You are on page 1of 13

LEGAL PROCEDURES

P.  It deals with substantive criminal law of India.)  Implemented in 1860.  Came into force in British India during the early British Raj period in 1862.  Was drafted in 1860 on the recommendations of first law commission of India.INDIAN PENAL CODE(I.C.  It defines offenses and prescribes punishments .

appeals. and in investigating offences.C.)  Implemented in 1973. dealing with absconders. references. revisions and transfer of criminal cases.  It deals with police duties in arresting offenders.  Provides the mechanism for punishment of offences against the substantive criminal law.CRIMINAL PROCEDURE CODE(Cr.P. etc. in the production of documents.  It deals with actual procedures in trials. .

A.  It deals with law of evidence and applies to all judicial proceedings in any court.  I.A.INDIAN EVIDENCE ACT(I.E.)  Implemented in 1872. .E. is common to both the criminal and civil procedure.

security of the state.CRIMINAL LAW  It deals with offences which are considered to be against the public interest. property. etc. public safety. . such as offences against the person.

 The accused is called “defendant” in both criminal and civil cases. .CIVIL LAW  It deals with disputes between two individuals or parties.  The party bringing the action in a civil case is called “plain tiff”.

to seek or look for)  Definition- “An inquest is an enquiry or investigation into the cause of death where death has occurred under mysterious and suspicious circumstances. The Medical Examiner system. 2. 4. and quaro. Police inquest. Magistrate’s inquest.”  Types- 1. (Prevalent in the US) . into. (Not followed in India now) 3.INQUEST (from Latin in. Coroner’s inquest.

O. .  The police officer making the inquest is known as investigating officer (I.POLICE INQUEST  The officer-in-charge (usually sub-inspector) of a police station conducts the inquest.)  When the officer-in-charge receives information about suicide/killing/murder/accident which raises a reasonable suspicion he informs it to the nearest executive magistrate empowered to hold inquest and proceeds to the place where the body of such deceased person is.

but it may be as long as 50 papers or as short as just 3 papers.  Report (Panchanama) describing wounds. . etc.  The inquest report. poisoning. on an average consists of about 10 papers. is made and is signed by the I.O. and Witnesses. bruises and other marks of injury found on the body. fractures. Then at that place investigation is done in the presence of two or more respectable persons/Witnesses (panchas).

his subsequent action would be different. if this had been lodged with the police (x) Any other relevant paper (for instance. giving details of injuries as visualized by him (v) Any treatment records. .The usual papers that the report contains are:- (i) Brief facts of the case (ii) Statements and opinions of two or more relatives or neighbours or friends of the deceased (iii) A sketch of the scene where the body is lying (iv) (iv) A form filled up by the police officer himself.) (xi) After preparing the inquest report. the railway ticket found in the deceased's wallet. if the person had been receiving some treatment for some disease or injury prior to his death (vi) A copy of the MLC. if this was made at the time the patient was brought to the hospital (vii) Statement of the deceased prior to his death regarding his cause of death (viii)Suicide note of the deceased if this was found (ix) A copy of the First Information Report (FIR). In either case. the police officer may come to one of the two conclusions. if the body was found on a platform. either there has been a foul play or there has been none.

 in any case of death.MAGISTRATE’S INQUEST  Conducted by a district magistrate (collector/deputy commissioner). sub-divisional magistrate. . a magistrate may conduct an inquest instead of/in addition to the police inquest. tahsildar or any other executive magistrate especially empowered by the state government (executive magistrates).

death due to police firing 3. but the Magistrate reserves the right to conduct inquest in any other case which he deems fit. any person dies/disappears/rape victim who is in the custody of police/under any other custody authorised by the court .There are certain specific cases in which only the Magistrate shall hold an inquest (as mentioned under the relevant heading). exhumation 7. death in prison. death in a psychiatric hospital 5. borstal school 4. dowry deaths 6. reformatories. Done in case of- 1. death in police custody and while under police interrogation 2.

THANK YOU .