FM1.1-1.7 LEGAL PROCEEDURES (1)

Objectives

  • At the end of the session, students should be able to demonstrate knowledge of:

    • Basics of Forensic Medicine, including definitions of related fields such as Clinical Forensic Medicine, Forensic Pathology, State Medicine, Legal Medicine, and Medical Jurisprudence.

    • History of Forensic Medicine.

    • Legal procedures such as the Criminal Procedure Code, Indian Penal Code, Indian Evidence Act, Civil and Criminal cases, and types of inquiries (Police Inquest and Magistrate's Inquest).

    • Understanding of cognizable and non-cognizable offences.

    • Overview of Courts in India and their powers, including Supreme Court, High Court, Sessions Court, Magistrate's Court, Labour Court, Family Court, Executive Magistrate Court, and Juvenile Justice Board.

    • Court procedures relating to summons issuance, conduct money, witnesses' types, evidence recording, and the conduct of doctors in the witness box.

Basics of Forensic Medicine

Definitions

  • Forensic Medicine: The application of medical knowledge to legal issues.

  • Clinical Forensic Medicine: Involves clinical services (diagnosis, treatment) along with legal aspects of patient care.

  • Forensic Pathology: A pathology branch that determines death causes through corpse examination.

  • Medical Jurisprudence: The study of applying scientific and medical knowledge to legal problems.

History of Forensic Medicine

  • Recognized as a specialty in the early 19th century.

  • Emergence of two specialized branches:

    • Forensic Psychiatry: Assesses mental health concerning trial suitability.

    • Forensic Toxicology: Involves evidence related to poisonings and drug use.

Legal Procedures

Key Legal Codes

  • Criminal Procedure Code (CrPC): Main legislation outlining criminal law procedures in India, enacted in 1973.

  • Indian Penal Code (IPC): Defines various criminal offenses.

  • Indian Evidence Act: Enacted in 1872, it provides rules about what constitutes admissible evidence in court.

Legal Cases

  • Civil Cases: Disputes involving money or personal rights between individuals/businesses initiated by a plaintiff against a defendant.

  • Criminal Cases: Prosecutions against individuals for acts that violate state or community laws.

Inquests

  • Police Inquest: Conducted when a police officer learns of a suspicious death; involves notifying executive magistrate.

  • Magistrate's Inquest: Participated by an Executive Magistrate to investigate death circumstances with local inhabitants.

Cognizable vs Non-Cognizable Offences

  • Cognizable Offences: Serious crimes police can investigate and arrest without a warrant.

  • Non-Cognizable Offences: Less serious; usually can't be investigated without a warrant.

Courts in India

Structure of the Judicial System

  • India possesses a unified three-tier judicial system: Supreme Court, High Courts, and subordinate courts.

  • Supreme Court: Headed by the Chief Justice of India (CJI), empowered with original, appellate, and advisory jurisdictions.

Functions of Supreme Court

  • Powers include punishing for contempt, overseeing presidential elections, and appointing ad hoc judges.

  • Judges are appointed by the President after consultation with existing justices.

High Court Powers

  • Has original jurisdiction over significant civil matters and the authority to issue writs to enforce fundamental rights.

Sessions and Magistrate Courts

  • Sessions Court: Handles serious criminal cases; verdicts may require High Court confirmation for capital punishment.

  • Magistrate's Court: Primary venue for criminal cases, with the majority resolved here.

  • Labour Court, Family Court, Juvenile Justice Board: Special courts for respective disputes involving labor, family, and juveniles.

Court Procedures

Summons and Conduct Money

  • Summons: A court order for individuals to appear.

  • Conduct Money: Funds provided to witnesses for attending court, covering travel and accommodation.

Types of Evidence

  • Oral Evidence: Testimony given in court under oath.

  • Documentary Evidence: Physical documents presented for judicial inspection.

  • Res Gestae: Spontaneous declarations made close in time to an event.

Court Witness Procedures

  • Different witness types include common witnesses and expert witnesses who offer professional opinions.

Offenses in Court

  • Contempt of Court: Disrespect or disruption toward court proceedings.

  • Perjury: Deliberate false testimony; punishable by up to seven years in prison under IPC Section 193.

Dying Declaration

  • A statement from a deceased individual regarding the circumstances of their death, admissible under specific conditions related to consciousness of death and competency.