DR KISHOR KUMAR B
ASSOCIATE PROFESSOR
FORENSIC MEDICINE
FORENSIC MEDICINE
&
TOXICOLOGY
INDIAL LEGAL SYSTEM
 FORENSIC MEDICINE – deals with the
application of medical knowledge towards
the administration of justice.
 Forensic Medicine and law are the two pillars
of criminal justice system.
MAJOR IMPORTANT BODIES GOVERNING
THE CRIMINAL JUSTICE INDIA ARE
 INDIAN PENAL CODE (I.P.C.)
 CRIMINAL PROCEDURE CODE
( Cr.P.C.) 1973
 INDIAN EVIDENCE ACT( I.E.A.)
INDIAN PENAL CODE (I.P.C.)
 It deals with substantive criminal law of India’
It defines offences & prescribes punishment.
CRIMINAL PROCEDURE CODE
( Cr.P.C.) 1973
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It deals with
Police duties in arresting offenders
Dealing with the absconders in the
production of documents
In investigating offences.
It deals with the actual procedures in trial
appeals references & transfer of criminal
cases.
INDIAN EVIDENCE ACT( I.E.A.)
 Deals with law of evidence, & applies to all
judicial proceedings common in both criminal
& civil procedure.
CRIMINL LAW
 Deals with the offences which are considered
to be against the public interest, such as
offences against the person, property, public
safety, security of the state etc.
CIVIL LAW
 Deals with disputes between two individuals
or parties.
 The party bringing the action is called
“plaintiff”
 The accused is called “defendant”
In both civil & criminal cases.
INQUEST
 An inquest is an legal inquiry or
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investigation into the cause death.
It is conducted in case of
suicide,
murder,
killing by an animals or machinery,
accident,
suspicious-unnatural death &
death due to anesthesia of operation.
LEGAL PROCEDURE AT AN
INQUEST
 INQUEST means legal or judicial inquiry to
ascertain a matter of fact.
 In forensic work, an inquest implies an inquiry
into the cause of death which is apparently
not due to natural causes.
 Such an inquiry/investigation into
sudden/suspicious/unnatural death is
obviously necessary to apprehend & punish
the offenders.
TYPES
 Police inquest.
 Magistrate inquest.
 Coroner’s inquest.
 Medical Examiner’s system.
 Procurator of Fiscal System.
POLICE INQUEST
 Cr.Pc. 174
 Held by a police officer ( investigating officer)
not below the rank of “station house officerSHO”
 PROCEDURE –
 Proceeds to the place of occurrence
 Write an report
 Panchas – panchanama
 No foul play – dead body released
 suspicious case P.M. examination
MAGISTRATE’S INQUEST
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District Magistrate.
Sub Divisional Magistrate.
Magistrate of First Class
Magistrate Empowered by the state Govt.
INDICATIONS :1.Death in prison or police custody including
deaths occurring during police interrogation.
2. Deaths due to police firing.
3. Cases of exhumation.
4. Alleged dowry deaths.
MEDICAL EXAMINER’S SYSTEM
 Inquest conducted in most of the states of
U.S.A.
 Medical man is appointed to hold an inquest
 Visit the scene of crime, autopsy conducted
him.
CORONER’S INQUEST
 Which used to be present in Bombay only,
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has been abolished since 26th July 1999.
Done in U.K. & some states of U.S.A.
Done inquest in all unnatural & suspicious
deaths.
Coroner’s court is a court of enquiry.
Has some judicial power.
Coroner means a person who represent the
crown.
JURY
 Group of responsible person who represent
the crown.
SUMMONS OR SUBPOENA
 Section 61 to 69 Cr.Pc. Deals with summons
 [sub = under, Poena = Penalty]
 Is a document compelling the person
attendance of witness in a court of law under
penalty, on a particular day, time & place for
the purpose of giving evidence.
 Issued by the court in writing in duplicate,
signed by the presiding officer of the court &
bears the official seal of the court.
SUMMONS OR SUBPOENA
 Must be obeyed.
 If fails to attend the court:-
In civil cases :- liability to pay damages
In criminal cases :- issue notice, neglect the
court without any justification, may sentence
him to fine, bail able or non bail able warrant
to secure the presence of sentences.
 Criminal courts have priority over the civil
cases.
CONDUCT MONEY
 It is the fee offered or paid to a witness in a
civil cases, at the time of serving the
summons to meet the expenses towards
attending the court.
CAPITAL PUNISHMENTS
 The various methods of carrying out of death
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sentences are
Hanging
Electrocution
Lethal injection
Gas chambers
Garroting.
COURTS OF LAW
 Section 6 to 25 of Cr.P.C. deals with constitution
of Criminal courts & offices .
 Courts of law are of two types
1. Civil &
2. Criminal
The criminal courts of India are of 4 types.
1. The Supreme court.
2. The High court
3. The Sessions courts
4. Magistrate courts
THE SUPREME COURT
 Is the highest judicial tribunal, & is located in
New Delhi.
 It has powers of supervision of over all courts
in India.
 It is purely an appellate court.
HIGH COURT
 Is usually located in the capital of every state
& is the highest tribunal for the state.
 It may try any offences & pass any sentence
authorized by law.
SESSIONS COURTS
 Is located in the district headquarters.
 It can any pass sentence authorized by law,
but sentence of death passed by it must be
confirmed High Court.
 An assistant Sessions Court can pass
sentence of imprisonment up to 10 years &
unlimited fine
MAGISTRATES COURT
 Are of three types :-
 1Chief judicial Magistrate
 2. First class Judicial Magistrate
 3. Second Class Judicial Magistrate
POWERS OF MAGISTRATES
S 29, Cr.P.c.
Classs of magistrate
Imprisonment
Fine
Chief Judicial Magistrate Up to seven years
Unlimited
I class Judicial
Magistrate
Up to three years
5000 rupees
I I class Judicial
Magistrate
Up to one years
1000rupees
PUNISHMENT
 The sentence authorised by law are
 1. Death.
 2. Imprisonment for life, ( regarded as equal to
20 years in prison)
 3. imprisonment :-
(a) rigorous i.e., with hard labour, including
solitary confinement
(b) simple
 4 forfeiture of property
 5. fine