Forensic Medicine

Dr. VPSingh
MD,LLB, PGDMLS
[email protected]
MedicoLegal Consultant

Dr. V.P.Singh 1
Forensic Medicine
 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

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Illustration

 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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FORENSIC PATHOLOGY
deals with interpretation of autopsy findings
during investigation of death
FORENSIC NURSING
deals with scientific role of nurses in
medico-legal cases.

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MEDICAL JURISPRUDENCE

JURIS = Law PRUDENTIA = knowledge

deals with application of knowledge of law to
the practice of medicine
1. Doctor - Patient Relationship
2. Doctor - Doctor Relationship
3. Doctor - State Relationship

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INQUEST
 means Inquiry or Investigation
 In forensic medicine - Inquest means legal

inquiry in to Cause of Death

 Death due to natural cause-No further

investigation is needed -Body is cremated.

 Death due to Unnatural cause - INQUEST

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POLICE INQUEST

inquiry by police officer in to the cause of Unnatural

death.
Police officer holding the inquiry - Investigating Officer.
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)

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POLICE INQUEST
 If no foul play is suspected -Body is handed
over to relatives.
 If foul play is suspected-Autopsy.
 If autopsy indicates unnatural death-Further

Inquiry & Trial.

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

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

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MEDICAL EXAMINER SYSTEM

is a type of inquest, prevalent in USA.

Medical examiner visit the site of crime/accident
to get the necessary information.
He performs autopsy & correlates the
information received to determine the cause &
manner of death
He submits his report to district attorney.
This type of inquest is better

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

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 CRIMINAL COURTS IN INDIA

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

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High Court

 Highest court in the State.

 Usually located in the capital of each State.
 Presided over by Chief Justice of the court.
 It is empowered to try any offence.
 Can pass any sentence authorized by law.

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Sessions Court

 Usually located at the distt. Headquarters

 Has jurisdiction over all criminal offences but

can try only those cases which have been

referred by the magistrate.
 can pass any sentence authorized by law

including death sentence subject to

confirmation by HC.

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Magistrate Courts
presided over by magistrates.
1st class
Judicial Magistrate
2nd class
 CJM – is Judicial Magis 1st class, in charge of a
district
 Sub Div. Judicial Magistrate.
 Metropolitan Magistrate
Executive Magistrate
are appointed by State Govt.
usually officers of revenue dept (Dist Collector,
Tehsildar).
Have the powers of Distt or Sub Div. Magistrate.
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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.
Juvenile Magistrates
Usually females
Preside over juvenile courts
Try juvenile offenders under Children Act which
provides for rehabilitation of juvenile offenders.

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 Powers of Magistrates

CJM & 7 yrs & Fine without

Chief Metropolitan
limit
Magis.
Judicial Magistrate 1st 3 yrs & Rs.5000
class & Metropolitan
Magistrate
Judicial Magistrate 2nd 1 yr & Rs.1000
class

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SUBPOENA/SUMMONS
 a document compelling the attendance of a
witness,
on specified date & time, in a court of law, under
penalty.
 Issued by court in writing, in duplicate, signed

by Presiding Officer.
 Witness retains one copy & returns the other,

duly signed by him.

 Failure to obey a summon without reasonable

cause is punishable - damages in civil case

fine, arrest warrant or imprisonment in criminal
case)
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Conduct Money

 In civil cases a fee is given to the witness to

cover the expenses to attend the court.
 It is paid by the party who calls the witness.
 If doctor feels that the amount is less he may

inform the court & get it enhanced.

 In criminal cases no such fees is paid and

witness is bound to attend the court.

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If summoned by two courts at same time
 Criminal court gets preference
 Higher court gets preference.
 If 2 courts are same status - attend the court

from which the summons are received earlier.

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OATH
 Before giving evidence witness is required
to swear by the God that he will tell the
truth, the whole truth and nothing but the
truth.
 If the witness is atheist - solemn affirmation

instead of swearing by God.

 Witness who after taking oath willfully

makes a statement which he

knows/believes to be false PERJURY u/s 193
IPC.

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Recording of Evidence In Court

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 - lawyer from the side which
summoned the witness starts this examination
In Govt cases - Public Prosecutor starts

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Examination in Chief

Procedure
 No Leading Questions are asked except

where the witness is hostile. (purposely

makes contrary / false statement)

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Cross Examination

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.

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Cross Examination
 Not confined to the statements made by
witness in examination in chief.
 Questions even challenging the character of

witness may be asked (if evidence is

present). Court can always forbid such
questions.
 Acts as Double Edged Weapon. If the

opposite party does not put his questions

cautiously , answers may be harmful to his
own party.

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Re-Examination

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.

Procedure
 Leading Questions are not asked.
 No new matter is introduced without Court’s

permission & consent of opposite counsel.

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 Opposing side can cross examine on the new
matters.
 Evidence thus recorded is read to the witness

& signed by him.

 Court Questions - Judge may ask any

question to the witness at any stage to clear

the doubts.

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Documentary Evidence
 Documents produced for the information of
the court.
◦ Medical Certificates (sickness, death certificate)
◦ MLRs (Injury report, postmortem report).
 Admissible in the court after cross
examination (oral evidence) except in few
circumstances.

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Dying Declaration
 A statement (verbal/written) made by a person
since
deceased narrating the cause of his condition/
circumstances leading to his impending death.
 If time permits - Dr should arrange for
magistrate to
record the statement
 If the victim is very serious - Dr may record

the statement himself.

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Dying Declaration
 Dr has to certify that
◦ Pt is in sound mental condition (Compos
Mentis).
 When declaration is completed, Dr. certifies that

◦ Pt remained compos mentis during his

declaration and the same was read over to him
& he accepted it as correctly recorded.
 It may be made orally but person receiving it

records it in writing in vernacular of the patient.

 In the presence of 2 witnesses.
 Nothing should be suggested to the victim

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Dying Declaration
 If he is unable to speak but can make signs
in response to questions, these should be
recorded in the form of questions & signs
 Read over to victim & signed by him, 2

witnesses & the doctor.

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