This document discusses legal procedures in India according to the Indian Penal Code and Code of Criminal Procedure. It covers topics such as inquests, courts, cognizable vs non-cognizable offenses, punishments, summons procedures, types of evidence including dying declarations, and procedures for examining witnesses in court. Police inquests and magistrate inquests are described as the main types of inquest conducted in India to investigate sudden, suspicious, or unnatural deaths. The roles of various courts like the Supreme Court, High Courts, and magistrate courts are also summarized.

1. LEGAL
PROCEDURES
(FM 1.3 to 1.9)
Dr Arun Pinchu Xavier
Assistant Professor
Dept of Forensic Medicine
Sree Mookambika Institute Of Medical Sciences

2. What do you think is Forensic medicine & the
role of a forensic surgeon..?
IN THE
DEAD
IN THE
LIVING

3. Definitions:
MEDICAL JURISPRUDENCE
FORENSIC MEDICINE
INDIAN PENAL CODE - IPC
CRIMINAL PROCEDURE CODE - CrPC
CODE OF CIVIL PROCEDURE - CPC

4. 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.

5. • 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.

6. • 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

7. • It is a set of procedural laws that apply to non criminal disputes between two
parties. These include disputes like Land or property disputes , divorce , paternity
disputes..
• Civil Law deals with disputes between two individuals or parties.
• The party bringing the action in a civil case is called "plaintiff".
• The accused is called "defendant" in both criminal and civil cases.

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

9. 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

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

11. INQUEST - FM 1.4

12. LEGAL PROCEDURES IN INDIA
❖ INQUEST :
• Preliminary Legal inquiry investigation into the cause of death in cases of Sudden
,Suspicious & Unnatural deaths
• Types of inquest in INDIA : Police inquest & Magistrate inquest
Other Types :
• Coroners inquest,
• Medical examiners system &
• Procurator fiscal system

13. POLICE INQUEST / Sec 174 CrPC :
• 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.

14. Some Indications for Police Inquest …
Krishan Vij.Legal Procedure :In Textbook of Forensic Medicine & Toxicology,5th edn

15. MAGISTRATE INQUEST / 176 Cr PC :
• 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

16. Other Types of Inquest:
MEDICAL EXAMINER SYSTEM:
• This is a type of inquest conducted in most of the states of USA. Here a medical
person is appointed to hold an inquest.
• The medical person usually visits the scene of crime and, thus, is able to gather
first-hand evidence that is interpreted in proper perspective owing to his
knowledge of medical science.
• The autopsy is also conducted by him. This system, therefore, is far better than the
other systems where non-medical person conducts the inquest
CORONER'S INQUEST :
• This is a type of inquest done in U.K., some States in U.S.A., and some other
countries, but not in India. Coroner conducts inquest in all unnatural and
suspicious deaths.

17. COURTS OF LAW - FM 1.4

19. ❖ COURTS / Sec 6-25 CrPC:
COURTS IN INDIA – CRIMINAL & CIVIL
• CRIMINAL COURTS –
01.SUPREME COURT – Highest judicial tribunal , New Delhi, Supervisory ,Binding ,Any
sentence
02.HIGH COURT - State Capital ,highest judicial tribunal of state.
03.SESSIONS COURT - District headquarters ,try cases committed to it by a magistrate
04.MAGISTATE COURTS -
CLASS OF MAGISTRATE IMPRISONMENT FINE
CHIEF JM 7 years UNLIMITED
FIRST CLASS JM 3 years 10,000/-
SECOND CLASS JM 1 year 5,000/-

20. JUVENILE JUSTICE BOARD

21. JUVENILE JUSTICE BOARD
• Juvenile is a person below 18 Years - WHO
• Offences committed by juvenile are tried by Juvenile Justice Board
• Juvenile Justice Act,2015 was passed in order to consolidate and amend the laws
relating to children alleged and found to be in conflict with the law and children in
need of care
• The board consists of a metropolitan magistrate or a judicial magistrate of first
class and two social workers (at least one of whom is a woman) who together have
the powers conferred by the Code of Criminal Procedure,1973

22. MEDICAL EVIDENCE - FM 1.7

23. MEDICAL EVIDENCE (FM 1.7)
Evidence given by a expert witness in medical science is called medical evidence
3 types – Oral , Documentary & Material Evidence
❖Oral Evidence:
❖Documentary Evidence : Medical Certificates
Medicolegal Reports
Dying Declaration & Dying Deposition.
❖Material: Here the RMP is asked to testify about some object. Eg-Bullet

24. ORAL EVIDENCE:
• Oral evidence refers to a fact that could be seen, heard or perceived in any other
manner, it must be the evidence of that person who has himself seen, heard or
perceived
• Oral evidence whenever possible must be direct - Sec 60 IEA
• It must be the evidence of that person who has personal knowledge of facts in
relation to the particular incidence, i.e. it must be the evidence of an eyewitness.
• If it refers to an opinion, it must be the evidence of that person who holds that
opinion.
• Hearsay or indirect evidence - is the evidence of a witness who has no personal
knowledge

25. DOCUMENTARY EVIDENCE :
MEDICAL CERTIFICATES & MEDICOLEGAL REPORTS
✓MEDICAL CERTIFICATES:
• Certificates issued by a RMP in the course of treatment
• Refers to ill health birth , death, vaccination etc
• If a patient dies due to a natural disease, RMP is legally bound to issue death
certificate without charging fees.
• If ,not sure of the cause of death / suspicious of foul play – Not issued !
• Issuing / false certificate is punishable by 197-IPC…

26. ✓MEDICOLEGAL REPORTS:
Prepared by a RMP usually on request by law enforcing agencies usually in civil or
criminal cases.
A Medicolegal Report has got 3 main parts;
• First part :Introduction / Preamble
Name Age Sex Address
Name of the person accompanying / Identifying police officer
Date time hour of examination, Consent ,ID marks
• Second part: Observation & Findings including negative reports
• Third part: Opinion / Inference drawn by the doctor from examination
Doctor should sign with name, designation, time & station .

27. DYING DECLARATION & DYING
DEPOSITION - FM- 1.7

28. DYING DECLARATION:
Written /oral statement of a person who is dying – unlawful act
Narrates the cause & circumstances of the condition
If time permits ,call up – a magistrate / record by yourself if condition worsens
• Before recording – Conscious & Oriented – COMPOS MENTIS
• Presence Of 2 Witness, No leading questions allowed.
• If not able to speak out – Signs / Actions to be recorded
• Undue influence / prompting / Assistance should be taken at most care !
• Doctor & witness has to sign on it ,with time date and place
• Once deposition over – get it Signed / left thumb impression of victim
• Sealed & forwarded to magistrate
• If the declarant survives - looses its legal validity but has corroborative value !

29. DYING DEPOSITION:
• It is a statement of a person made under oath.
• Statement given by dying person to the magistrate under oath in the presence of
accused or by his lawyer, who is allowed to cross examine the witness.
• Its superior to Dying Declaration, since its been recorded by the magistrate
• Even if declarant survives - it retains its legal validity
• This is not admissible in Indian Court of law !

30. Rajesh Bardale.Legal Procedure :In Principles of Forensic Medicine & Toxicology,1st edn

31. PROCEDURE FOR EXAMINATION OF A WITNESS IN
THE COURT - FM 1.5

32. SUMMONS

33. ❖SUBPOENA / SUMMONS / Sec 61-69-CrPC
• Legal Invitation compelling attendance of a witness on a particular Date Time
Place by the court of law– issued under Penalty !
• Issued in duplicate ,served by police officer or officer of Court, bears the seal of
the court. Served personally or delivered by Registered post.
• Once received – attend punctually – give Evidence / Produce Documents /Articles.
• Failure to obey without a just cause – imprisonment up to 6 months +/- 1000/-
When receiving 2 summons..
• Criminal court > Civil court
• Higher court > lower courts
• 2 Summons of same level, preference is to given to the first you received..

34. CONDUCT MONEY:
• Remuneration for attending the court in Civil Courts
• Given at the time, when summons is been served, If inadequate / Not paid –
inform the court – to Get It Enhanced - decided by judge
• Served only in Civil Cases not in Criminal courts ,because of the interest of the
State in securing justice

35. RECORDING OF EVIDENCE IN A COURT – FM 1.5

36. RECORDING OF EVIDENCE IN A COURT :
Recording of evidence by a witness is done as follows:
• OATH:
Declaration required by law which is compulsory and holds the witness
responsible for the consequences of his evidence .Sec-51 IPC makes it compulsory
for every witness above 12 year to take it before disposing in the court of law.
• EXAMINATION IN CHIEF:
Called by the lawyer who has summoned the witness. The object of chief
examination is to present before the court all facts that are relevant to the case .
No leading questions are allowed at this stage, except when the witness has been
declared, hostile .

37. • CROSS EXAMINATION :
Witness is been questioned by counsel for the opposite party
The object of cross examination is to show that the details provided by a witness are
inaccurate and contradictory ,to discredit the witness and to develop new or old
facts .
• It is not limited to the facts, the witness testified.
• Here the competence and credibility of the witness is been tested by questioning
the his experience , qualification and power of observation .
• Leading questions are allowed. Doesn’t have any time limit..!
• RE-EXAMINATION :
Re-examination is repeat questions by the lawyer who has summoned him
To correct any mistakes during cross examination.
To clarify / add details to statements made during cross examination

38. • QUESTIONS BY THE JUDGE :
Judge presiding over hearing, at any stage during recording of evidence can ask
questions to the witness, to clear up any doubts .
• LEAVING THE COURT:
After re-examination the witness can step down from the witness box after
permitted by the judge. Before leaving the court room ,the witness must carefully
read his deposition and sign at bottom of each page and initial any corrections.
Only then. he can leave the court room after seeking permission from judge

39. RECORDING OF
EVIDENCE IN A COURT
OF LAW
Krishan Vij.Legal Procedure :In Textbook of Forensic Medicine & Toxicology,5th edn

40. WITNESS:

41. WITNESS:
A witness is person who testifies to a fact seen , heard or perceived..!
Witness are of 2 - Common & Expert witness.
• Common witness:
Person who gives evidence about the facts observed by himself.
• Expert witness:
A person who is qualified experienced in scientific technical subject and capable of
giving opinion from the facts observed by himself or others.
Doctors, Fingerprint experts ,Handwriting experts ..are expert witness

42. HOSTILE WITNESS :
• A witness wilfully conceals truth
• Tell lies / give false evidence in the court against the party who summoned him.
• Makes contrary statements of the facts or what he had already said in the lower
courts on previous occasion.
• When declared hostile ,leading questions can be asked in examination in chief by
the public prosecutor
PERJURY / 193 IPC:
• After taking oath ,willfully making statements which he knows or believes to be
false
• Guilty of crime under S-191 & 193 IPC
• Punished with 7 years imprisonment !

43. DOCTOR IN THE
WITNESS BOX
- FM 1.5

44. A great medical authority, William Hunter once said:
“ To make a show and appear learned and ingenious in knowledge may
flatter vanity. To know facts, to separate them from supposition, to
arrange and connect them, to make them plain to ordinary capacities,
and above all, to point out their useful applications should be the
chief object or ambition ”

45. A medical witness, seeking to testify in the court, should bear in mind the
solemnity of the occasion and adhere to some basic principles while giving
evidence:
1. PUNCTUALITY AND DEMEANOUR
2. BE FAIR AND FRANK
3. CLARITY OF THE SUBJECT MATTER
4. SPEAK CLEARLY AND COOLLY, BUT NOT COLDLY
5. GIVE DIRECT ANSWERS WHEREVER POSSIBLE, AND ANSWER
ONLY THE QUESTION ASKED..!

46. 6. NEVER LOSE TEMPER..!
7. VOLUNTEERING A STATEMENT..?
8. IN CASES OF MALPRACTICE..?

47. “ If the law has made a physician a witness, he should remain a
man of science; he has no victim to avenge, no guilty person to
convict and no innocent person to save ”- Bouardel:
LETS BE THE REAL HEALTHCARE
SUPERHEROS