Medico Legal Aspect Of Wound.pdf

Dr.Shekhar Awana

1. Medico legal aspects of wound
Department of forensic medicine
and toxicology
Lady Hardinge medical college
Moderator Dr.Arvind Kumar
Presented by Dr.Shekhar Awana

2. HOMICIDE : Homicide is killing of a human being by another
human being.
Types: (I) Lawful:
(1) Justifiable.
(2) Excusable.
These terms are not used in Indian law.
(II) Unlawful:
(1) Murder (S.300, I.P.C.).
(2) Culpable homicide.
(a) amounting to murder (S.299, I.P.C.),
(b) not amounting to murder (S.304, I.P.C.).
(3) Rash or negligent homicide (S. 304 A, I.P.C.).
Wound : A wound can best be defined as ‘damage to any part of
the body due the application of mechanical force’. Some
jurisdictions have a legal definition of a ‘wound’,

3. Justifiable Homicide: This is the homicide which is justified in the
circumstances which led to the killing of a person.
(1) in the administration of justice,like execution of sentence of death,
(2)the maintenance of justice, e.g., executing arrest, or killing in course
of violent crime, e.g., a woman who kills a person who attempts to
rape her.
Excusable Homicide : This is the homicide caused unintentionally
by an act done in good faith.
(1) killing in self-defence when attacked, provided there is no other
means of defence,
(2) causing death by accident or misadventure,
(3) death following a lawful operation,
(4) homicide committed by an insane person.

4. INJURY : Any harm whatever illegally caused to any person in
body, mind, reputation or property (S. 44, I.P.C.).
CULPABLE HOMICIDE : Culpable homicide is causing~death by doing
an act
(1) with the intention of causing death,
(2) with the intention of causing such bodily injury as is likely to cause
death,
(3) with the knowledge that such act is likely to cause death (Sec. 299,
I.P.C.).

5. MURDER:
Culpable homicide is murder
(1) if the act by which the death is caused is done with the
intention of causing death, or
(2) if it is done with the intention of causing such bodily injury as
the offender knows to be likely to cause death, or
(3) if it is done with the intention of causing bodily injury which
is sufficient in the ordinary course of nature to cause death, or
(4) if the person committing the act knows that it is so
immediately dangerous, that it must in all probability cause
death, or such bodily injury as is likely to cause death and
commits such act without any excuse (S.300. I.P.C)

6. S. 302, I.P.C.: Punishment for murder: Death, or imprisonment for life,
and also fine.
S.303, I.P.C.: Punishment for murder by life convict (death).
S. 304, I.P.C.:Punishment for culpable homicide not amounting to
murder.
S. 304-A, I.P.C. Causing death by negligence.

7. DOWRY DEATHS
In some cases newly married girls are abused, harassed, cruelly
treated and tortured by the husband, in-laws and their relatives for or
in connection with any demand for dowry. In extreme cases, the
woman is killed by burning or some other method.
S.304-B., I.P.C. (Dowry Death): dowry death shall be punished with
imprisonment of not less than ten years, but which may extend to
life imprisonment.
S.174 (3) Cr.P.C.: Procedure in dowry death (suicide,
suspected murder, request by a relative; doubt of cause of
death, police consider necessary). Police has to enquire and
report.

8. whoever abets the commission of such suicide, shall be punished
with death or [imprisonment for life], or imprisonment for a term
not exceeding ten years, and shall also be liable to fine.
S.305, I.P.C.: Abetment of suicide of child or insane prson
(ten years imprisonment).

9. S. 306, I.P.C.: Abetment of suicide : Suicide is the act of taking
one's own life voluntarily. If any person commits suicide, whoever
abets the commission of such suicide, shall be punished with
imprisonment for a term which may extend to ten years, and shall
also be liable to fine. There must be instigation, cooperation or
intentional assistance given to the would be suicide.
S.307, I.P.C.: Attempt to murder is punishable with ten years
imprisonment.
S.308, I.P.C.: Attempt to commit culpable homicide is punishable
with imprisonment up to ten years
S.309, I.P.C.: Attempt to Commit Suicide.
shall be punished with simple imprisonment for a term which may
extend to one year [or with fine, or with both.]

10. S. 319, I.P.C.: HURT : Hurt means bodily pain, disease or infirmity
caused to any person. It does not include mental pain.
S.320, I.P.C. : GRIEVOUS HURT : Grievous hurt is hurt of a
more serious nature.
(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 impairing of the power of any
member or joint.
(6) Permanent disfiguration of the head or face.
(7) Fracture or dislocation of a bone or tooth.
(8) Any hurt which endangers life, or which causes the victim to
be in severe bodily pain, or unable to follow his ordinary pursuits
for a period of twenty days.

11. SIMPLE INJURY: Simple injury is one which is neither extensive nor
serious and which heals rapidly.
S.321. I.P.C. : voluntarily causing hurt.
S.322. I.P.C.: Voluntarily causing grievous hurt.
S.323. I.P.C.: Punishment for voluntarily causing hurt
: Imprisonment up to one year, or with fine up to one thousand rupees
or both.
S.324, I.P.C.: Voluntarily causing hurt by dangerous weapons or means
(3 years imprisonment).
S.325. I.P.C.: Punishment for voluntariiy causing grievous hurt :
Imprisonment for a term extending to seven years and also fine.
S.326, I.P.C.: Voluntarily causing grievous hurt by dangerous weapons
or means : Imprisonment up to ten years and also fine.
326,A. I.P.C.: Voluntarily causing grievous hurt by use of acid,
punishable with imprisonment of not less than ten years, but may
extend to life, and with fine.
326,B. I.P.C.: Voluntarily throwing or attempting to throw acid.
Imprisonment of not less than five years and aslo fine.

12. TORTURE
The World Medical Association (Declaration of Tokyo, 1975) defined
torture in relation to detention and imprisonment as "The deliberate,
systematic or wanton infliction of physical or mental suffering by one
or more persons acting alone or on the orders of any authority, to force
another person to yield information, to make a confession or for any
other reason".
S. 330, I.P.C.: Voluntarily causing hurt to extort confession, or to
compel restoration of property is punishable with imprisonment up to 7
years.
S. 331, I.P.C.: Voluntarily causing grievous hurt to extract confession or
to compel restoration of property is punishable with imprisonment up
to ten years.
S. 339, I.P.C.: Wrongful restraint. Imprisonment up to one month.

13. (5)Disfiguration
(1)Beating
(2)Falanga
(3)Telefono
(4)Mutilation

14. (9) Cold (10) Electric shock (cattle prod)
(6) dry submarino
(7) saw horse
(8) Burns caused by
cigarette butts is common

15. (12) knee-capping
Cattle prod
(11) black slave
(14)Ghotna
(13) Disallowing sleep.

16. S. 351, I.P.C.: An assault is an attempt to apply force to body of
another in a hostile manner. It may be a common assault or with an
intent to murder. S.352 to 358 I.P.C. deal with punishments for
various types of assaults.
S. 362,I.P.C.: ABDUCTION
Abduction refers to compelling or inducing
any person by using force or through any
deceitful means, to take him/her from one
place to another.

17. DEATH IN CUSTODY
Death occurring in some form of custodial detention is commonly
known as death in custody, such as police cell or prison. It
should also include deaths resulting from police or prison officers
attempting to detain a criminal or a person escaping or
attempting to escape from police custody or prison.
(A) DURING ARREST: (1) Traumatic asphyxia may occur if the
offender resists arrest, and a number of policemen fall upon him
to overpower him. If there is a struggle, blunt injuries sustained
by the offender by the use of fist, arm or leg, riot stick, etc., by
the police or from head injury from falls against ground, wall, etc.,
may cause death.

18. (2) HOG-TYING (total appendage restraint procedure) is a type of
physical restraint in which the person is placed in prone position
with his wrists and ankles bound behind his back and secured by
a cord. The person may have difficulty in breathing or may
become unresponsive.
(3) CHOKE OR CAROTID HOLDS: A choke (bar arm control) or
a carotid sleeper hold, do not involve the use of a mechanical
implement.

19. SUICIDE IN CUSTODY: The common method is hanging.
Sometimes a poison may be consumed, or he may jump from a
height, or cut his throat or a large blood vessel.
Death may occur due to natural causes, usually cardiovascular.
The emotional upset may precipitate an acute cardiac crisis in the
presence of severe pre-existing disease.

20. Thank you
!