1. Legal ProceduresLegal Procedures
(Law & Courts)(Law & Courts)
ByBy
Dr. Pervaiz ZarifDr. Pervaiz Zarif
MBBS, DMJMBBS, DMJ
Forensic Medicine & ToxicologyForensic Medicine & Toxicology
DepartmentDepartment
SIMS, Lahore.SIMS, Lahore.

2. FORENSIC MEDICINEFORENSIC MEDICINE
Definition:
Forensic medicine deals with the application of
medical knowledge to the administration of the
law and to the furthering of justice and in
addition it includes the legal relation of medical
man and moral obligations which rest upon him.

3. Law:
It is rule of conduct enforced by the court.

4. Types of law:
Depending upon origin:
- Common law
- Statue law
- Shariat law
Depending on the types of cases being handled
- Criminal law
- Civil law.

5. Common law:
It is conduct of individuals enforced by
the community in which we live. It is
unwritten and is based on the immemorial
usage of conventions or customs of the
community.
Statute law:
It is a written law in which the rule of
conduct is defined, codified in sections and
made law by the parliament in relation to
changes in the circumstances of that
community e.g. Englishman invaded India

6. Shariat law:
It is based on injunctions of Islam.
Criminal law:
It is the rule of conduct, which is to be
observed by all. There is prohibition of
commission (to commit) of some act or even
omission (not do something which should be
done) of some act and is enforced by
punishment.
e.g. nobody should commit murder or to cause
road accidents etc.
We can say that criminal law is for better law
and order situation or better government with
in a country.

7. Civil law:
It deals with the rights of the individuals and
provides remedies for personal sufferings
e.g. land lord and tenants dispute, divorce
cases etc.

8. COURTS AND LEGAL PROCEDURES
Whenever an individual is accused for a
breach of criminal law or aggrieved from
some other individuals under civil law the
case is brought for decision before an
officer, which is called as ‘judge’,. To arrive
at decision some proceeding are conducted
in the light of civil / criminal procedure code,
civil / criminal penal code and evidence act.
These are collectively called as ‘legal
procedures’. The place where these
proceeding are done and judge sits is called
‘the court’.

9. There are two parties in any case.
1)Prosecution:
That brings in a charge and in criminal cases
the prosecution is always the state.
2)Defense:
That defines or defends the charge.
The conclusion or decision of the judge after
the proceedings is called,” the judgments”.

10. The lawyers conduct the proceedings
both for the prosecution and defense.
The court has other staff members beside the
judge.
1) The typist
2) Reader
3) Record keepers
4) Law officer to assist the judge.

11. POWERS OF THE COURT:
1.Compel the appearance in court:
a)Issuance of a summon.
The summon is a written order issued by a
court of justice compelling a person to attend the
court on particular date and time for a certain
purpose like, to give evidence, to produce a
document or thing, as an accused.
It is served in duplicate and is signed and
sealed by court issuing it. It is served by police
official or official of the court.
One copy of the summon is retained by the
person to whom it is being served while the other
copy is duly signed by him as an
acknowledgment.

12. b) When a person on whom the summon is
being served does not appears in the court
without a lawful excuse, court issues a warrant of
arrest with or without bail.
c) When warrant being not executed issue a
written proclamation as absconder and may also
order attachment of property.
d) Bond execution with or without sureties
when appears in the court.

13. 2. If there is non-attendance or omission to
produce a document or proved to be guilty
the person is awarded punishment.

14. TYPES OF COURTS, JURISDICTION &TYPES OF COURTS, JURISDICTION &
POWERS FOR PUNISHMENTPOWERS FOR PUNISHMENT..
A- Civil Courts
- District Judge.
- Civil Judge with powers of judicial magistrate
class I, II, III, and Section 30.
Jurisdiction:
Civil cases,
Criminal cases & some hadood cases
Court Power to fine Imprisonment Jurisdiction
Section 30 unlimited upto 7 years civil, criminal,
some hadood cases
Ist class Rs 100 upto 2 years -: do :-
2nd class Rs 200 upto 6 months civil & criminal
cases
3rd class Rs 50 upto 1 month -: do :-

15. B- Courts of Session and Addl. Session Judge
Powers:
Can award all punishment up to death
sentence but death sentence must be
confirmed by High Court.
Jurisdiction:
Original:
Criminal and all Hadood cases.
Appeal:
Can hear appeals against all the decision of
the courts lower to them in criminal and

16. C- High Courts:
Powers:
These can pass any sentence under law.
Jurisdiction:
Original:
Civil and Criminal cases.
Appeal:
All courts lower to them in civil and
criminal cases.

17. D- Supreme Courts:
Powers:
It has powers to grant special permission
to make appeal against any Judgment passed
by High Court.
E- Federal Shariat Courts :
Jurisdiction:
Court of appeal for Hadood cases.

18. PRINCIPLES GUIDING THE COURT TO ARRIVEPRINCIPLES GUIDING THE COURT TO ARRIVE
AT A DECISIONAT A DECISION
These principles are based on Roman law
which begin with the presumption that;
I. Every person is sane and responsible for his
action.
ii. Every person is innocent until proved guilty
iii. If at the conclusion of proceedings the court
is in any reasonable doubts about the

19. The onus of proof rest upon the Prosecution.
In criminal cases government makes an
allegation and then proves it in the court through
its functionary i.e. police.
In civil cases the party making the
allegation proves it.
However, sometimes during the course of
proceeding it may shift from one party to
another.
For example in divorce cases a girl request
separation on the charge of impotence of the
husband. She has to prove non-consummation
of marriage. If during trial husband claims his
potency but make allegation that she suffers
from vaginismus the onus of proof shifts from
wife to the husband.