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Questions and Answers
Who is the Honorary Professor of Forensic Medicine at S.V.S. Medical College, Mahabubnagar [AP]?
Dr. K.S. Narayan Reddy
In which year was the Thirtythird Edition of 'The Essentials of Forensic Medicine and Toxicology' published?
Dr. K.S. Narayan Reddy was the Retired Principal of Osmania Medical College in Hyderabad.
True
Who is the Additional Professor of Forensic Medicine at All India Institute of Medical Sciences, New Delhi? Dr. O.P. ________
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What is the difference between forensic medicine and medical jurisprudence?
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Medical ethics guides the moral principles of individuals in the medical profession.
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What is the role of a doctor in forensic medicine when appearing in Court of law?
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The medicolegal expert should remain _______ when providing expert testimonies.
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What does the Indian Evidence Act, 1872 deal with?
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In an inquest, _________ is conducted in cases of suicide, murder, killing by an animal or machinery, accidents, deaths due to torture or ill-treatment, and other suspicious deaths.
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Juvenile courts in India try offences committed by individuals below the age of 18 years.
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What is the purpose of a subpoena in a court of law?
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What are the various methods of carrying out death sentences?
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In criminal cases, a witness can be charged with contempt of court if they fail to attend and give evidence.
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Conduct money is the fee offered or paid to a witness in _______ cases.
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Who can legally issue a death certificate in India?
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What are the three things needed for success according to the text?
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Medicine is an exact science with no room for uncertainty.
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Unexpected results in forensic medicine are produced due to biological _____.
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Who is considered the 'Father of Western Medicine'?
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Study Notes
Forensic Medicine and Its Scope
- Forensic medicine is the application of medical and paramedical knowledge to aid in the administration of justice.
- It deals with medical aspects of law, particularly in deciding cases of injuries, murder, suicide, accidents, sexual offences, poisoning, etc.
- Forensic medicine is used by legal authorities for the solution of legal problems.
Medical Jurisprudence
- Medical jurisprudence deals with legal responsibilities of physicians, particularly those arising from physician-patient relationships.
- It covers medical negligence cases, consent, rights and duties of doctors, serious professional misconduct, medical ethics, etc.
Forensic Pathology
- Forensic pathology deals with the study and application of the effects of violence or unnatural disease on the human body.
- Its primary goal is to determine the cause and manner of death in cases of violence, suspicious, unexplained, unexpected, or sudden and medically unattended deaths.
Medical Ethics
- Medical ethics deals with moral principles guiding medical professionals in their dealings with each other, patients, and the State.
- It emphasizes honesty, confidence, and respect for humanity.
Role of Doctors in Court
- A doctor may be called to testify as an ordinary witness, medical practitioner, or expert witness.
- As an expert witness, a doctor must be honest, objective, and free from emotional influences.
- Doctors should prepare well for Court appearances and strive to achieve respect, understanding, and credibility.### Introduction to Forensic Medicine
- Forensic medicine is a science that requires the application of medical knowledge to aid in the administration of justice.
- The medicolegal expert is not a detective, but rather a specialist who provides information to the police to help solve crimes.
- The role of the medical expert is to furnish specific information to the police on matters of which they have specialized knowledge.
Attributes of a Physician
- The attributes of a physician are: caution, foresight, and wisdom.
- A physician should develop a fair understanding, satisfactory appraisal, and high index of awareness of the medical, philosophical, and legal problems related to the determination of the manner of death.
Importance of Observations
- The power of observation is essential for a physician to gather information and make inferences.
- There is no substitute for basic intelligence and clinical competence in the practice of forensic medicine.
Medicolegal Practice
- Medicolegal practice requires knowledge, skills, and attitudes.
- The skills needed are: clinical, precision in recording findings, ability to present findings in a clear and concise manner, and attitudes such as proper respect for the patient and objectivity in recording findings.
History of Forensic Medicine
- The relationship between medicine and law dates back to the earliest times and is tied to religion, superstition, and magic.
- The Charaka Samhita (around 7th century B.C.) lays down an elaborate code regarding training, duties, privileges, and social status of physicians.
- Paulus Zacchias is considered the Father of Legal Medicine and Father of Forensic Psychiatry.
Indian Legal System
- The Indian Penal Code (I.P.C.), 1860, deals with substantive criminal law of India and defines offenses and prescribes punishments.
- The Criminal Procedure Code (Cr.P.C.), 1973, provides the mechanism for punishment of offenses against the substantive criminal law.
- The Indian Evidence Act (I.E.A.), 1872, deals with the law of evidence and applies to all judicial proceedings in any court.
Legal Procedure
- An inquest is an inquiry or investigation into the cause of death.
- There are two types of inquests: police inquest and magistrate's inquest.
- A police inquest is conducted by the officer-in-charge of a police station.
- A magistrate's inquest is conducted by a district magistrate, sub-divisional magistrate, or any other executive magistrate.
- The Supreme Court is the highest judicial tribunal in India, and the High Court is the highest tribunal for a state.
Autopsies and Postmortem Examinations
- Autopsies can be conducted only with the permission of the State Government.
- Private medical institutions can undertake medicolegal examination and treatment of the living, but not autopsies.
- Postmortem examinations are conducted by authorized government doctors to determine the cause of death.### Criminal Courts and Proceedings
- The Sessions Court is established by the State Government and is usually located at the district headquarters.
- It can only try cases which have been committed to it by a Magistrate.
- It can pass any sentence authorised by law, but a sentence of death passed by it must be confirmed by the High Court.
- The Assistant Sessions Court can pass a sentence of imprisonment up to ten years and unlimited fine.
Magistrates' Courts
- Magistrates are of three types: Chief Judicial Magistrate, First Class Judicial Magistrate, and Second Class Judicial Magistrate.
- In metropolitan cities with more than one million population, the Chief Judicial Magistrate and First Class Judicial Magistrate are designated as Chief Metropolitan Magistrate and Metropolitan Magistrate respectively.
Inquests
- There are two types of inquests: Coroner's Inquest and Medical Examiner's System.
- Coroner's Inquest is a type of inquest conducted in the UK, some States in the USA, and some other countries, but not in India.
- Medical Examiner's System is a type of inquest conducted in most States in the USA, Japan, Canada, etc. but not in India.
Juvenile Courts
- Juvenile Courts are established based on the theory that children differ mentally from adults.
- They try offences committed by juveniles (below the age of 18 years).
- WHO considers children to be human beings below the age of 18 years.
Offences
- An offence is an act or omission made punishable by any law.
- Offences are classified as (1) Bailable and (2) Non-bailable.
- In bailable offences, the court cannot refuse bail and the police cannot keep the person in custody.
Cognisable Offences
- A cognisable offence is an offence in which a police officer can arrest a person without warrant from the magistrate.
- Examples of cognisable offences include rape, murder, dowry death, ragging, death due to rash or negligent act, etc.
Punishments
- The sentences authorized by law are:
- Death
- Imprisonment for life
- Imprisonment: (a) rigorous, i.e., with hard labour, including solitary confinement, and (b) simple
- Forfeiture of property
- Fine
Subpoena or Summons
- A subpoena is a document compelling the attendance of a witness in a Court of law under penalty.
- It may also require the witness to bring with him any books, documents, or other things under his control.
- It is issued by the Court in writing, in duplicate, signed by the presiding officer of the Court and bears the seal of the Court.
Medical Evidence
- Evidence means and includes all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry.
- All documents produced for the inspection of the Court.
- Medical evidence is an opinion which is corroborative.
- Types of evidence:
- Documentary: includes all documents produced for the inspection of the Court.
- Oral: includes direct and indirect evidence.
Medical Certificates
- Medical certificates refer to ill-health, insanity, age, death, etc.
- They are accepted in a Court of law, only when they are issued by a qualified registered medical practitioner.
- The certificate should contain exact nature of illness, and probable period of expected absence.
- The doctor should retain a duplicate of the certificate issued for 2 years.
Death Certificate
- A death certificate should be issued by a doctor without charging fee, if a person whom he has been attending during his last illness dies.
- The certificate should not be issued by a doctor without inspecting the body and satisfying himself that the person is really dead.
- The certificate should not be delayed, even if the doctor's fees are not paid.
- Issuing or signing a false certificate is punishable under Section 197, I.P.C.
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Description
Test your knowledge of forensic medicine and toxicology with this comprehensive quiz. Covers essential concepts and principles of forensic medicine and toxicology. Useful for medical students and professionals.
