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LEGAL AND ETHICAL ASPECTS May be performed by:

Executive magistrate
FORENSIC MEDICINE
Police officer
(Legal Medicine) - application of medical
Coroner
knowledge for dispensation of justice in a
Medical man.
court of law.
In India
MEDICAL JURISPRUDENCE Police inquest is the most common one.
means legal aspects of practice of medicine.
Police Inquest -
HISTORY (174 Cr.P.C) case of suicide, homicide or
Law medicine relationship has been trace
accidental death or death in suspicious
d to as back as 4000 - 3000 BC in many
circumstance.
corners of the world including India and
China. In the 5 th and 4 th century BC,
Magistrate Inquest
Hippocrates talke d about Medical ethics
(176 Cr.P.C) in case of death in police cu
and wounds and fatality.
stody, death of a house wife within 7 years
The oldest known medico-legal code -
of marriage if it is a suicide.
Code of Hammurabi (4000-3000B.C)
Coroner’s inquest
LEGAL PROCEDURES IN MEDICO It is now effective only in the city juris
LEGAL CASES diction of Bombay. Difference between
The legal procedure in India is based on Police. Inquest and Magistrate/Coroner’s
The Indian constitution Inquest
The Code of Criminal procedure Coroner’s court is a Court of inquiry and
Indian Penal Code not of trial. Hence, the Coroner can not
Indian Evidence Act awa rd punishment like a judicial
Cr.P.C deals with the investigation and trial Magistrate.
of offences within the limitation of the
Union territory of India except jammu and
Offences
Kashmir, Nagaland and some other tribal
I. Cognizable offence
areas.
II. Non - cognizable offence
A criminal case is tried in a Criminal court
Cognizable offence means an offence en
and a civil case is tried in a civil court.
listed the First Schedule of Cr.P.C, for
which a police officer can arrest a person
INQUEST:
without warrant.
Investigation or inquiry in to the cause of
Offences not enlisted as cognizable are
death, where death has occurred in a
suspicious circumstance. non - cognizable offences, in which cases

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for the arrest of the accuse dawarran Summons cases-

tmust beissued by anauthorizedperson those which are not warrant cases.
(eg:Magistrate). Maximum punishment is imprisonment up
to 2 yrs.
Cases
1. Criminal cases Civil cases-
2. Civil cases relating to disputes between two parties.
Criminal cases - relate to commission of There is no provision of punishment, as no
crimes. Criminal cases may be offence is committed.
a) Cognizable case
b) Non - cognizable case Courts
♦ Supreme court: Deals with both Civil and
Warrant cases-
Criminal cases. For criminal cases, it is only
offence is punishable with death, life
appellate section, after having dealt by a
imprisonment or imprisonment for more
High court. It can award any punishment
than 2 yrs.
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provided in the IPC. It can sustain or alter opinion of a person specially skilled in the
the punishment approved forawarded by matter.
a High court ♦ Hostile witness:
♦ Highcourt: a witness who willfully or with some
For criminal cases, usually most of the motive tells lie, suppresses facts partly or
highcourts have appellate section. It can fully in a court may be declared a hostile
award any punishment provided by the witness.
IPC. In a criminal case, when a lower
court awards a death sentence, the High Perjury
court has to confirm it before execution. If a person under oath gives a false
♦ Sessions court / Sessions judge: evidence in a court of law, it is called as
the power of sessions courts a nd perjury. (IPC section 191) Punishment:
Additional sessions courts are same. They imprisonment up to 7 yrs. (IPC section
can award any punishment allowed by 193)
law. But a death sentence ordered by
them has to be confirmed by High court. Evidence
♦ Assistant sessions court: Types:
The y can awa rd any punishment ♦ Oral-
provided by law except death sentence, statement to be made before a court
sentence of life imprisonment, or by a witness in relation to matter of fact
imprisonment for a period exceeding 10 under inquiry.
years. ♦ Documentary-
♦ Chief judicial magistrates: they have any document produce d for the
power to award imprisonment for up to 7 inspection of the court, in relation to matter
yrs. of fact under inquiry.
♦ First class judicial magistrate:
punishment up to 3 years imprisonment
Corpus delicti-
and fine up to Rs. 5000.
means-A dead body, findings on which
♦ Second class judicial magistrate: upto 1
suggest that some illegal (criminal) act
year imprisonment and fine up to Rs
has occurred (relating to death of the
1000.
person).
Witnesses
Medical Evidence
Types:
♦ Oral evidence-
♦ Common witness
testifies about what he himself has seen, the doctor has to attend the court when
heard or perceived in relation to acase. summoned.
♦ Expert witness ♦ Documentary evidence

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includes Medical certificates, Medico- Central Council of Homoeopathy

legal reports, Dying declaration, Dying CCH act - in1973
deposition etc. Schedule I
number of elected members from each
Summons state.
is a directive or order to a witness issued Schedule II
by a court requiring the presence of the recognized medical qualifications granted
witness in the court on a specific date, at by universities in India.
a specific time, to depose (state), as to Schedule III
what he knows in relation to a case under qualifications granted by me dical
trial in the court. institutions outside India.

Conduct money Number of elected members:

money allowed to witness to meet up If 100 - 10000 : 1 seat
travelling and other expenses for attend- 10000 - 20000 : 2 seats
ing court. 20000 - 30000 : 3 seats
30000 - 40000 : 4 seats
Different codes of Ethics More than - 40000 : 5 seats
The oath of Hippocrates
The declaration of Geneva 1948 - the Dichotomy
World Medical Association at its third fee splitting
gen eral asse mbly at Geneva , in Covering
September 1948. assisting some person who has no medical
qualification to attend or to perform an
The International code of Medical Ethics operation on some person.
the World Medical Association at its
general assembly in London in October Privileged communication
1949. It is a bonafide information to a concerned
Different acts in connection with Medical person or authority, given by a doctor by
profession: virtue of his duty to protect the interest of
Indian Medical Degrees Act of 1919. the community or the society.
Indian Medical Council Act of 1933. Eg: Informations about Sexually transmitted
Indian Medical Council Act of 1956 - It’s diseases, Infectious diseases of some
jurisdiction extends to all over India except categories of employees, Some non-
the state of Jammu and Kashmir. This act infectious diseases of some specific
provides for the constitution, composition categories of emplo yees, Risk of
and functions of the Medical council of contamination to public, Outbreak of a
India. communicable disease, Commission of

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some crime, Information disclosed in the or damage to the patient. Malpractice

interest of the patient, in the interest of the may be Criminal / Civil
doctor himself, disclosure in a Court of
Law. Res ipsaloquitur
means facts speak for themselves.
Malpractice and Negligence in Medical
Res judicata
practice that the c omplaint should not be
Malpractice entertained because it has already been
absence of reasonable care and skill in a tried once by a court of law.
doctor in course of treating his patient or
Iatrogenic diseases or conditions
his willful negligence in the treatment of a
1. Medical mal occurrence
patient, causing some damage, bodily
2. Therapeutic Mis adventure
injury or death of the patient.
Therapeutic reasons
Diagnostic misadventure
Negligence- Experimental misadventure
omission to do some thing which are a
reasonably competent medica l
Corporate negligence
practitioner would do, or doing some thing not only the treating doctor of the patient
which a reasonably competent medical
but also the hospital administration and
man would not do, leading to some harm some other categories of the hospital staff

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related with treatment of the patient may Types:

be charged for negligence due to damage i. Implied consent
suffered by the patient. ii. Expressed consent.
a) Verbal
Novus actus intervenins b) Writtenn
a doctor will not be responsible for any Different laws having relevancy with
harm caused to the patient due to medical profession
interference or intervention during the Cr.P.C
course of treatment of the patient, by any I.P.C
person who is not reated with the C.P.C
treatment of the patient. COPRA
Indian evidence act
Contributory negligence Workmen’s compensation act of 1923.
sometime the alleged damage suffered by Employees State Insurance Act of 1948.
the patient or the negligent act of the
Indian Factories Act no 63 of 1948.
treating physician is related to some
Birth, Death and Marriage certification
undesirable or negligent act of the patient
act.
himself. This is contributory negligence.
Transplantation of human organs act -
In these circumstances, the doctor may 1994.
be partly re sponsible or not at all The Plantation Labour Act, 1951.
responsible for the dam age.Thus The Mines Maternity Benefit Act,1941.
contributory negligence is a good defense
for the doctor, but only in civil cases and Medical certificate
not in criminal cases. The certificate should not be given if the
Vicarious liability - doctor is not sure of the cause of death, or
means liability of a person due to the act if there is at least suspicion of foul play.
of another. In medical practice this means Issuing or signing false certificate is
responsibility of a superior medical or punishable under section 197I PC.
paramedical employee for the negligent
act of his subordinate employees or IDENTIFICATION OF AN INDIVIDUAL
persons under training. INDICES

Tort - means a civil wrong. Cephalic index (C.I):

Maximum width of the head (biparetal
Consent:
Consent is free and voluntary agreement, Diameter) x 100
approval or permission for compliance of Maximum length of the head
some act. (occipitofrontal diameter)

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