SAQs - Forensic Medicine Answers

Q1. Describe the Procedure of Recording Evidence in a Court of Law ⭐⭐⭐⭐⭐

Summons / Subpoena

• The doctor first receives a Summons (in India) or Subpoena (in Western countries), which is a legal document compelling attendance in court under penalty on a particular day, time and place [Sections 63-71, BNSS].
• Along with attendance, the doctor may be required to bring case records, documents, or reports (Subpoena duces tecum) [Sections 94 & 195, BNSS; Section 165, BSA].

Conduct Money

• In civil cases, conduct money (fee) is offered at the time of serving the summons to meet the expenses of attending court.
• In criminal cases, no fee is paid at the time of serving summons; however, conveyance charges and daily allowance can be claimed.

Oath / Affirmation

• Before giving evidence, the witness takes an oath (religious) or makes an affirmation (secular).

Examination-in-Chief

• The witness is first examined by the lawyer who summoned him - this is called examination-in-chief (direct examination).
• The doctor reads out the medicolegal report and explains his findings.

Cross-Examination

• The opposing counsel then questions the witness - this is cross-examination.
• The purpose is to discredit the witness, shake his testimony, or bring out favorable facts.
• The doctor should answer calmly, truthfully, and with confidence. He can refer to notes or textbooks to refresh his memory [S. 159, I.E.A.].

Re-Examination

• After cross-examination, the original counsel may re-examine the witness to clarify matters arising from cross-examination - this is re-examination.

Court Questions

• The Judge may also ask questions to clarify any point.

Key principles for a doctor in the witness box:

• Answer only the questions asked; do not volunteer information
• Give opinions only with "reasonable medical certainty"
• Do not use technical jargon without explanation
• Refer to notes and case records
• Remain impartial - the doctor is an officer of the court, not a witness for either side
• Conclusions must be based on objective facts

Q2. Define EVIDENCE. Mention the Types of Medical Evidences. Write in Detail about Medical Evidences That Can Be Produced in the Court of Law ⭐⭐⭐⭐

Definition

1. All statements which the court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry
2. All documents produced for inspection of the court [Section 2, BNS / BSA]
3. The evidence of an eyewitness is positive; the evidence of a doctor or expert is only an opinion (corroborative)

Types of Medical Evidence

• (a) Primary evidence - the document itself (e.g., original case sheet, MLC register) produced for inspection [Section 208, BNS; Section 59, BSA]
• (b) Secondary evidence - certified copies, copies made from originals by mechanical processes, oral accounts of the contents of a document [Section 58, BSA]

1. Medical Certificates - for ill-health, age, insanity, fitness
2. Medicolegal Reports - prepared by a doctor on request of the investigating officer in criminal cases (assault, rape, murder, accident)
   • Contains: name of patient, age, address, time/date of examination, history, general examination findings, specific injuries (with description, size, location, nature), opinion, signature, and designation
3. Dying Declaration - written/oral statement of a dying person

• (A) Direct - evidence of a fact actually in issue (e.g., prescription, consent form)
• (B) Indirect / Circumstantial - not direct testimony but has bearing upon relevant facts [Section 4, BSA]
• (C) Hearsay - statement made by a person about what he did not personally witness (generally inadmissible, with exceptions)

1. Dying declaration [Section 26, BSA]
2. Expert opinion expressed in a published treatise (if author is dead/unavailable)
3. Evidence of a doctor recorded in a lower court, accepted in a higher court [Section 326, BNSS]
4. Evidence from previous judicial proceedings (if witness is dead/unavailable)
5. Reports of certain Government Scientific Experts [Section 329, BNSS]:
   • Chemical Examiner / Assistant Chemical Examiner
   • Chief Inspector of Explosives
   • Director of Fingerprint Bureau
   • Director, Central/State Forensic Science Laboratories
   • Director, Haffkine Institute, Mumbai
   • Serologist to the Government
6. Public records - birth, death, marriage certificates [Sections 29, 74, 75, 77, BSA]
7. Hospital records - routine entries (dates of admission/discharge, pulse, temperature, treatment) are admissible without oral evidence; however, diagnosis requires oral testimony

Q3. Add a Note on DYING DECLARATION ⭐⭐⭐⭐

Definition

Who Records It

• If there is time, an Executive Magistrate should be called to record the declaration
• Before recording, the doctor must certify that the person is conscious and mentally normal (compos mentis)
• If the condition is serious and there is no time to call a magistrate, the doctor takes the declaration in the presence of two witnesses
• The statement can also be recorded by village headman, police, or any other person - but its evidential value will be less

How It Is Recorded

1. Oath is not administered - because of the belief that a dying person tells the truth
2. The statement should be recorded in his/her own words, without alteration of terms or phrases
3. Leading questions should NOT be put; the declarant must speak freely without undue influence or prompting
4. If a point is unclear, a question may be asked, but both the question and answer must be recorded
5. The statement must be of fact, not opinion
6. After recording, it must be read back to the declarant
7. Signature or thumb impression of the declarant is taken
8. If the declaration is made in regional language, it should be translated later with the translator's name noted

Legal Validity

• It is admissible even if the person subsequently recovers
• The person does not need to be in expectation of imminent death
• It is an exception to the hearsay rule and is admissible in court

Dying Deposition (vs. Dying Declaration)

Q4. Classify Criminal Offences. Differences Between Cognizable Offence and Non-Cognizable Offence ⭐⭐⭐

Classification of Criminal Offences

1. Bailable - court cannot refuse bail; police cannot keep person in custody
2. Nonbailable - bail is at discretion of the court

• Cognizable Offence
• Noncognizable Offence

Differences: Cognizable vs. Non-Cognizable Offences

Q5. SUBPOENA or SUMMONS ⭐⭐⭐⭐

Subpoena

• May also require the witness to produce books, documents or other things (Subpoena duces tecum) [Sections 94 & 195, BNSS; Section 165, BSA]

Summons (as used in Indian Law)

• It is issued by the court in writing, in duplicate, signed by the presiding officer and bearing the court's seal [Section 63, BNSS]
• Crime number and name of the accused are mentioned

Service of Summons

1. A police officer, officer of the court, or other public servant - by delivering one copy to the witness (person signs receipt on the back of the other copy) [Section 64, BNSS]
2. By registered post
3. Fixed on a conspicuous part of the house where the person resides
4. If the person is a government servant, the court sends it in duplicate to the head of the office; the head serves it and returns it with endorsement [Section 68, BNSS]

Duties

• A summons must be obeyed; the witness must produce documents if asked [Section 94, BNSS]
• The witness will be excused if he has a valid and urgent reason

Priority

• Criminal courts have priority over civil courts
• Higher courts have priority over lower courts
• If summoned by two courts of the same status, attend the one whose summons arrived first

Punishment for Non-Attendance

1. In a civil case - liable to pay damages
2. In a criminal case - Court may issue notice; if unjustified absence found: fine, imprisonment, or bailable/nonbailable warrants [Sections 206-208, BNS; Section 90, BNSS]

• Intentional non-attendance: imprisonment up to 1 month, or fine, or both [Section 208, BNS]

Conduct Money

• In civil cases: fee (conduct money) is paid at time of serving summons to cover expenses
• In criminal cases: no fee at time of summons; but conveyance charges and daily allowance can be claimed

Q6. Write About Witness (Expert Witness, Hostile Witness) ⭐⭐⭐⭐

Definition of Witness

Types of Witnesses

• A person who gives evidence about facts observed or perceived by himself
• Must show he was capable of perceiving the fact by his own senses, and actually observed it - this is the "first-hand knowledge rule"
• Example: A person who witnesses a traffic accident; a person who saw two people fighting

• A person who is trained, skilled, or has knowledge, experience, or education in a technical or scientific subject, and is capable of drawing opinions and conclusions from observed facts [Section 39, BSA]
• Examples: doctor, firearms expert, fingerprint expert, handwriting expert

• (a) Upon facts admitted or proved at trial
• (b) On matters of common knowledge
• (c) On hypothetical questions - questions based on stated assumptions describing a specific situation

• When describing wounds on a body → common witness
• When stating wounds were antemortem/postmortem or giving cause of death → expert witness

• A witness who is supposed to have some interest or motive for concealing part of the truth, or for giving completely false evidence [Section 227, BNS]
• The court declares a witness hostile on the suggestion of the lawyer of the party who summoned the witness (prosecution lawyer)
• Once declared hostile (adverse), he can be cross-examined by the same side lawyer who summoned him
• Both common witnesses and expert witnesses can be declared hostile