Sec 44 , Sec 45 ,Sec 46 IPC Sec 51 IPC Sec 82 ,Sec 83 ,Sec 84 IPC Sec 53(1) CrPC - Examination of accused by medical practitioner at the request of police officer Sec 174 CrPC - Police to enquire and report on suicide, etc. Sec 176 Cr PC - Inquiry by Magistrate into cause of death. Sec 87 IPC Sec 90 IPC Sec 176 IPC Sec 177 IPC Sec 204 IPC Sec 299 IPC Sec 300 IPC Sec 302 IPC Sec 304 , Sec 304-A & Sec 304-B IPC, Sec 307 IPC Sec 312 – 318 IPC Sec 319 IPC Sec 326 IPC Sec 326 B IPC Sec 320 IPC Sec 354 IPC Sec 375 - 377 IPC Sec 497 IPC

1. IMPORTANT
SECTIONS IN
FORENSIC MEDICINE
Dr Arun Pinchu Xavier
Assistant Professor
Dept of Forensic Medicine
Sree Mookambika Institute Of Medical Sciences

2. INDIAN LEGAL SYSTEM
• Medical Jurisprudence embraces all medical issues affecting social
rights/obligations of the individual as well as the doctors and brings the medical
practitioner in contact with the law.
Thus, medical jurisprudence deals with the legal aspect of medical practice
• Forensic Medicine deals with the application of the principles and knowledge of
medical science along with circumstantial evidence ,to legal investigations and
proceedings in court of law in the administration of justice.
Thus, forensic Medicine deals with the application of medical and paramedical
knowledge towards administration of justice.

3. • It’s a comprehensive code that covers all aspects of criminal law in India.
• It defines the different offences and prescribes the corresponding
punishments that are awarded by the Indian courts of law.
• The Indian Penal Code of 1860, its been sub-divided into 23 chapters,
comprises 511 sections.

4. • Sec 44 , Sec 45 ,Sec 46 IPC
• Sec 51 IPC
• Sec 82 ,Sec 83 ,Sec 84 IPC
• Sec 87 IPC
• Sec 90 IPC
• Sec 176 IPC
• Sec 177 IPC
• Sec 204 IPC
• Sec 299 IPC
• Sec 300 IPC
• Sec 302 IPC
• Sec 304 , Sec 304-A & Sec 304-B IPC,
• Sec 307 IPC
• Sec 312 – 318 IPC
• Sec 319 IPC
• Sec 326 IPC
• Sec 326 B IPC
• Sec 320 IPC
• Sec 354 IPC
• Sec 375 - 377 IPC
• Sec 497 IPC

5. Sec 44 IPC - INJURY
• The word “injury” denotes any harm whatever illegally caused to any person, in
body, mind, reputation or property.
Sec 45 IPC – LIFE
• Life denotes life of a human being ,unless the contrary appears from the content
Sec 46 IPC – DEATH
• Death denotes death of a human being ,unless the contrary appears from the
content
Sec 51 IPC – OATH & SOLEMN AFFIRMATION

6. Sec 82 IPC – Child under 7 years is not criminally responsible
Sec 83 IPC – Child between 7-12 years is not criminally responsible if not attained
proper maturity
Sec 84 IPC - Act of a person of unsound mind
• Nothing is an offence which is done by a person who, at the time of doing it, by
reason of unsoundness of mind, is incapable of knowing the nature of the act, or
that he is doing what is either wrong or contrary to law.

7. Laws relating to consent
• Sec 87 IPC – Person >18 years can give consent for invasive procedure
• Sec 90 IPC – defines Invalid consent
A Consent becomes invalid –:
➢when obtained out of fear of injury
➢Under the misconception of facts
➢Unsoundness of mind ,Under the influence of alcohol
➢Below the age of 12 years
Sec 13 Indian Contracts Act- Definition of Consent
• Two or more persons are said to consent when they agree upon the same thing in
the same sense

8. Sec 176 IPC –
• omission to give notice/information to public servant by person legally bound to give it
• Imprisonment up to 1 month /fine up to 500 or both
Sec 177, IPC –
• furnishing false information
• Imprisonment up to 6 months /fine up to 1000 or both
• Sec 204 IPC –Destruction of documents or electronic record to prevent its
production as evidence

9. • Sec191 IPC - Giving false evidence- PERJURY
• Sec 192 IPC - Fabricating false evidence.
• Sec 193, IPC - Punishment for false evidence
Judicial proceedings up to 7 years imprisonment
Any other case – up to 3 years
• Sec 197 IPC - Issuing or Signing False Certificate

10. Sec 201 IPC
• Causing disappearance of evidence of offence ,or giving false information to screen
offender
Sec 202 IPC
• Intentional omission to give information of offence by person bound to inform
• Up to 6 months of imprisonment or fine or both
Sec 269 IPC
• Negligent act likely to spread infection of disease ,dangerous to life
• Up to 6 months of imprisonment or fine or both
Sec 270 IPC
• Malignant act likely to spread infection of disease ,dangerous to life
• Up to 2 months of imprisonment or fine or both

11. OFFENCES AFFECTING LIFE
• Sec 299 IPC – Culpable homicide
• Sec 300 IPC – Murder (Culpable homicide not amounting to murder)
• Sec 302 IPC – Punishment for murder -Death sentence / life imprisonment + fine
• Sec 304 IPC – Punishment for culpable homicide not amounting to murder
• Sec 307 IPC – Attempt to murder

12. Sec 304-A IPC - Causing death by negligence
• "Whoever causes the death of any person, by doing any rash or negligent act not
amounting to culpable homicide shall be punished with imprisonment for a term
which may extend to two years or with fine, or with both.
Sec 304-B, IPC - DOWRY DEATH
• Where the death of a woman is caused by any burns or bodily injury or occurs
otherwise than under normal circumstances within 7 years of her marriage and it is
shown that soon before her death she was subjected to cruelty or harassment by
her husband or any relative of her husband for, or in connection with, any demand
for dowry, such death shall be called “dowry death”, and such husband or relative
shall be deemed to have caused her death.
• Minimum 7 Years but which may extend to imprisonment for life

13. Sec 312 IPC
• Whoever voluntarily causes a women for criminal abortion, imprisonment up to 3
years +/- fine
• May extent to 7 years if women is quick with child
Sec 313 IPC
• Causing miscarriage without consent, whether the women is quick with the child
or not imprisonment may be extended to 10 years and shall be liable for fine
Sec 314 IPC
• Death of women caused by act done with intent to cause miscarriage, min
punishment 10 years and life imprisonment for an act done without consent

14. Sec 315 - IPC
• Act done with intent to prevent child from being born alive or cause it to die after
birth
Sec 316 - IPC
• Causing death of a quick unborn child by act amounting to culpable homicide
Sec 317 - IPC
• Abandonment of child under 12 years , by parent or person having care of it
SEC 318 IPC
• Concealment of birth by secret disposal of dead body
• Punished with imprisonment up to 2 years +/- fine

15. Sec 319 IPC – HURT
• Whoever causes bodily pain disease or infirmity to any person is said to cause
hurt
Sec 326 IPC -Voluntarily causing grievous hurt by dangerous weapons or means
• Imprisonment up to ten years and also fine.
• Dangerous weapons or means include any instrument for shooting, stabbing or
cutting or any instrument, which used as a weapon of offence, is likely to cause
death; fire or any heated substance; poison or any corrosive substance; explosive
substance or any substance which is harmful to the human body to inhale, to
swallow, or to receive into the blood or by means of any animal.
Sec 326 B IPC - Voluntarily throwing or attempting to throw acid.
• Imprisonment of not less than five years and also fine

16. Sec 320 IPC - GRIEVOUS HURT.
The following kinds of hurt only are designated as “grievous”:
1. Emasculation.
2. Permanent privation of the sight of either eye.
3. Permanent privation of the hearing of either ear.
4. Privation of any member or joint
5. Destruction or permanent impairing of the powers of any member or joint.
6. Permanent disfiguration of the head or face.
7. Fracture or dislocation of a bone or tooth.
8. Any hurt which endangers life or which causes the sufferer to be during the
space of twenty days in severe bodily pain, or unable to follow his ordinary
pursuits.

17. Sec 354 IPC – Indecent assault
• Whoever assaults or uses criminal force to any woman, intending to outrage or
knowing it to be likely that he will there by outrage her modesty, shall be punished
with imprisonment of either description for a term which shall not be less than one
year but which may extend to five years, and shall also be liable to fine.

18. Sec 375 IPC – DEFNINITION OF RAPE
A man is said to commit “rape” if he—
a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a
woman or makes her to do so with him or any other person; or
b) inserts, to any extent, any object or a part of the body, not being the penis, into
the vagina, the urethra or anus of a woman or makes her to do so with him or
any other person; or
c) manipulates any part of the body of a woman so as to cause penetration into the
vagina, urethra, anus or any part of body of such woman or makes her to do so
with him or any other person; or
d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so
with him or any other person,
under the circumstances falling under any of the following seven
descriptions:

19. 1. Against her will.
2. Without her consent.
3. With her consent, when her consent has been obtained by putting her or any
person in whom she is interested, in fear of death or of hurt.
4. With her consent, when the man knows that he is not her husband and that her
consent is given because she believes that he is another man to whom she is or
believes herself to be lawfully married.
5. With her consent when, at the time of giving such consent, by reason of
unsoundness of mind or intoxication or the administration by him personally or
through another of any stupefying or unwholesome Substance, she is unable to
understand the nature and consequences of that to which she gives consent.
6. With or without her consent, when she is under 18 years of age.
7. When she is unable to communicate consent.

20. Sec 376 IPC - Deals With Punishment For Rape
376 - 1 , 2 , 3
A - Rape + injury – death /PVS
AB - Rape under 12 years
B – Marital rape
C – Rape by a person in authority
D – Gang rape
DA - Gang rape under 16 years
DB - Gang rape under 12 years
E – repeat offenders

21. .
376 (1)
1. Whoever, except in the cases provided for by sub-section (2).
• Imprisonment for term not less than 7 years, but it may be extend up to life
imprisonment and also fine
Sec-376 (2)
a) When POLICE OFFICER commits rape within the limits of his:
• Jurisdiction
• Custody
• Premises of any station.

22. b) Rape By Public Servant With The Woman In His Custody.
c) Rape By Person Of Member Of Armed Forces In The Area By Virtue Of
Development By Central Or State Government.
d) Rape By Person Of Management Or Other Place Staff Of A Jail Or Remand
Home On Inmate Of Such Jail Or Remand Home Or Place Or Institution.
e. Person Of Management Or On The Staff Of A Hospital Committing Rape On
A Person In That Hospital.
f. Being A Relative, Guardian Or Teacher Of Or Person In A Position Of Trust Or
Authority Towards The Person Commits Rape On That Person.

23. g. commits rape during communal or sectarian violence
h. commit rape on a pregnant women
i. commit sexual assault on a person of under 18 years of age.
j. commit sexual assault where person assaulted is incapable of giving consent.
k. being in a position of economic or social dominance commit sexual assault on
a person under such dominance.
l. commit sexual assault on a person suffering from mental or physical disability.

24. m. While Committing Sexual Assault Causes Grievous Body Injury Or Disfigures
Or Endangers The Life of a person.
n. Commits Persistent Sexual Assault.
➢ Will be punished for 10 years imprisonment which may extend to life
imprisonment and also be liable for fine

25. 376-2
P2 A J H T S P 18 C D2 G P
• Poor Patients @
• A J Hospital
• Trust
• Scientific
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• since 18 years
• happening at Casualty & Dentistry Department
• run by General Practitioners

26. Sec-376 (3)
Whoever commits rape on a girl under 16 years of age shall be punished with
rigorous imprisonment for a term not less than twenty years, which may extend to
imprisonment for life, which means imprisonment for that persons natural life and
shall be liable to pay a fine.

27. Sec 376 (A) - Punishment for causing death or resulting in persistent
vegetative state of victim.
 Whoever commits an offence punishable under section (1) or sub-section (2)
of section 376 and in the course of such commission inflicts an injury causes
death or cause the person in persistently vegetative state.
Imprisonment for not less than 20 years extend up to life imprisonment,
means imprisonment for the remainder of that persons natural life / with
death.

28. 376 AB
Whoever commits rape on a girl under 12 years of age shall be punished with
rigorous imprisonment for a term not less than twenty years, which may extend to
imprisonment for life, which means imprisonment for that persons natural life and
shall be liable to pay a fine or with death .
Sec 376 (B) - Sexual intercourse by husband upon his wife during
Separation - Marital Rape
 Whoever commits sexual assault on his own wife, who is living separately under
a decree of separation, without her consent.
• Punishment:
Imprisonment for not less than 2 years, but may extend up to 7 years & fine.

29. Sec 376 (C) - Sexual intercourse by a Person in authority
a) A person being in a position of authority or in a fiduciary relationship.
b) A public servant
c) Superintendent or a manager of a jail, remand home or other place of custody
or a women’s or children institution.
d) A person being a management of the hospital or the staff of hospital.
 Punishment: Imprisonment for 5 years may extend up to 10 years & fine.

30. Sec 376 (D) - GANG RAPE
Where a woman is raped by one or more persons constituting a group or acting
in furtherance of a common intention, each of those persons shall be deemed to
have committed the offence of rape.
Punishment:
Rigorous imprisonment for a term which shall not be less than twenty
years, but which may extend to life imprisonment and with fine.

31. Sec 376 DA
Where a girl under 16 years is raped by one or more person constituting a group or
acting in furtherance of a common intention, each of those shall be deemed to have
committed the offence of rape and shall be punished with imprisonment for life,
which shall mean imprisonment for the remainder of that persons natural life and
with a fine
Sec 376 DB
Where a girl under 12 years is raped by one or more person constituting a group or
acting in furtherance of a common intention, each of those shall be deemed to have
committed the offence of rape and shall be punished with imprisonment for life,
which shall mean imprisonment for the remainder of that persons natural life and
with a fine, or with death.

32. Sec 376 (E)- Punishment for repeat offenders
Whoever has been previously convicted of an offence punishable under section
376 or section 376 (A) or section 376(D) and is subsequently convicted of an
offence punishable under any of the said sections.
Shall be punished with imprisonment for life, imprisonment for reminder of
that persons natural life or with death.

33. Sec 377 IPC – UNNATURAL SEXUAL OFFENCES.
• Whoever voluntarily has sexual intercourse against the order of nature with any
man, woman or animal, shall be punished with imprisonment for life, or with
imprisonment of either description for a term which may extend to ten years, and
shall also be liable to fine.
• These offences include sodomy ,buccal coitus and bestiality.
• Finally in Sept 2018 SC passed a judgement decriminalising consensual sex
between two adults of same sex but if anal sex committed by man with
a women ,it will fall under ambit of section 375

34. Sec 497 IPC - ADULTERY
 Until recently adultery was a criminal offence
 In Sept 2018,a bench of SC unanimously struck down Sec 497,decriminalizing
adultery.
In their verdict ,5 judge bench said that the 158 year old law was unconditional
and violated the articles
• 14 - Right to equality,
• 15 - Prohibition of discrimination on grounds of race caste sex or place of birth ,
• 21- Right to life and personal liberty ,of the constitution.

35. • It is a set of laws that define the investigation of a crime and the procedures
for the investigation and trial of different criminal offences.
• Criminal Law deals with offences which are considered to be against the
public interest, such as offences against the person, property, public safety,
security of the State, etc.
Here the State is a party represented by public prosecutor, and the accused is
the other party.
,1973

36. • Sec 53(1) CrPC - Examination of accused by medical practitioner at the request
of police officer
• Sec 174 CrPC - Police to enquire and report on suicide, etc.
• Sec 176 Cr PC - Inquiry by Magistrate into cause of death.

37. Sec 53(1) CrPC - Examination of accused by medical practitioner at the
request of police officer
1.When a person is arrested on a charge of committing an offence a registered
medical practitioner, acting at the request of a police officer not below the rank of
sub-inspector, can proceed with examination even without his consent and he can
use reasonably necessary force for that purpose.
2.Whenever the person of a female is to be examined under this section, the
examination shall be made only by, or under the supervision of, a female
registered medical practitioner

38. Sec 174 CrPC - Police to enquire and report on suicide, etc.
• Common type of inquest ,Police officer making inquest is called investigating
officer.
• When he comes to know about a death, he informs the nearby executive
magistrate and moves to the scene of crime
• There he makes a report ,with the help of - PANCHAS ,describing the wounds
marks of injuries, fractures & in what manner and by what weapon could these
injuries have been inflicted –PANCHANAMA
• If he finds any foul play, the body is sent for postmortem examination ,together
with a requisition and a copy of inquest or the body is handed over to the relatives
for disposal.

39. 176 Cr PC - Inquiry by Magistrate into cause of death.
• Conducted by District magistrate , Sub divisional Magistrate or Executive
magistrate
• Especially empowered by the state government –Collector / Deputy collector /
Tahsildar
Indicated in :
• Death in Prison , Police custody
• Death in Psychiatric hospital
• Death due to Police firing / Police interrogation
• Exhumation , Dowry deaths
• Deaths in addition / instead of police inquest

40. OFFENCES..??
• Cognizable offence
• Non cognizable offence
• Bailable offence
• Non bailable offence

41. COGNIZABLE OFFENCE NON COGNIZABLE OFFENCE
An offence in which a police Can Arrest
a person without warrant from the
magistrate
An offence in which a police Cannot
arrest a person without warrant from the
magistrate
E.g. Rape, Murder Dowry deaths
Ragging
Voluntarily causing hurt and miscarriage

42. PUNISHMENTS ..??
• Forfeiture of property
• Solitary confinement
• Imprisonment for a term- Months / Years
• Simple imprisonment
• Rigorous imprisonment ,with hard Labour
• Life imprisonment
• Death sentence

43. MAY THE GRACIOUS GOD BLESS
US ALL ALWAYS
WISHING YOU ALL SUCCESS FOR
YOUR UPCOMING EXAMS
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