared by it is binding on all other courts ` It can pass any sentence authorized by law. ` Presided over by Chief Justice India ` Functions: Supervisory. Dr.P. V. ` Highest judicial court of India.

It is empowered to try any offence. Can pass any sentence authorized by law. Usually located in the capital of each State.Singh 14 . Presided over by Chief Justice of the court. V. Dr.P.` ` ` ` ` Highest court in the State.

` ` ` Usually located at the distt. can pass any sentence authorized by law including death sentence subject to confirmation by HC. V.P. Headquarters Has jurisdiction over all criminal offences but can try only those cases which have been referred by the magistrate.Singh 15 . Dr.

Dr.presided over by magistrates. usually officers of revenue dept (Dist Collector. Metropolitan Magistrate Executive Magistrate are appointed by State Govt.Singh 16 . Have the powers of Distt or Sub Div.P. V. Judicial Magistrate ` ` ` 1st class 2nd class CJM ± is Judicial Magis 1st class. Judicial Magistrate. Magistrate. Tehsildar). in charge of a district Sub Div.

Juvenile Magistrates Usually females Preside over juvenile courts Try juvenile offenders under Children Act which provides for rehabilitation of juvenile offenders. Dr. V.Singh 17 .P.Special Magistrates appointed by the Govt for special purpose or when regular magistrates are unable to do extra work or Inquiry has to be completed with in certain time.

V.1000 Dr.P.CJM & Chief Metropolitan Magis.5000 Judicial Magistrate 1st class & Metropolitan Magistrate Judicial Magistrate 2nd class 1 yr & Rs.Singh 18 . 7 yrs & Fine without limit 3 yrs & Rs.

Witness retains one copy & returns the other. Failure to obey a summon without reasonable cause is punishable . arrest warrant or imprisonment in criminal case) Dr.P. in a court of law. duly signed by him.Singh 19 . on specified date & time. signed by Presiding Officer. under penalty. Issued by court in writing.damages in civil case fine. in duplicate.` ` ` ` a document compelling the attendance of a witness. V.

` ` ` ` In civil cases a fee is given to the witness to cover the expenses to attend the court.P. In criminal cases no such fees is paid and witness is bound to attend the court. V. If doctor feels that the amount is less he may inform the court & get it enhanced. Dr. It is paid by the party who calls the witness.Singh 20 .

P.If summoned by two courts at same time ` Criminal court gets preference ` Higher court gets preference. Dr. V. ` If 2 courts are same status .attend the court from which the summons are received earlier.Singh 21 .

the whole truth and nothing but the truth. Witness who after taking oath willfully makes a statement which he knows/believes to be false PERJURY u/s 193 IPC. Dr.` ` ` Before giving evidence witness is required to swear by the God that he will tell the truth. V.Singh 22 .solemn affirmation instead of swearing by God.P. If the witness is atheist .

Examination in Chief Objective to inform the court all the facts of the case if witness is an expert then his interpretation Procedure In Private cases .P.lawyer from the side which summoned the witness starts this examination In Govt cases .Singh 23 . V.Public Prosecutor starts Dr.

(purposely makes contrary / false statement) Dr. V.Singh 24 .Procedure ` No Leading Questions are asked except where the witness is hostile.P.

Dr.P.Singh 25 . V.Objective to weaken the evidence of witness by showing that his details are inaccurate & contradictory or his opinion is ill founded Procedure ` Lawyer from the opposite side (accused ) tries to extract the facts which are favorable to his client. ` leading Questions can be asked.

Court can always forbid such questions. Dr.Singh 26 .P. answers may be harmful to his own party.` ` ` Not confined to the statements made by witness in examination in chief. V. If the opposite party does not put his questions cautiously . Questions even challenging the character of witness may be asked (if evidence is present). Acts as Double Edged Weapon.

Witness is re-examined by the counsel who called him Objective ` To clear up doubts that arises during cross examination ` To explain the matter properly so that undue emphasis or misinterpretation can be avoided. Dr.Singh 27 . Procedure ` Leading Questions are not asked. ` No new matter is introduced without Court¶s permission & consent of opposite counsel. V.P.

V.Judge may ask any question to the witness at any stage to clear the doubts.` ` ` Opposing side can cross examine on the new matters.Singh 28 .P. Court Questions . Dr. Evidence thus recorded is read to the witness & signed by him.

V. Dr.P. Medical Certificates (sickness. ` Admissible in the court after cross examination (oral evidence) except in few circumstances.Singh 29 .` Documents produced for the information of the court. postmortem report). death certificate) MLRs (Injury report.

` A statement (verbal/written) made by a person since deceased narrating the cause of his condition/ circumstances leading to his impending death.Singh 30 .Dr may record the statement himself. ` ` If time permits . Dr.P.Dr should arrange for magistrate to record the statement If the victim is very serious . V.

In the presence of 2 witnesses. It may be made orally but person receiving it records it in writing in vernacular of the patient. When declaration is completed. V. Nothing should be suggested to the victim Dr. Dr.Singh 31 .P. certifies that Pt remained compos mentis during his declaration and the same was read over to him & he accepted it as correctly recorded.` ` ` ` ` Dr has to certify that Pt is in sound mental condition (Compos Mentis).

` ` If he is unable to speak but can make signs in response to questions.P. these should be recorded in the form of questions & signs Read over to victim & signed by him. V.Singh 32 . 2 witnesses & the doctor. Dr.

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