Court Of Law, medical jurisprudence

Question 1

First post-mortem was conducted by

Answer 1

Bartolomeo da variegnana

Italy in 1302

Question 2

The first post-mortem in India was conducted by

Answer 2

Buckley (on Mr Wheeler)

In Chennai 1663

Question 3

The term legal medicine was coined for forensic medicine by

Answer 3

Paul Zacchias
Father of legal medicine
Father of forensic psychiatry

Question 4

IPC stats

Answer 4

Came into form in 1860
511 IPCs
23 chapters

Question 5

CrPC

Answer 5

Criminal Procedure Code
Includes procedure for investigation, arrest, court proceedings and judgement of criminal cases

Implemented in 1973
484 CrPCs
37 chapters

Question 6

Indian Evidence Act

Answer 6

Implemented in 1872

Deals with law of evidence (and witness) and applies to all judiciary proceedings

Contains 167 chapters

Question 7

Which type of evidence is more valid

Answer 7

Oral evidence is more valid than documentary evidence because it is cross examined

Question 8

Types of witnesses

Answer 8

1. Common witness/ Eye witness
  Most common
2. Hearsay witness
  Not valid in India with 2 exceptions
3. Expert witness-45 IEA
  Qualified person who house gives opinion (eg., doctor, fingerprint expert, chemical examiner, firearm expert, serologist,...)

Question 9

Exception where hearsay witness is valid

Answer 9

1. dying declaration- 32 IEA
2. Res Gestae- 6 IEA
   Involuntary exclamation:
   a)at the heat of the moment
   b) when the crime takes place

Question 10

Volunterring of the statement in the court of law is the special privilege of ___ witness

Answer 10

Expert witness

Question 11

Cognisable offence

Answer 11

Any offence where police can arrest a person without warrant from the Magistrate

part of 2 c) CrPC

Question 12

Non cognisable offence is a part of

Answer 12

2 L) CrPC

Question 13

Cognisable offence examples

Answer 13

Eg.,
dowry death,stalking,voyeurism
Rape (with/without murder)
Ragging (“” grievous hurt)
Robbery and docoity 
Rash and negligent fatal acts

Question 14

Courts that can impose death penalty or unlimited fines in India are

Answer 14

1. Supreme Court
2. High court
3. Session court
4. Additional sessions court

Question 15

Power of amnesty

Answer 15

Power of president to commute a death sentence

Question 16

416 CrPC

Answer 16

If a pregnant lady committed a murder and is imposed a death sentence , the high court postponed the death sentence upto delivery

Question 17

Inquest

Its types

Answer 17

A legal inquiry into the circumstances and causes of death

Types:

1. Police inquest (174 CrPC)
2. Magistrate’s “ (176 CrPC)

(not in India)

3. Coroner’s “
4. Medical examiner’s “

Question 18

Magistrate’s inquest is done in cases of

Answer 18

1. Dowry death
2. Prison death
3. Police custody death
4. Police firing death
5. Psychiatric hospital death
6. Exhumation

D 4P E

Question 19

Criminal courts in India

Answer 19

1. Supreme Court
2. High court
3. (District) Sessions court
4. Two types of Magistrate

Question 20

Types of magistrate courts

Answer 20

1. Judicial magistrate
   a) Chief metropolitan/judicial magistrate
   b) metropolitan magistrate / judicial magistrate of class 1
   c) judicial magistrate of class 2
2. Executive magistrate

Question 21

3 tiers of punishment by judicial magistrate court in decreasing order

Answer 21

7 years imprisonment; unlimited fine

3 years; ₹10,000

1 year; ₹5,000

Question 22

Summons case and warrant case

Answer 22

Summons case is a case where the offence is punishable with less than 2 years imprisonment

Warrant
More than 2 years

Question 23

Affidavit

Answer 23

Voluntary written statement of facts made under an oath before an officer of court

Question 24

Exhibit ( legal)

Damages

Answer 24

Any object/ document for inspection before court

Damages is the compensation

Question 25

Public prosecutor

Answer 25

Any person appointed 24 CrPC to argue in favour of the victim

Question 26

Battery legal meaning Conduct money

Answer 26

An executed assault (even as small as a touch) In civil cases, the medical officer is usually paid money to meet his travel expenses, at the time the summons is served on him If unpaid, he may ignore the summons. If inadequate, he may ask for an enhanced price

Question 27

Culpable homicide not amounting to murder

Answer 27

299 IPC Caused death with the intention or knowledge of causing injury to likely cause death ,but not with the intention of causing death 304 - Punishment for culpable homicide if not murder (life imprisonment or upto 10years,fine)

Question 28

Murder

Answer 28

300 IPC 302 IPC- punishment for murder Has the intention to cause death

Question 29

mens rea actus reus

Answer 29

Planning of the act The act

Question 30

304 A 304 B 305 of IPC

Answer 30

304 A - death by negligence 304 B - dowry death (7 years or more) 305 - abetment of suicide

Question 31

307 308 309 IPC

Answer 31

Attempt to: 307- murder 308- culpable homicide 309- suicide (removed)

Question 32

Subpoena or summons

Answer 32

It is a document commanding the attendance of a witness in a court of law under a penalty Priority: Criminal case over a civil case Higher court over a lower court

Question 33

Leading question

Answer 33

One which itself suggests the answer. Eg.,” Doctor, was not the injury caused by a sharp weapon?” Cannot be asked by a examination in chief (except when a hostile witness is examined) Can be asked during cross examination Cannot be asked during re-examination

Question 34

Types of evidence

Answer 34

``` 1. Documentary: • medical certificates • medicolegal report • dying declaration 2. Oral 3. Circumstantial ```

Question 35

Principles in issuing a death certificate

Answer 35

1. In the event of death of a person in areas notified by state government a medical practitioner who attended the deceased during his/her last illness is required to issue a certificate of cause death in prescribed form (to accompany the death report) 2. Information regarding cause of death is to be kept confidential by law and must be used purely for statistical purposes 3. It is the duty of the person in charge of the institution to report all births and deaths

Question 36

Purpose of death certificate

Answer 36

1. Commencement of the process of disposal of dead 2. National statistics 3. End of pattern of care Fees should not be charged

Question 37

Obligations of medical practitioner in issuing death certificate

Answer 37

Medical practitioner is not entitled to charge any fee for issuing death certificate. He should not refuse, nor cause unnecessary delay in issuing death certificate

Question 38

Medicolegal reports

Answer 38

Documents prepared by a medical officer in compliance with a written requisition issued by the magistrate of police officer

Question 39

Compos mentis

Answer 39

The declarant should be of sound mind at the time of the dying declaration when he has something related to his death (important to the case) to say.

Question 40

Dying declaration

Answer 40

Verge of dying by unnatural causes 1. Should relate to the cause of death or his present condition 2. Should be a victim of sound mind 3. In presence of 2 witnesses No external influence 4. If unable to speak but gestures, then only the features should be recorded to be interpreted by the court 5. Read over to the declarant or if possible signed by him otherwise the medical officer must sign. 6. Forwarded to the magistrate in a sealed envelope 7. Investigating officer should not be present

Question 41

Dying deposition

Answer 41

If a dying declaration is recorded by the magistrate, and in presence of the accused who is given an opportunity to cross examine. Not prevalent in India Greater value

Question 42

Warning notice

Answer 42

The IMC issues a warning notice periodically, which is a list of offences constituting infamous conduct. Any other offence considered as disgraceful or dishonourable by professional colleagues of good repute can also be brought under purview

Question 43

Direct oral evidence

Answer 43

Evidence of actual witness referring to a fact which can be seen, heard or perceived by individuals (including the witness) Exceptions: 1. Dying declaration 2. Expert opinion expressed in a treatise 3. Deposition of medical witness in a lower court 4. Chemical examiner’s report

Question 44

82, 83,84,85,86 IPC

Answer 44

82. Act of child under 7 83. Act of child above 7 and under 12 of immature understanding 84. Act of a person of unsound mind (McNaughten Rule) 85. Act of a person intoxicated involuntarily Nothing is an offence for the above 4 86. Act of a person intoxicated voluntarily Culpable

Question 45

Child welfare committee

Answer 45

The authority to deal with children in need of care and protection. Constitutes a chairperson and 4 other members (one of whom at least should be a woman)

Question 46

Juvenile board

Answer 46

Every state has been authorised to constitute for a district (or group) at least one Juvenile board , for exercising powers and discharging duties in relation to, juveniles in conflict with law. The board consists of : 1. Metropolitan Magistrate or a judicial magistrate of first class 2. 2 social workers (of whom at least one shall be a woman)

Question 47

Special homes for reception and rehabilitation of juveniles

Answer 47

1. Children’s Home: children in need of care and protection 2. Special homes: children in conflict with law 3. Observation Homes: for temporary reception of children 4. After-care organisations for taking care of children after getting discharged from other special homes

Question 48

Features of a subpoena or summons

Answer 48

1. Issued by the court in writing, signed by presiding officer 2. It is served on the witness; by a police officer or an officer of court of the court (or any person specifically authorised for this) 2. Issued in duplicate: • one of which has to be returned after signing • other is retained by witness

Question 49

Penalty for non compliance of summons or subpoena is

Answer 49

Warrant of arrest and a compulsory appearance before court

Question 50

Relevance of conduct money in a criminal court

Answer 50

Conduct money is usually paid in civil cases | In criminal cases, usually it is not given and it is the duty of every citizen to attend court whenever summoned

Question 51

Procedure in court

Answer 51

1. Oath 2. Examination-in-chief 3. Cross examination 4. Re-examination

Question 52

Functions of Indian medical council

Answer 52

1. Medical register 2. Medical education 3. Recognition of foreign medical qualifications 4. Appellate tribunal 5. Disciplinary control

Question 53

Purpose of different examination in court

Answer 53

1. Examination-in-chief To apprise the court of all the facts 2. Cross examination: Highlight inaccuracies and contraindications in statements of witnesses 3. Re-examination: Clear any doubts that arose during cross examination If a new topic is introduced, then opposing party has the right to cross examine

Question 54

Court questions

Answer 54

Questions put forward by the presiding officer of the court. These are to clear doubts. Can be asked at any stage of trial proceedings

Question 55

87, 88,89,92 IPC

Answer 55

87. Act not intended to cause death or grievous hurt, done by consent 88. Act not intended to cause death done by consent in good faith for person’s benefit 89. Act done in good faith for benefit of a child or insane person 92. Act done in good faith for benefit of a person without consent For all these nothing is an offence

Question 56

Penalty for infamous conduct for a doctor

Answer 56

1. Warning 2. Temporary erasure from 2 months to 5 years 3. Permanent erasure or professional death sentence

Question 57

Forms of euthanasia

Answer 57

1. Voluntary: The patient gives consent to end his sufferings. 2. Non-voluntary: The patient is not in a position to give consent, e.g. comatose patients. 3. Involuntary (compulsory): Decision by the society to terminate the life of an individual; it is done against the will and consent of the individual.

Question 58

Classification of euthanasia

Answer 58

1. Active: Inflicting death by an act of commission 2. Passive: By an act of omission 3. Pediatric: To the seriously sick or deformed infants 4. Geriatric: Seriously sick, bed-ridden aged individuals. 5. Battlefield: Severely wounded or handicapped individual in the war field, to end his sufferings and also to prevent him from getting caught and tortured by the enemy.

Question 59

Malingering

Answer 59

Malingering means planned feigning or pretending a disease for the sake of gain. Reasons 1. By soldiers or policemen to evade duties. 2. Prisoners to avoid hardwork. 3. Businessmen to avoid a business contract. 4. Workmen to claim compensation. 5. Criminals to avoid legal responsibilities.

Question 60

Diseases that are commonly feigned

Answer 60

(i) Ophthalmia (ii) Dyspepsia and Intestinal (abdominal) colic (iv) Sciatica (back pain) (v) Epilepsy (vi) Insanity (vii) Artificial bruise

Question 61

Diagnosis of malingering

Answer 61

In most cases detection is easy, but in some cases it may be difficult. 1. History is taken from the patient, relatives and friends, and any inconsistencies in the description of the symptoms are noted. 2. Usually the signs and symptoms will not confirm (fix into) any known disease. 3. Malingering can be diagnosed by keep- ing the patient under observation and watching him without his knowledge. Rarely an anesthetic may be given to detect malingering.

Question 62

Norvus Actus interveniens

Answer 62

An unrelated act intervening Rarely when some new unrelated act intervened, the doctor can prove that death was due to unrelated act which happened in between

Question 63

Consent over organ harvesting

Answer 63

If a person had given permission to harvest his organs, then on his death the consent of legal heirs is required for organ harvesting. No person has right over his body after his death

Question 64

Professional negligence/ medical malpractice

Answer 64

Omission to do something which a reasonable competent man would do or so doing something which a prudent reasonable man would not do, either which results in direct damage or death of patient Imprisonment upto 2 years with or without fine

Question 65

Components of a negligence suit

Answer 65

1. Existence of duty of care 2. Dereliction of such duty 3. Damage 4. Direct cause

Question 66

Professional indemnity policy

Answer 66

Doctors can insure their professional practice by way of taking professional insurance Monetary compensation The case is taken over by insurance company Also provided by respective state branches of IMA