FMT Indian Legal System & Court Procedure PDF

NEXT LEARNING CENTER [email protected] FMT FMT Chapter 1 = Indian Legal System & Court Procedure ♦ IPC...

NEXT LEARNING CENTER [email protected] FMT FMT Chapter 1 = Indian Legal System & Court Procedure ♦ IPC = Indian Penal Code → Crime & punishment → Total = 511 IPC ♦ CRPC = Criminal Procedure Code → Investigation & judgement → Total = 484 CRPC ♦ Indian Evidence Act = 1872 → Oral >= Documentary ♦ Witness = Types 1. Eye witness = Mc witness 2. Hearsay witness = Not Valid → Exception = Dying declaration 3. Expert witness = Qualified doctor → 45 IEA ♦ Cognizable Offence = → Arrest without warrant under (2c CRPC) → R → Rape R → Ragging R → Rash R → Robbery 1 NEXT LEARNING CENTER [email protected] FMT Chapter 1 = Indian Legal System & Court Procedure ♦ IPC = Indian Penal Code → Crime & punishment → Total = 511 IPC ♦ CRPC = Criminal Procedure Code → Investigation & judgement → Total = 484 CRPC ♦ Indian Evidence Act = 1872 → Oral >= Documentary ♦ Witness = Types 1. Eye witness = Mc witness 2. Hearsay witness = Not Valid → Exception = Dying declaration 3. Expert witness = Qualified doctor → 45 IEA ♦ Cognizable Offence = → Arrest without warrant under (2c CRPC) → R → Rape R → Ragging R → Rash R → Robbery 1 NEXT LEARNING CENTER [email protected] Dowry Death Stalking = Follow Voyeurism = Watch sex ♦ Courts 1. Supreme court COUNTRY- n 2. High court - STATS UNLIMITSD FINE 3. Session court - DISTRICT 4. Additional court 5. Assistant session court 10 years 6. CHSIF JUDICIAL MAGISTRAT IstCLASS 3-783 7. MAGISTRATE - 3yr-10K 8. 2nd CLASS MAGISTRATE - 1..-SK ♦ Inquest – Investigation → COD Police Magistrate → 174 CrPC → 176 CrPC → Min. - Head Constable → Police → Inquest report = Panchnama ↳ Custody BY JUDICIAL MAGISTRATE ↳ Firing ↳ Interrogation → Dowry death Dm> SDM) 2X. MASISTRATE → Exhumation (Digging dead body) 2 NEXT LEARNING CENTER [email protected] ♦ Court Procedure 1. Summon = → aka Subpoena = Under penalty → Wilful disobedience to summon is punishable 1742PC = ↳ Civil Cases = Warrant/ Fine ↳ Criminal Cases = Warrant/ fine/ imprisonment → Priority of Summon = 1. Criminal Court >> Civil Court 2. Higher Court >> Lower Court 3. Equal Status ↳ Attend the 1st one received ↳ Inform the other court ♦ Conduct Money = Diet money ↳ Money paid to the witness towards the expenses in attending court 2. Oath = → Refusal of taking oath = 178 IPC ↳ Perjury = False evidence after taking oath Definition = 191 IPC Punishment 193 IPC → Age = < 12 years no oath required ↳ FALSE DOCUMENT - 197 IPC 3. Examination of Witness → Examination in chief = By same side lawyer → Cross examination = By opposite side lawyer 3 NEXT LEARNING CENTER [email protected] ↳ No Time Limit ↳ Leading question – Yes/ No → Re-examination = By same side lawyer Magistrate can ask any question at any point of time Hostile Witness = → Person who gives false evidence ♦ Dying Declaration Dying Deposition → 32 IEA → India → UK /US st → 1 doctor has to certify composmentis → Who can record? ↳ Magistrate (best) ↳ Always magistrate ↳ Doctor ↳ Police ↳ Public → What is required? ↳ Oath = No Yes ↳ Leading Ques = No Yes ↳ Sign by recorder & 2 witness → Validity? ↳ Only when person dies ↳ Best & valid throughout life ♦ Legal Sections = IPC = Defines an offence Give punishment for offence 4 NEXT LEARNING CENTER [email protected] BODY INJURY I MENTAL INJURY ♦ 44 IPC → Injury PROPERIXINSORX ♦ 45 IPC → Life REPUTATION INJURY ♦ 46 IPC → Death ♦ Criminal Responsibility AGE ♦ 82 IPC → Suicidal → Types = 1. Wet Drowning COD = H2O → Lungs → Cardiac Arrest ↳ Fresh water drowning → Hemodilution ↓ → ↑K+ ↓ → Ventricular Fibrillation ↳ Sea water drowning → Haemoconcentration ↓ → ↑Na+ conc. ↓ → Bradycardia 2. Dry Drowning COD = Laryngospasm. 3. Near Drowning COD = Post drowning complication Ex= Pulmonary Infection, Electrolyte Imbalance etc 4. Hydrocution/ Immersion Syndrome = COD = Cold Water ↓ Touch Epigastrium ↓ Vaso-Vagal Shock 35 NEXT LEARNING CENTER [email protected] → Post-mortem change in drowning ♦ Ante Mortem drowning = 1. Death inside the water → Clenched hand τ some grass particle 2. Lung = Emphysema Aquosum (water in lung’s) Sub Pleural Hemorrhage 3. Mouth & Nose = Mucoid leathery, freathy discharge 4. Trachea = Mud particle seen 5. GIT = Mud + Water 6. Diatoms = Unicellular (+nt in water) → Mc Site = Bone (Femur7Sternum) ♦ Ante Mortem & Post Mortem drowning 1. Washer woman syndrome ↳ Palm & soles [wrinkled, thick] 2. Flotation = Body start floating Winter - 1-2 days Summer - 24 hrs 36 NEXT LEARNING CENTER [email protected] Chapter 7 = Sexual Offences ♦ Natural Sexual Offence → Peno-Vaginal penetration 1. Rape = → 375 D → 396 P [min = 10 years - life imprisonment] → Against her will → Without consent → With consent but age CONSENTTALEN FROM VICTIM-53 CPC ↳♦ Crime Scene = A → Seminal Stain Sperm 10% Semen 90% → Barberio's Test → Lactate Dehydrogenase → Florence Test [most specific test] → Christmas Tree stain -> ACID PHOSPHATE 37 NEXT LEARNING CENTER [email protected] B → Blood Stain Screening Test 1. Benzidine + Peroxidase = Blue (Most Sensitive) 2. Phenopthalin + Peroxidase = Pink (Kastor Mayer Test) 3. OrthoToludine + Peroxidase = Blue-Green Confirmatory Test Spectroscopy > Takayama > Tiechmann (Best) C → For species = Precipitation test CORT3X) M3DULA HUMAN HAIR D - FOR HAIR -> TRICHOLOGY 2. Incest = ANIMAL HAIR m SDULA> CORT3 X → Sex between blood relative → Not punishable in India S ↳ Туре = 1. Oedipus Complex = Sexual relation b/w mother of son 2. Electra Complex = Sexual relation b/w father & daughter 3. Phaoron Complex = Sexual relation b/w brother & sister 3. Adultery = → A male having sex with wife of. another male → Not punishable → Can be a ground for divorce 38 NEXT LEARNING CENTER [email protected] ♦ Unnatural Sexual Offences= → IPC = 377 1. Sodomy Love / Buggery → Peno-Anal Intercourse → Can be between male & female or male & male ↳ Pederasty = Adult with (active) having sex with male child (passive) → Active adult male = Pedarast → Passive male child = Catamite 2. Lesbianism or Tribadism → Female having sex with female ↳ Active female = Botch/ Dyke ↳ Passive female = Femme 3. Buccal Coitus (Oral Sex) → Also k/as sin of Gomorrah ↳ Fellatio = Oral stimulus of penis ↳ Cunnilingus = Oral stimulus of vagina 4. Bestiality → Sex with animals ♦ Sexual Perversions = → Penetration is absent but person achieves sexual gratification by any other method (not by intercourse) 1. Sadism = Person enjoys giving pain 2. Masochism = Person enjoys suffering pain 3. Frotteurism 39 NEXT LEARNING CENTER [email protected] Person enjoys touching part of female private - 4. Fetichism Person enjoys with objects related to female - 7 5. Transvestism (Eonism) → Person enjoys wearing opposite sex clothes 6. Exhibitionism = IPC 294 → Person enjoy’s by showing his private parts in public ↳ Flashing = person suddenly shows genitalia ↳ Mooning = person shows gluteal region ↳ Streaking = person running naked 7. Voyeurism /scopto philia / peeping tom → Person enjoy watching private acts of female → IPC = 354 C 8. Necrophilia = IPC 297 - → Person enjoy having sex with dead body 9. Necrophagia = IPC 297 > → Person enjoy eating dead body 10. Coprophilia → Person enjoy by watching or by having smell of feces 11. Urophilia → Person enjoy by watching or by having smell of urine 12. Masturbation → Person enjoy shaking his own. penis 13 Bobbit Syndrome → Male Genitalia is amputation by female - 14. Scatologia → Mobile sex 40 NEXT LEARNING CENTER [email protected] Chapter 8 = Medical Jurisprudence → MCI Act 1956 ↳ Schedule 1 = IMG ↳ Schedule 2 = FMG → Medical Ethics Doctor - Patient relationship Doctor – Doctor relationship Doctor - Society relationship ↳ Violation of Medical Ethics = Punishable [State Medical council] Simple case Severe case ↓ ↓ Only warning is given Penal erasure 1. Temporary 2. Permanent [Professional death sentence] ↳ Confirmed by MCI/ NMC ↓ Person can appeal to health ministry ♦ Consent = Agreement/ Permission ↳ Types 1. Expressed consent Oral Written 2. Implied Consent Consent given by means of gesture 41 NEXT LEARNING CENTER [email protected] 3. Blanket/ open consent Getting consent for all the procedures Illegal in India Q Best Consent = Written & informed consent ↳ Consent is not needed in 1. Emergency [Life threatening] 2. Unexpected emergency during sx. ↳ Who can give = = Minimum age = 12 years = Consent for any major procedure = 18 years ♦ Medical Negligence = IPC 304-A Types= 1. Civil Negligence → Simple mistake result in damage Ex = Wrong Prescription Punishment = Money for compensation · BURDEN PATIENT PROOF OF 2. Criminal Negligence → Gross mistake results in damage Ex = Doing wrong Sx Doing Sx on wrong pt. Burden of proof lies on · pt.DOCTOR 42 NEXT LEARNING CENTER [email protected] ↳ Resipsaloquitur = Thing's as facts speaks for themselves Ex = Retained F.B in cavity Punishment = Imprisonment ± Fine ↳NOVUS -ACTUS PROVE INTERVISNISNS: MEDICAL NEGILIGENCE 3. Contributory Negligence → Doctor & patient responsible Ex = Rx not taken. Advice not followed Punishment = Depends on contribution Burden of proof lies on doctor ↳ RESINDICATA-CASE FILLED WITHIN 2YEAR'S ♦ Vicarious Liability = → Superior is respondent 43 NEXT LEARNING CENTER [email protected] Chapter 9 = Impotency, Abortion & Virginity ♦ Impotency = Inability of a person to achieve & maintain penile erection Mcc = Psychological > VASCULOGENIC ↳ Type = 1. Quad = Impotency towards particular woman 2. Frigidity = Cold female Female impotency → Strong ground for divorce 3. Sterility = Inability to produce children seen in both male & female ♦ Virginity = → Person who has not experienced sexual intercourse → Mc type of vagina = Semilunar/ crescentic → Defloration = Loss of virginity → False Virgin = Intact hymen after inter-course. → Mc site of ruptures = ↳ Due to penetration = Postero Lateral ↳ Due to masturbation = Anterior ♦ Super Fecundation = → 2 Ova fertilized in same ovulatory cycle by 2 separate acts of coitus ♦ Super Fetation = → 2 Ova fertilized in two ovulatory cycles 44 NEXT LEARNING CENTER [email protected] ♦ Legitimate Child = → Child born during legal marriage ♦ Suppositious Child = [Fictitious child] → Female shows pseudo-pregnancy to claim money or to black mail ♦ Posthumous Child → Child born after death of father ♦ MTP = Act · 1971 ↳ Indication = 1. Therapeutic → Risk of physical/ mental injury to mother 2. Eugenic → Exposure to X-Ray, tetratogenic drugs 3. Humanitarian → Rape 4. Socio Economic → Failure of contraception ↳ When = 20 weeks -Y = Only done in ·A emergency CASES WITH REVISW OF MEDICAL BOARD ↳ Who ↳ = 12-20 Week → Diploma/ degree in OBG → 1 year experience in OBG dept. = < 12 week M → Done 25 cases of MTP 45 NEXT LEARNING CENTER [email protected] Chapter 10 = Toxicology → Toxicology = Study of poison → Father = Mathew Orifilla ♦ Ophiology = Study of snake 1. Cobra - F.D = 12mg F.D = 6mg Neuro Toxic Pt in coma Reside V Rx = Neostigmine (Neurotoxi c) + Anti Snake Venom = 3. Viper Shock and Haemmornage → Vasculotoxic - → Triangular Head ↳ Types = Russel viper, Saw scale viper 4. Sea Snake → Myotoxic => 46 NEXT LEARNING CENTER [email protected] → Mc-Cause of death in snake = Fear due to bite → Rx = R - Reassure I - Immobilise G - Go To H - Hospital T – Treatment → Anti-Snake venom is given in ↳ Cobra ↳ Common Krait BITE ↳ Russel Viper ↳ Saw Scale Viper ♦ Poisonous Non-Poisonous 2 Fangs Mouth Small teeth 2 Puncture mark Bite mark Multiple teeth bite mark ♦ Plant Toxin = MOA = RBC Agglutination No. of seeds as fatal dose Name 1 Strichnine 4 Jamalgota/Nepala 10 Castor /Arandi 100 Datura ↳ Strychnine = Nux Vomica FD = 1 Mimics = Tetanus 47 NEXT LEARNING CENTER [email protected] ↳ Mc Osphisthonus (Hyper extension of back) COD = R/S Muscle paralysis Antidote = Diazepam ↳ MOA-GABA ↳ Datura → Makes person sleepy → Mc road side/ railway poison → 9D poison expect diarrhoea ↳ Types Datura Alba = White Datura Datura Niger = Black Datura Datura Stramonium = Throne Apple ↳ Antidote = Physostigmine ↳ MOA Ach ESRASS = ↳ Rye = → Poison → Ergot C/F = Inflammation of palm & soles Tactile Hallucination [Feels like insect on ·DDDD faculty] ↳ Chilly Seed = Ds = Dermatitis ↳ Hunan Hand 48 NEXT LEARNING CENTER [email protected] ↳ Cannabis Sativa MOA = CNS Stimulant Active Form = Tetra Hydro Cannabinol Products = ↳ Marijuana From any part of plant ↳ Bhang From dried leaves/stem Burnt rope smell ↳ Ganja From dried flowers of female plant Run amoke (Run & kill, homicide, suicide) ↳ Amotivational syndrome ↳ Opium = k/as AFIM = FROM PAPAVER SOMNIFRUM Antidote = Naltrexone (oral) Naloxone (systemic) Type Afim = ↳ Opiate = Morphine, Cocaine ·N ↳ Opoids = Heroine ↳ k/as = Smack, Brown Sugar ↳ Cocaine # → k/as White Lady → Obtained from Cocca Leaves → S/S = Magnum symptoms → Taken as = Smoking Snorting 49 NEXT LEARNING CENTER [email protected] → C/F = Black Teeth Black Tongue FD = 1-2gm - → Antidote = Amyl nitrite ♦ Speed Ball = Heroine + Cocaine ♦ Mc substance abuse in India = ·ACO Alcohol ♦ Mc substance used in India = FINE Tobacco ↳ Carbon Monoxide Poisoning Rx = Hyper Baric O2 VITAMIN E ♦ Ideal Homicidal Poison = Thallium ♦ Ideal Suicide Poison = Cyanide ↳ Arsenic = Mimic Cholera C/F = Subendo Cardial Hemorrhage & Aldrich Mee Line → White Nail Garlic smell I GOLDSN HAIR., GUTISTTEST DX - -- Ad. = BAL [BRITISH ANTI-LSWSITE] Red Velvety Mucosa GRAIN DROP PIMENTATION Ds Black Foot Disease F.D = 100-200mg ↳ Cyanide= alRas-PRUSSIC ACID → Ideal poison for suicide → Bitter almond smell 50 NEXT LEARNING CENTER [email protected] → Antidote = Amyl Nitrate Vit B12 O ♦ Mc poison used for suicide in India = Insecticide ↳ ORGANOPHOSPHATE ↳ ALAALINE PHOSPHATS [CELPHOS] ↳ Organophosphate = MOA = -ve Acetyl Choline Esterase = Effects = ↑ Para Sympathetic Ad = Atropine + Oxime ♦ Poisoning = 1st Start Rx 2nd Inform Police Rx = Gastric Lavage (Ewald Tube) C.I of Gastric Lavage ↳ Corrosive ↳ Kerosine Activated Charcoal PUYSKAL = ANTIDOTE ↳ Metal Chelating Agent 1. BAL = British Anti Lewsite n. IRON TONCITY C.I in Iron & Cadmium Poisoning Ad - DESFERROXAMINE 2. Penicillamine = → Ad = Copper Poisoning → C.I = Arsenic 3. EDTA = → Ad. = Lead Poisoning → C.I = Mercury 51 NEXT LEARNING CENTER [email protected] PRESERVATIVE I SAMPLE 4. Haemodialysis = NoF BLOOD C.I = In K- Kerosine · · URING TOLUSNE B - Benzodiazepine · SOLID ORGAN RECTIFIED SPIRIT) SVISCERAL] COMMON SALT C - Copper Sulphate · HISTOPATH OF FORMALIN Heroine ORGAN · VROLOGY OF GLYCERING ORGAN ↳ Phosphorus White Red → Diwali Poison → Side of Match Box → Toxic → Non-Toxic → Smell +ve -ve → Garlic Smell Ad = CuSO4 + VIT.K ↳ CuSO4 (Copper Sulphate) C/F = Prossy Jaw Hand Tremor · SMOKING STOOL SYNDROMS ↳ Mercury = → Minimata Ds - Japan ↳ Mercuria Lentis = LENS Mg IN ANT. CAPSULE OF # → Acrodynia = Pink Disease → Matter Shake/ Glass Blower Shake → Erithism = Person Become Shy & DEPRESSED Ad = BAL 52 NEXT LEARNING CENTER [email protected] ↳ Lead Poisoning = Plumbism S/S → Burtoli an line = Blue line on gums → Basophilic stripling = Blue line in RBC → Constipation → Wrist or foot drop A.D = EDTA ↳ Ethanol Poisoning → Driving limit = 30mg % → Blood Conc. Symptom ↳ 80 mg% Nystagmus ↳ 150 mg% Motor Incordination ↳ 400 mg% Coma, Death Test = - ·x Drunkometer TU ANALYSER TEST - Chromatography Mc Ad-FOMEPIOLC MOA-GALCOHOL BEHYDROGENASE ↳ Methanol FD = 80-120ml Snow Field Vison TOC = Hemodialysis A·D = Ethanol MOA- ALCOHOL DEADROGENASE ↳ Corrosive Poison = Acid < Alkali Coagulatical Necrosis Liquefaction Necrosis 53 NEXT LEARNING CENTER [email protected] A. Oxalic Acid = Ink Remover Ad = Ca++ Gluconate TT = Wall Scraping C/F = Coffee White Vomitum B. H2SO4 = Sulphuric Acid ↳ Strongest Acid → Black Colour Mucosa ORLAN → Chalky White Teeth Ad = MgO (Magnesium Oxide) ♦ Poison Smell H2S (Hydrogen Sulphide) Rotten Egg Ethanol Fruity Nitrobenzene Shoe polish smell Hamlok (Nerve Poison) Carrot like smell ♦ Drug Smuggling= 1. Body Packer Syndrome → Drug packed in polythene or condom & person swallow it. 2. Body Stuffer Syndrome → Drug packed in polythene or condom & it is packed in cavity like anal canal, vagina 54 ⑭ Last Minute Revision Iron overdose - Deferoxamine