Legal Procedure - 1 PDF

MEDICO-LEGAL SYSTEM  Definition of Inquest It is a primary inquiry or investigation into the cause of death, in cases of all sudden, suspicious & unnatural death. Types of inquest: –Police inquest. –Magistrate inquest. –Coroners inquest. –Medical e...

MEDICO-LEGAL SYSTEM  Definition of Inquest It is a primary inquiry or investigation into the cause of death, in cases of all sudden, suspicious & unnatural death. Types of inquest: –Police inquest. –Magistrate inquest. –Coroners inquest. –Medical examiners system.  Police Inquest It is a type of inquest which is done by an investigating police officer not below the rank of sub-inspector of police. Police inquest is done in all sudden, suspicious & unnatural death except those where magistrate inquest are necessary.  Magistrate Inquest It is the inquest which is done by any categories of magistrate. The conditions where magistrate inquest is mandatory: I. Death in police custody, in police interrogation. II. Death due to police & others law enforcement agencies cross firing. III. Death in prison, police van, reformatories, Borstal school. IV. Death in psychiatric hospital, hospital death under police custody. V. Exhumation. VI. Dowry deaths. VII. When the parties of dead body loss faith over police.  Inquest Report It is a primary inquiry or investigation report into the cause of death, in cases of all sudden, suspicious & unnatural death. Parts of inquest report: 3 parts. a) Head/ preamble. b) Body. c) Tail. a)Head/ preamble: It contains- I) Reference. II) Particulars of the deceased (name, address). b)Body: It contains description of the death & dead body , opinion about the cause, nature & manner of death. c)Tail: It contains signature of the I.O ( investigating officer ). Left side of the body contains signature of the witness at least five. And should be always in uneven number.  Coroner’s Inquest Coroners are the elite person (an advocate, attorney, pleader or first class judicial magistrate with at least five years experience) of the society who are empowered by the government to conduct inquest incase of sudden, suspicious and unnatural death. The inquest which is done by the coroners is known as coroner’s inquest. The process of inquest is prevail in Srilanka & in Mumbai , India.  Medical Examiners System The medical examiners are the board certified or board eligible authorized person. They visit the scene of crime and investigate about the death to find out the cause & nature of death. They also prepare the inquest and conduct autopsy. This is the most reliable medico-legal system as the same person prepare the inquest & conduct the autopsy. So, there is less chance of error. This system is prevail in some part of USA, Canada and Japan.  Chalan It is a government tabulated & printed form containing the information about the deceased and death. It is prepared by IO. Form No. – Bangladesh form no.- 5371. It contains 10 columns to write the information. Which one is more important among chalan & inquest? Answer:- Chalan is more important because , it is a government tabulated & printed form. Medico-legal systems are :- 1. Continental system. 2. Coroner’s system. 3. Medical examiners system. 4. Procurator Fiscal system.  Exhumation Authorized digging out of an already buried body is known as exhumation. Procedure/ rules of exhumation: 1. Requisition from magistrate or court. 2. Identification of the grave yard. 3. Screening of the specific grave in the grave yard. 4. Identification of the grave should be confirmed with full satisfaction before opening the grave. 5. The following persons should be present during exhumation:- i) Magistrate : To prepare inquest. ii) Doctor: To diagnose post mortem artifacts & to conduct autopsy. iii) Police officer: to maintain discipline. 6. The doctor should stand in the direction of the flow of the wind. 7. Soil from above, below & both of the sides of the dead body or coffin should be collected. 8.Before removal of the body from the grave it should be photographed. 9. Identification of the dead body should be confirmed by the relatives or friends. 10.The autopsy should be conducted as usual manner either in the morgue or by the side of the grave with the order of the magistrate. Medico-legal importance or aim of exhumation : ❖ It helps to establish the cause of death. ❖ It helps to establish the nature of death. ❖ It helps to establish identification of the dead body. ❖ Sometimes it helps to recover papers or other documents were buried with the body.  Scene of Crime Definition: It is defined as the scene/ picture, where a crime has been committed, which helps in crime investigation. M/I: To find out the cause of death or injury & also helps to identify the accused. Members of the team: 1. Doctor. 2. Investigating officer. 3. Finger print expert. 4. Photographer. Tools required: 1. Hand gloves. 2. Masks. 3. Magnifying glass. 4. Measuring tape. 5. Ruler. 6. Swab/cotton. 7. Slide. 8. Brush. 9. Chemical thermometer. 10. envelopes. Roles of Forensic pathologist in the scene of crime: ❑ To verify whether crime has been committed or not. ❑ If committed then how it is committed. ❑ to recover , collect and preserve evidences which help to arrest and conviction of the accused.