Presentation on theme: " 1. Emasculation 2. Permanent privation of sight of either eye. 3. Permanent privation of hearing of either ear. 4. Privation of any member or joint."— Presentation transcript:
1. Emasculation 2. Permanent privation of sight of either eye. 3. Permanent privation of hearing of either ear. 4. Privation of any member or joint. 5. Destruction or permanent impairment of power of any member or joint. 6. Permanent disfiguration of head or face. 7. Fracture or dislocation of bone or tooth. 8. Any hurt which endangers the life, or which causes the sufferer to be, during the period of 20 days, in severe bodily pain or unable to do his daily activities.
LEGAL PROCEDURE By Dr. Raja Rupani Assistant proff. KGMU LKO.
Indian Panel Code ( IPC) 1860 : It deals with substantive criminal law of India. It defines offences and prescribes punishments.
Criminal procedure code (Cr PC ) 1973 : It deals with :- Procedure of investigation and criminal proceedings. It provides mechanism of punishment of offences against the substantive criminal law.
Indian Evidence Act (IEA)1872 : It deals with: Different category of evidences Procedure of collection of evidences Preservation and use of different evidences. It is common to both civil and criminal procedure
Criminal Law : Deals with offences which are against the public interest Here state is one party represented by public prosecutor and accused is other party
Civil Law : Deals with disputes between two individuals or parties. One party in civil case is known as “plaintiff”. Other party or Accused in both civil and criminal cases is known as defendant”.
It is an inquiry or investigation into cause of death.
2 types : Police inquest Magistrate inquest
Police inquest (CrPC 174) : By police officer usually sub inspector. CrPC 175 : Investigating officer in presence of two local persons known as panchas makes an investigation at the place where body is found.
Magistrate Inquest (CrPC 176) : Conducted by magistrate (DM, SDM,Tahsildar) Or By any magistrate empowered by state government(Executive Magistrate)
Death in police custody Death due to police firing Death in prison, reformatories,Borstal school Death in psychiatric hospital Dowry death(within 7 years of marriage) Exhumation Any person dies or disappears or rape in custody of police or in any other custody authorised by court
Conducted in US. Not prevalent in India. Abolished from Kolkata since 1978 and from Mumbai in Coroner conducts investigation in all suspected and unnatural deaths.
Conducted in US By medical practitioner Have no judicial functions similar to coroner It is superior to police and coroner’s inquest
Two types : Civil Court : Criminal Court: Criminal courts are of four types: Supreme court High court Session court Magistrate courts
Based on the fact that the children differ from adults in mentality. They try offences committed by juveniles(age below 18 years). Juvenile court is usually presided by woman magistrate
Offence means any act or omission made punishable by law. Types : Bailable Non-bailable Cognisable Non-cognisable
Cognisable Offence : It is an offence in which the police officer can arrest a person without the warrant from the magistrate. The person is sent to doctor for medical examination. In non-cognisable offences the injured person may go directly to the doctor or he may file an affidavit in the court of magistrate who will send him to the doctor for examination and report
1. Chief Judicial Magistrate: Imprisonment up to 7 years and unlimited fine 2. 1 st Class Judicial Magistrate : 3years and 10,000 rs 3. 2 nd Class Judicial Magistrate : 1year and 5000 rs
Death Imprisonment for life Imprisonment : Rigorous : Solitary confinement : Simple Forfeiture of property Fine
Sub= under Poena=penalty It is a document compelling the attendance of a witness in a Court of law under penalty, on a particular date, time and place for the purpose of giving evidence.
Issued by court. Served on witness by police officer or officer of the court or other public servant. Can also be served by registered post.
If witness fails to attend the court : In civil cases : He will be liable to pay damages. In criminal cases : the court may issue notice under section 350 CrPC and may sentence him to fine or imprisonment or may issue bailable or non-bailable warrant to secure the presence of the witness.
Criminal courts have priority over civil courts. Higher courts have priority over lower. If he is summoned from two courts of the same level, then he must attend the court from where he received the summon first and inform the other court about this.
It is fees offered or paid to a witness in a civil case, at the time of serving the summons to meet the expanses for attending the Court. In criminal, cases no fees is paid to witness.
It means : All statements which the court permits or requires to be made before it by witnesses, in relation to matter of fact under inquiry. It includes: All documents produced for the inspection of court.
Documentary Oral- Direct Indirect or Circumstantial Hearsay
Medical Certificates : They refer to ill health, insanity, age,death etc. The medical practitioner is bound to issue death certificate,stating the cause of death, without charging the fees. Issuing false medical certificate is punishable under section 197IPC
Medical reports: They are the medical reports prepared by a doctor on request of the investigating officer, usually in the criminal cases. The report consists of two parts: Facts observed on examination Opinion drawn from the facts
Dying declaration : It is a written or oral statement of a person, who is dying as a result of some unlawful act, relating to the material facts of cause of his death. Magistrate should be called to record the declaration (if there is time). Doctor should certify his mental state and consciousness before recording (compos mentis).
If there is no time to call the magistrate,the doctor should take the declaration in the presence of two witnesses. It can also be recorded by village headman, police officer, but its value is less. Oath is not necessary. It must be signed by the declarant, doctor and the witnesses.
If the declarant dies,it is accepted as the evidence in court. If the declarant survives, it is not valid, but it has the corroborative value. The declarant should not be influenced.
It is the statement of a person on oath, recorded by the magistrate in the presence of the accused or his lawyer,who is allowed to cross-examine the witness. Not followed in India.
A person who gives evidences regarding facts. Common witness Expert witness
Common witness: A person who gives evidence about the facts observed or perceived by him. Principle is known as “first hand knowledge rule”
Expert witness: A person who has been trained or is skilled or has knowledge in technical or scientific subject, and is capable of drawing the opinion and conclusions from the facts observed by himself or noticed by others. Eg: doctor, fingerprint expert, ballistic expert.
Hostile witness: One who is supposed to have some interest or motive for concealing part of the truth,or for giving completely false evidence. IPC -191
Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false,and which he either knows or believe to be false,is said to give false evidence(sections 191,192 IPC and 344 CrPC). Punishment of up to 7 years(section 193 IPC)
Oath: Oath is declaration required by law,which is compulsory and hold the witness responsible for the consequences of his evidence.
This is the first examination of a witness. Question are put to him by the lawyer for the side which has summoned him. In criminal cases burden to prove is always on the prosecution,and accused is presumed to be innocent till the contrary is proved against him. No leading question is allowed.
The objects are: To elicit all relevant, convincing medical facts. To elicit the conclusion which the doctor has drawn from the facts
Witness is questioned by the lawyer for the opposite party. The defense witness is cross examined by the public prosecutor. Leading questions are allowed.
The main objects are: To elicit facts favourable to his case. To test the accuracy of statement made by witness. To modify or explain what has been said. To develop new or odd facts. To discredit the witness. To remove any undue emphasis which may have been given to any of them.
This is conducted by the lawyer for the side which has called the witness. The object is: To correct any mistake or to clarify or to add the details to the statement made by witness in cross-examination. Leading questions are not allowed. The opposing lawyer has right to re-cross- examination on the new point raised.
Judge may ask any question, in any form, about any fact,relevant or irrelevant at any stage of the examination. He is empowered to recall or re-examine any witness already examined.
Well prepared. Take all records. Don’t discuss the case to anyone outside the court. Never attempt to memorise. Use simple language and avoid technical terms. Don’t underestimate the medical knowledge of lawyers Don’t avoid a question saying I don’t know.
1. First class magistrate can give punishment up to: Life imprisonment 10 years 3years 1year
2. Doctor is an: Expert witness Ordinary witness Ordinary as well as Expert witness Hostile witness
3. Hostile witness is one, who: Threatens the judgments Threatens the prosecution Willingly gives the false evidence Refuses to answer any query