Legal procedure slideshare
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This document discusses legal procedures in India according to the Indian Penal Code and Code of Criminal Procedure. It covers topics such as inquests, courts, cognizable vs non-cognizable offenses, punishments, summons procedures, types of evidence including dying declarations, and procedures for examining witnesses in court. Police inquests and magistrate inquests are described as the main types of inquest conducted in India to investigate sudden, suspicious, or unnatural deaths. The roles of various courts like the Supreme Court, High Courts, and magistrate courts are also summarized.
Legal procedure slideshare
- 1. LEGAL PROCEDURES (FM 1.3 to 1.9) Dr Arun Pinchu Xavier Assistant Professor Dept of Forensic Medicine Sree Mookambika Institute Of Medical Sciences
- 2. What do you think is Forensic medicine & the role of a forensic surgeon..? IN THE DEAD IN THE LIVING
- 3. Definitions: MEDICAL JURISPRUDENCE FORENSIC MEDICINE INDIAN PENAL CODE - IPC CRIMINAL PROCEDURE CODE - CrPC CODE OF CIVIL PROCEDURE - CPC
- 4. INDIAN LEGAL SYSTEM • Medical Jurisprudence embraces all medical issues affecting social rights/obligations of the individual as well as the doctors and brings the medical practitioner in contact with the law. Thus, medical jurisprudence deals with the legal aspect of medical practice • Forensic Medicine deals with the application of the principles and knowledge of medical science along with circumstantial evidence ,to legal investigations and proceedings in court of law in the administration of justice. Thus, forensic Medicine deals with the application of medical and paramedical knowledge towards administration of justice.
- 5. • It’s a comprehensive code that covers all aspects of criminal law in India. • It defines the different offences and prescribes the corresponding punishments that are awarded by the Indian courts of law. • The Indian Penal Code of 1860, its been sub-divided into 23 chapters, comprises 511 sections.
- 6. • It is a set of laws that define the investigation of a crime and the procedures for the investigation and trial of different criminal offences. • Criminal Law deals with offences which are considered to be against the public interest, such as offences against the person, property, public safety, security of the State, etc. Here the State is a party represented by public prosecutor, and the accused is the other party. ,1973
- 7. • It is a set of procedural laws that apply to non criminal disputes between two parties. These include disputes like Land or property disputes , divorce , paternity disputes.. • Civil Law deals with disputes between two individuals or parties. • The party bringing the action in a civil case is called "plaintiff". • The accused is called "defendant" in both criminal and civil cases.
- 8. OFFENCES..?? • Cognizable offence • Non cognizable offence • Bailable offence • Non bailable offence
- 9. COGNIZABLE OFFENCE NON COGNIZABLE OFFENCE An offence in which a police Can Arrest a person without warrant from the magistrate An offence in which a police Cannot arrest a person without warrant from the magistrate E.g. Rape, Murder Dowry deaths Ragging Voluntarily causing hurt and miscarriage
- 10. PUNISHMENTS ..?? • Forfeiture of property • Solitary confinement • Imprisonment for a term- Months / Years • Simple imprisonment • Rigorous imprisonment ,with hard Labour • Life imprisonment • Death sentence
- 11. INQUEST - FM 1.4
- 12. LEGAL PROCEDURES IN INDIA ❖ INQUEST : • Preliminary Legal inquiry investigation into the cause of death in cases of Sudden ,Suspicious & Unnatural deaths • Types of inquest in INDIA : Police inquest & Magistrate inquest Other Types : • Coroners inquest, • Medical examiners system & • Procurator fiscal system
- 13. POLICE INQUEST / Sec 174 CrPC : • Common type of inquest ,Police officer making inquest is called investigating officer. • When he comes to know about a death, he informs the nearby executive magistrate and moves to the scene of crime • There he makes a report ,with the help of - PANCHAS ,describing the wounds marks of injuries, fractures & in what manner and by what weapon could these injuries have been inflicted –PANCHANAMA • If he finds any foul play, the body is sent for postmortem examination ,together with a requisition and a copy of inquest or the body is handed over to the relatives for disposal.
- 14. Some Indications for Police Inquest … Krishan Vij.Legal Procedure :In Textbook of Forensic Medicine & Toxicology,5th edn
- 15. MAGISTRATE INQUEST / 176 Cr PC : • Conducted by District magistrate , Sub divisional Magistrate or Executive magistrate • Especially empowered by the state government –Collector / Deputy collector / Tahsildar Indicated in : • Death in Prison , Police custody • Death in Psychiatric hospital • Death due to Police firing / Police interrogation • Exhumation , Dowry deaths • Deaths in addition / instead of police inquest
- 16. Other Types of Inquest: MEDICAL EXAMINER SYSTEM: • This is a type of inquest conducted in most of the states of USA. Here a medical person is appointed to hold an inquest. • The medical person usually visits the scene of crime and, thus, is able to gather first-hand evidence that is interpreted in proper perspective owing to his knowledge of medical science. • The autopsy is also conducted by him. This system, therefore, is far better than the other systems where non-medical person conducts the inquest CORONER'S INQUEST : • This is a type of inquest done in U.K., some States in U.S.A., and some other countries, but not in India. Coroner conducts inquest in all unnatural and suspicious deaths.
- 17. COURTS OF LAW - FM 1.4
- 19. ❖ COURTS / Sec 6-25 CrPC: COURTS IN INDIA – CRIMINAL & CIVIL • CRIMINAL COURTS – 01.SUPREME COURT – Highest judicial tribunal , New Delhi, Supervisory ,Binding ,Any sentence 02.HIGH COURT - State Capital ,highest judicial tribunal of state. 03.SESSIONS COURT - District headquarters ,try cases committed to it by a magistrate 04.MAGISTATE COURTS - CLASS OF MAGISTRATE IMPRISONMENT FINE CHIEF JM 7 years UNLIMITED FIRST CLASS JM 3 years 10,000/- SECOND CLASS JM 1 year 5,000/-
- 21. JUVENILE JUSTICE BOARD • Juvenile is a person below 18 Years - WHO • Offences committed by juvenile are tried by Juvenile Justice Board • Juvenile Justice Act,2015 was passed in order to consolidate and amend the laws relating to children alleged and found to be in conflict with the law and children in need of care • The board consists of a metropolitan magistrate or a judicial magistrate of first class and two social workers (at least one of whom is a woman) who together have the powers conferred by the Code of Criminal Procedure,1973
- 22. MEDICAL EVIDENCE - FM 1.7
- 23. MEDICAL EVIDENCE (FM 1.7) Evidence given by a expert witness in medical science is called medical evidence 3 types – Oral , Documentary & Material Evidence ❖Oral Evidence: ❖Documentary Evidence : Medical Certificates Medicolegal Reports Dying Declaration & Dying Deposition. ❖Material: Here the RMP is asked to testify about some object. Eg-Bullet
- 24. ORAL EVIDENCE: • Oral evidence refers to a fact that could be seen, heard or perceived in any other manner, it must be the evidence of that person who has himself seen, heard or perceived • Oral evidence whenever possible must be direct - Sec 60 IEA • It must be the evidence of that person who has personal knowledge of facts in relation to the particular incidence, i.e. it must be the evidence of an eyewitness. • If it refers to an opinion, it must be the evidence of that person who holds that opinion. • Hearsay or indirect evidence - is the evidence of a witness who has no personal knowledge
- 25. DOCUMENTARY EVIDENCE : MEDICAL CERTIFICATES & MEDICOLEGAL REPORTS ✓MEDICAL CERTIFICATES: • Certificates issued by a RMP in the course of treatment • Refers to ill health birth , death, vaccination etc • If a patient dies due to a natural disease, RMP is legally bound to issue death certificate without charging fees. • If ,not sure of the cause of death / suspicious of foul play – Not issued ! • Issuing / false certificate is punishable by 197-IPC…
- 26. ✓MEDICOLEGAL REPORTS: Prepared by a RMP usually on request by law enforcing agencies usually in civil or criminal cases. A Medicolegal Report has got 3 main parts; • First part :Introduction / Preamble Name Age Sex Address Name of the person accompanying / Identifying police officer Date time hour of examination, Consent ,ID marks • Second part: Observation & Findings including negative reports • Third part: Opinion / Inference drawn by the doctor from examination Doctor should sign with name, designation, time & station .
- 27. DYING DECLARATION & DYING DEPOSITION - FM- 1.7
- 28. DYING DECLARATION: Written /oral statement of a person who is dying – unlawful act Narrates the cause & circumstances of the condition If time permits ,call up – a magistrate / record by yourself if condition worsens • Before recording – Conscious & Oriented – COMPOS MENTIS • Presence Of 2 Witness, No leading questions allowed. • If not able to speak out – Signs / Actions to be recorded • Undue influence / prompting / Assistance should be taken at most care ! • Doctor & witness has to sign on it ,with time date and place • Once deposition over – get it Signed / left thumb impression of victim • Sealed & forwarded to magistrate • If the declarant survives - looses its legal validity but has corroborative value !
- 29. DYING DEPOSITION: • It is a statement of a person made under oath. • Statement given by dying person to the magistrate under oath in the presence of accused or by his lawyer, who is allowed to cross examine the witness. • Its superior to Dying Declaration, since its been recorded by the magistrate • Even if declarant survives - it retains its legal validity • This is not admissible in Indian Court of law !
- 30. Rajesh Bardale.Legal Procedure :In Principles of Forensic Medicine & Toxicology,1st edn
- 31. PROCEDURE FOR EXAMINATION OF A WITNESS IN THE COURT - FM 1.5
- 32. SUMMONS
- 33. ❖SUBPOENA / SUMMONS / Sec 61-69-CrPC • Legal Invitation compelling attendance of a witness on a particular Date Time Place by the court of law– issued under Penalty ! • Issued in duplicate ,served by police officer or officer of Court, bears the seal of the court. Served personally or delivered by Registered post. • Once received – attend punctually – give Evidence / Produce Documents /Articles. • Failure to obey without a just cause – imprisonment up to 6 months +/- 1000/- When receiving 2 summons.. • Criminal court > Civil court • Higher court > lower courts • 2 Summons of same level, preference is to given to the first you received..
- 34. CONDUCT MONEY: • Remuneration for attending the court in Civil Courts • Given at the time, when summons is been served, If inadequate / Not paid – inform the court – to Get It Enhanced - decided by judge • Served only in Civil Cases not in Criminal courts ,because of the interest of the State in securing justice
- 35. RECORDING OF EVIDENCE IN A COURT – FM 1.5
- 36. RECORDING OF EVIDENCE IN A COURT : Recording of evidence by a witness is done as follows: • OATH: Declaration required by law which is compulsory and holds the witness responsible for the consequences of his evidence .Sec-51 IPC makes it compulsory for every witness above 12 year to take it before disposing in the court of law. • EXAMINATION IN CHIEF: Called by the lawyer who has summoned the witness. The object of chief examination is to present before the court all facts that are relevant to the case . No leading questions are allowed at this stage, except when the witness has been declared, hostile .
- 37. • CROSS EXAMINATION : Witness is been questioned by counsel for the opposite party The object of cross examination is to show that the details provided by a witness are inaccurate and contradictory ,to discredit the witness and to develop new or old facts . • It is not limited to the facts, the witness testified. • Here the competence and credibility of the witness is been tested by questioning the his experience , qualification and power of observation . • Leading questions are allowed. Doesn’t have any time limit..! • RE-EXAMINATION : Re-examination is repeat questions by the lawyer who has summoned him To correct any mistakes during cross examination. To clarify / add details to statements made during cross examination
- 38. • QUESTIONS BY THE JUDGE : Judge presiding over hearing, at any stage during recording of evidence can ask questions to the witness, to clear up any doubts . • LEAVING THE COURT: After re-examination the witness can step down from the witness box after permitted by the judge. Before leaving the court room ,the witness must carefully read his deposition and sign at bottom of each page and initial any corrections. Only then. he can leave the court room after seeking permission from judge
- 39. RECORDING OF EVIDENCE IN A COURT OF LAW Krishan Vij.Legal Procedure :In Textbook of Forensic Medicine & Toxicology,5th edn
- 40. WITNESS:
- 41. WITNESS: A witness is person who testifies to a fact seen , heard or perceived..! Witness are of 2 - Common & Expert witness. • Common witness: Person who gives evidence about the facts observed by himself. • Expert witness: A person who is qualified experienced in scientific technical subject and capable of giving opinion from the facts observed by himself or others. Doctors, Fingerprint experts ,Handwriting experts ..are expert witness
- 42. HOSTILE WITNESS : • A witness wilfully conceals truth • Tell lies / give false evidence in the court against the party who summoned him. • Makes contrary statements of the facts or what he had already said in the lower courts on previous occasion. • When declared hostile ,leading questions can be asked in examination in chief by the public prosecutor PERJURY / 193 IPC: • After taking oath ,willfully making statements which he knows or believes to be false • Guilty of crime under S-191 & 193 IPC • Punished with 7 years imprisonment !
- 43. DOCTOR IN THE WITNESS BOX - FM 1.5
- 44. A great medical authority, William Hunter once said: “ To make a show and appear learned and ingenious in knowledge may flatter vanity. To know facts, to separate them from supposition, to arrange and connect them, to make them plain to ordinary capacities, and above all, to point out their useful applications should be the chief object or ambition ”
- 45. A medical witness, seeking to testify in the court, should bear in mind the solemnity of the occasion and adhere to some basic principles while giving evidence: 1. PUNCTUALITY AND DEMEANOUR 2. BE FAIR AND FRANK 3. CLARITY OF THE SUBJECT MATTER 4. SPEAK CLEARLY AND COOLLY, BUT NOT COLDLY 5. GIVE DIRECT ANSWERS WHEREVER POSSIBLE, AND ANSWER ONLY THE QUESTION ASKED..!
- 46. 6. NEVER LOSE TEMPER..! 7. VOLUNTEERING A STATEMENT..? 8. IN CASES OF MALPRACTICE..?
- 47. “ If the law has made a physician a witness, he should remain a man of science; he has no victim to avenge, no guilty person to convict and no innocent person to save ”- Bouardel: LETS BE THE REAL HEALTHCARE SUPERHEROS