Forensic Medicine: Introduction to Forensic Medicine

This presentation explains about the detailed introduction of Forensic Medicine.

1. 21FSC2T463: FORENSIC MEDICINE UNIT 1: Introduction to Forensic Medicine Prof. Mayank David Raiborde Asst. Professor Dept. of Forensic Science Kristu Jayanti College (Autonomous) Bengaluru

2. INTRODUCTION FORENSIC – Latin word – “ Forum ” MEDICINE – wide implications when used next to forensic i.e. use of the vast medical knowledge in solving medico legal problems like: finding out the exact cause of death or time since death Thus, “Forensic Medicine is the branch of medical science which deals with the application of medical knowledge to aid in the administration of justice”. F. Medicine was previously known as Medical Jurisprudence; Latin word “ jurisprudentia ” (Juris=Law; Prudence=Knowledge) meaning “the study, knowledge or science of law”. “the Philosopy of Law” - USA

3. DEFINITION Forensic Medicine is an application of medical knowledge for the purpose of law both civil and criminal for example in cases of assault, vehicular accidents. The Forensic expert can opine if the said injuries have been caused due to vehicular accident or not, duration of injuries, nature of injuries and the cause of death etc. Similarly, in case of a sexual assault, the forensic expert is able to give opinion that whether the said act has been committed or not , the type of injuries and the duration of the act , etc. The Forensic expert has to possess the basic knowledge of other branches of medical sciences so as to solve the problems related to medicolegal issues e.g. In cases of anesthetic deaths, alleged negligence, criminal abortion and sudden deaths due to various causes. MEDICAL JURISPRUDENCE - legal responsibilities of the physician with particular reference to those arising from doctor-patient relation, such as medical negligence cases, ethical conducts on the part of a doctor, professional misconducts etc. To be precise, it deals with the legal aspects of the practice of medicine.

4. Medical Jurisprudence found its chair in the year of 1807 at the University of Edinburgh, first to be occupied by Andrew Duncan the junior (1773 to 1832) who was a Scottish physician and professor at University of Edinburgh, imposed thereby during the era of prominent British statesman Charles James Fox. Forensic medicine was also termed as State medicine which was recommended by Dr. Stanford Emerson Chaille in 1949 (Father of Hygiene and health education in America) and was developed to regulate and guide the code of conduct of registered medical practitioners and to supervise the allied medical practice. MEDICAL ETHICS - the moral principles which should guide members of the medical profession in their dealings with each other, their patients and the state. MEDICAL ETIQUETTE - the conventional laws of courtesy observed between members of the medical profession. This is a self-imposed behavior of the doctor towards his colleague and as such is not punishable. However, it is implied that a doctor should behave with his colleague in a way he should behave with himself and should not de mean or degrade a fellow professional while dealing with patient.

5. HISTORY Before Christ era - The eternal bond between legal medicine and world history. 7th Century BC - the “ Charaka Samhita” described regarding code of medical ethics, training duties, social status and privileges of a physician, including description of various poisons and the possible treatment. Mithya - negligent treatment and has been used in Charaka Samhita to describe the same. Sushruta Samhita – “ Mithyopachara ” : describe improper conduct on the part of the physician 4th Century BC – King Manu: considered as the law giver - punishments for offences like sexual assault etc in “ Manusmriti ” Manusmriti : mental incapacity due to alcohol intoxication or old age or insanity Various law codes - Manusmriti , Kautilya‟s Arthashastram , Yajnavalkya Smriti: described regarding compensation given to victim in medical negligence cases as high as 1000 pana (silver coins). Kautilya‟s Arthasashtra - defined various torture guidelines and methods of torture of a convict as well as regulation of medical practice.

6. Kautilya – also called India’s Machiavelli: described numerous topics including dark occult arts, foreign policies, etc. 27 th Century BC – Imhotep known as Grand Vazir , Chief justice and Chief physician of King Zoser of Egypt: enacted rules for medical practice. The oldest medico legal code : 2200 BC and is described under The Code of Hammurabi. Jewish tradition - dead bodies were respected ; it was believed - handling a dead body makes a man unclean for days; prompt and respectful burial of the dead body; Rabbis - forbid postmortem dissection of the body. 100 AD- students of Rabbi Ismael obtained the body of a young harlot and boiled off the soft tissue in order to count the number of bones present in the body. Autopsies were not permitted in the orthodox Jewish community until the late 20th century , when Knesset , the Israeli parliament passed law permitting autopsy under strict limited conditions. First medico legal autopsy : Bologna (Italy) in the year 1302 by Bartolomeo De Varignana . 1 st Book on F. Medicine - Italian physician Fortunato Fedele (1602). Paulo Zacchias - principal physician to pope Innocent X, Alexander VII and an expert before Rota Romana, the court of appeal; his works are considered the greatest and described in “ Questiones Medicolegales ”. This was published in seven volumes spanning over a period of 1621 to 1635 along with two additional volumes in 1666 at Amsterdam. Paulo Zacchias : father of legal medicine as well as father of forensic psychiatry.

7. 16 th Century - autopsies were generally practiced in medico legal cases. 18 th Century - professorships were founded in legal medicine by the state of Germany. In India - the first recorded medico legal autopsy was done by Dr. Edward Bulkley on the afternoon of 28th August 1693 over the dead body of Mr. Wheeler , a member of council and Chief Justice of Choultry in Chennai. India's first medical school was established in Kolkata in the year 1822 . The same was converted into a college in 1835 along with inception of Madras Medical College . Afterwards it was same college where first chair of professor of medical jurisprudence was established in 1857 .

8. The Indian Medical Council Act, 1956 (Professional Conduct & Ethics) Regulations, 2002 This Act provides constitution of the Medical Council of India (MCI ) and the maintenance of a Medical Register for India and for matters connected there with. The act is amended in 1964 and 1993. The MCI has exclusive right grant recognition to medical college, new or higher courses or training or to increase the capacity in the training or course qualification granted by Universities or medical colleges in India (Sec. 11, 12, 13). The registered medical persons are entitled to practice allopathic system of medicine (Sec. 15). Instructions are given for recognition of medical institutions and to monitor and maintain standards of medical education (Sec. 16-20).  The council has made regulations for "standards of professional conduct, etiquette and code of ethics" which should be observed by medical practitioners. These are mandatory and followed by all other State Medical Councils Sec. 33). Indian Medical Council (Professional Conduct, and Ethics) Regulations related to the professional conduct, etiquette and ethics were notified in 2002. Following chapters are described : 1. Code of Medical Ethics 2. Duties of Physician to their Patients 3. Duties of Physician in Consultation 4. Responsibilities of Physicians towards each other. 5. Duties of physician to the public and to the paramedical profession 6. Unethical Acts & Misconducts

9. COURT PROCEDURES The presence of the accused during the trial plays a vital role in concluding a fair trial. . The attendance of the accused can be procured either by issuing of summons or by arresting and detaining him or by issuing of proclamation or by attachment of property or bonds and sureties. The code classifies the criminal case as a summons case and a warrant case. The classification is based on the seriousness of the crime committed. According to Section 2(w) of the Criminal Procedure Code, a summons case means a case relating to an offence and not being a warrant case. According to Section 2(x) CrPC , a warrant case means a case relating to an offence punishable with death , imprisonment for life or imprisonment for a term exceeding two years.

10. SUMMONS: “to appear and answer before the court.” Meaning of Summons: Summon is a legal document issued by the court directed to a person to appear before a judge or Magistrate. According to section 205(1) CrPC, issuing summons may permit the accused to appear through his pleader. Essentials of Summon: Summons should be clear and specific. Further, according to section 61 of the Criminal Procedure Code: Summons shall be in writing. Summons shall be served in duplicate Summons shall be signed by the presiding officer of the court issuing it. Summons shall bear the seal of the court. Contents of Summon: The summons should contain adequate particulars: The name of the court issuing it. Name and address of the party receiving summons. Offence charged with. Seal of the court.

11. Service of Summons: According to Section 62 CrPC , the summons shall be served by the police, or subject to rules made by the State Government on this behalf, by an officer of the court or other public servant. If practicable, the summons shall be served personally on the person summoned who shall sign a receipt. Service When a Person Summoned Cannot Be Found: According to section 64 CrPC, when the person to be summoned cannot be found, the summons shall be served by leaving the duplicate with an adult male member of the family who resides with the person summoned. Such a member may sign the receipt if required. This is also known as the extended service of summons. It is to be noted a servant is not considered a member of the family under this section. When Service of Summons Cannot Be Effected: According to section 65 CrPC , when service cannot be effected as provided under sections 62, 63, 64, the duplicate of summons shall be affixed to some conspicuous part of the house in which the person summoned resides. This is also known as substituted service of summons. Service on Government Servant: According to section 66 CrPC , when the summon is to be served to a government servant, the duplicate of the summons shall be sent to the head of the office in which such person is employed. Service Outside Local Limits: According to section 67 CrPC , if the summons is to be served outside the local limits, the court shall send such summons in duplicate to the Magistrate within whose local jurisdiction the person summoned resides. Summons to Witness: According to section 311 CrPC, the court can anytime summon and examine any person as a court witness if his evidence appears essential for the interest of the case. The court also has the authority to recall or re-examine a witness already examined.

12. What is Warrant?  A warrant is a legal document that the Judge or Magistrate issues, which empowers a police officer to arrest any person , search or seize any premises , or take any other action . A warrant is a written document issued by the court to compel the appearance or arrest of any person or search any place that the court requires. The warrant of arrest has been dealt with under Section 70 to 81 in the Criminal Procedure Code . Section 70 (CrPC): a written legal document that is duly signed by the presiding officer and contains the seal of the court. It authorizes a police officer to make any arrest. The purpose of issuing the warrant are: 1. To bring the accused before the court for his trial. 2. Production of things and documents. Warrants are issued according to Form No. 2 of the 2nd Schedule (CrPC). WARRANT: “order that serves as a specific type of authorization”

13. Essentials of Warrant: According to Section 70 of (CrPC ): The warrant of arrest must be in writing . It must be signed by the Magistrate . It must bear the seal of the court. Contents of Warrant: According to CrPC , these are the contents of a warrant: It must mention the name and other particulars of the person who is to be arrested . It must specify the offence with which the person to be arrested is charged . The warrant must clearly show the authority given to the person for arrest . It may also include a direction that if the person arrested executes a bond and gives security , he shall be released. Execution of Warrant: S ection 72(CrPC) - a warrant may be directed to the police officer or any person. S ection 74 (CrPC) - a warrant directed to any police officer can also be executed by any other police officer whose name is endorsed upon by the police officer directed. Execution outside the local jurisdiction: Section 78 (CrPC), when the warrant is to be executed outside local jurisdiction then, such warrant will not be directed to the police officer. Instead, it will be directed to any Executive Magistrate , District Superintendent of Police or Commissioner of Police within whose local jurisdiction the warrant is to be executed they may further endorse the name of the police officer thereon. S ection 80 (CrPC): such arrested person shall be taken before such Magistrate or District Superintendent or Commissioner in whose district arrest is made ;

14. Difference between Summon and Warrant SR. NO. PROPERTY SUMMON WARRANT 1. Object It is a legal notice that notifies the person about the legal obligation (responsibility) to appear before the court. it is a legal document whose object is to bring the accused (who has ignored the summons and has not appeared) to the court. 2. Issued to It is issued to a person/parties/witnesses. It is issued to the police officer. 3. Motto It directs the person to appear before the court or to produce any document or thing.  It authorizes a police officer to arrest the accused and produce him before the court. 4. Copy It has a duplicate copy, as per section 61 of the Code of Criminal Procedure. It does not have a duplicate copy, as per section 70 of the Code of Criminal Procedure. 5. Nature It is a liberal invitation. It is an order (to forcefully compel).

15. A witness may be any person who has the ability to perceive a fact through his senses. A competent witness may perceive any act from his eyes or ears or smell or sensation or touch or any other reasonable mode. Sec 118 (IEA): a competent witness is one who has the capacity and ability to understand the questions put to him by the court. If he has the understanding of questions and the ability to give rational answers , then he is a competent witness. Any person can be a witness; no restriction as to who can be a witness; A person, either male or female, a child or aged, can be a witness. Only Restriction: if a person does not understand the questions and is not able to answer rationally , then he is not a competent witness. WITNESS: “ a person who witnesses any act or series of acts or a scene taking place.”

16. TYPES OF WITNESS INTRESTED WITNESS: a person who wants the accused to be behind bars for the crime he committed. Any person may be an interested witness like a friend of the prosecution, or any other person who wants the culprit to be punished. CHANCE WITNESS: Any person who, by coincidence or chance, is present at the scene of a crime or is passing by the scene of a crime is called a chance witness. If such a person gives testimony in court, he is treated as a chance witness. STOCK WITNESS: Stock means “ something which is stored or kept in for future use as per the availability.” A person who remains at the backfoot of police and comes in front as per directions of police. Their testimony is not very reliable, and the court always opts not to stand on his testimony. Such witnesses are highly disfavored by the judges. I-WITNESS: A person who, from his eyes, witnesses any act or scene of the crime, is an eye witness to that offence. An eye witness may be any person like a stranger or relative or any other person. From the perspective of evidence, an eye witness is an important evidence in solving a case. It is generally said that anything can betray but not the eyes. OFFICIAL WITNESS: a person from the police force gives testimony in the court of law, it is an official witness. It is termed an official witness because a person on duty gives evidence in favour of the prosecution. It is said that evidence of the police witness should not be discarded merely because a person belongs to the police force, and therefore he can be biased towards prosecution in making the case strong. His credibility cannot be doubted in this manner. RELATED WITNESS: a person to be a witness in court is a relative of the person who called him to be produced as a witness, is related witness. When a person is related to a person, his statement shall not be discarded or rejected due to the reason that he is his relative, and he may be biased in the case. It should not be presumed that a related witness will always favour his relative and not the truth. If, after strict scrutiny, a related witness seems to be trustworthy and credible of giving testimony, then his evidence must be appreciated in court.

17. INQUEST “Inquest” refers to a legal or judicial inquiry conducted to establish specific facts. Sec 174 (CrPC): An inquest report is a report prepared by the police or a designated officer in cases involving unnatural deaths or deaths under suspicious circumstances . It is a document that provides preliminary information and details regarding the cause, circumstances, and other relevant factors related to the death. The primary objective of an inquest report is to investigate the reasons behind an unnatural death. In situations involving unnatural deaths, the State must determine the cause of death and initiate appropriate actions. Thus, the purpose of an inquest report is to establish factual information that can aid in identifying and punishing the perpetrator. The inquest report includes the following details: The apparent cause of death. Description of wounds, fractures, bruises, or any other visible signs of injury found on the deceased body. Assessment of how the marks of injury seem to have been inflicted. Identify the weapon or instrument that appears to have been used to cause such injuries. Manohari & Ors . vs The Dist. Superintendent of Police & Ors . (2018): Madras HC ruled that when dealing with unnatural deaths registered under Section 174 (CrPC) , the police cannot conclude the case solely by submitting a report to the Executive Magistrate.

18. TYPES OF INQUEST