LAW - RELATING TO MEDICAL MAN

Law-personal conduct enforced by the court

Types Common law:- unwritten based on immemorial usage of

conventions\customs Statue law:-written-defined-codified-by the assent of

parliament. based on common law or modified in accordance with recent changes.

Criminal law:-personal conduct to be observed by all-total prohibition of some act—enforced by punishment. it exist for better society.

Civil law:-provide remedies for personal sufferings– deal with private rights of individual or group of individuals.

PRINCIPLES GUIDING THE COURTSBASIS---ROMAN LAW

Every person is sane and responsible for his act. Every person is innocent until proved guilty. Benefit of doubt--- in favor of accused

In civil and criminal cases --- great need for medical help

Types of courts Civil courts Criminal courts Sheriat courts

Types of courts contd:-

Courts having civil jurisdictiona) District judgesb) Civil judges class I, II, III

Courts having criminal jurisdictionMagisterial courts:- a) Judicial Magistrate\sect.30 b) Magistrate class I, II, III

Courts having mixed jurisdictionCourts of Session & Additional Session Judge

a) Can hear original as well as appealant cases.b) Can sentence death

High court:-Court of appeal for lower courts

Supreme courts--- Grant special leave to appeal against high court.

ATTENDANCE AT THE COURT\MEDICAL EVIDENCE

Principles of evidence :-Confined to the matter in issue.Hearsay evidence must not be admitted.Best evidence must be given.

Evidence act — three parts, eleven chapters

TYPES OF EVIDENCE

Oral evidence:- All statements made before the court by the witness in relation to matters of facts under inquiry.

Documentary evidence:- All documents produced before the court.

Two types:- Primary:- Original documents Secondary:- Means -certified copies -copies made from the original by

mechanical process -copies compare with the original.

Documents must be proved by primary evidence

FACT:-Means

-Anything perceived by senses.

-Mental condition of which any person is conscious

Direct evidence:- Evidence given by a person perceived by his own

senses

TYPES OF EVIDENCE Cont:-

Circumstantial evidence:- A fact from which some other fact is inferred.

Inceptive evidence:- Evidence on which the investigation is based.

Corroborative evidence:- Comes after a successful investigation.

Purpose to lay before the court what the witness knows.

Evidence must be given in person, orally in the presence of accused.

Hearsay evidence --- not admissibleExceptions:- Non controversial evidence or witness cannot

be produced Written documents Dying declaration

Grounds of admissibility for dying declaration are:-

- Injured person dead, cannot be produced in court

- Impending death impels to speak truth

If death imminent – No time for dying deposition – Dying declaration by any credible – Dr. the most suitable person.

Conditions for valid dying declaration are:- Criminal case of homicide Circumstances of death should be subject of

declaration. Declaration in deceased own words The person having no hope of recovery Should be signed by the person if possible. In the presence of two witnesses. Send to illaqa magistrate In sealed envelope. No legal value if person survives

Dying depsition:- Deposition – statement on oath in the presence of accused.

Dying deposition - Statement of a dying person. Court goes to the sick person. Legally stands if the patient survives

Summon:-Order of the court to attend the court at a certain date & time with reference to matter under discussion.

Warrant:-Written order to arrest an offender or to search a premises.

Procedure of evidence:- evidence – testimony – three stages Examination-in-chief:- Conducted by the party

who produces the witness. No leading questions.

Cross-examination:- Conducted by the defense. Required to test:-

i) Credibility ii) Occurrence iii) Facts-which may be omitted. Leading questions allowed.

Re-examination:- Rectify discrepancies which may occur during cross examination.

Court can ask questions during any stage.

Witness :- Two types

Common :- Testify the facts

Expert :- Trained person – draw conclusions

from the facts observed.

Medical Dr. – common as well as expert witness

Medical evidence:- Two parts:–i) Facts observed. ii) Inference/conclusions

drawn medical reports certificates through.

PRINCIPLES GUIDING THE MEDICAL PRACTITIONER IN GIVING EVIDENCE

Integral part in justice – skilled witness, well dressed & well behavior.

1 – familiar with case – bring the record.2 – speak freely, clearly – simple language.3 – listen the questions carefully.4 – always address towards court.5 – check the record carefully.

6 – if not agree with a suggestion, disagree firmly, but politely.

7 – if does not know the answer admit his inability.

8 – should be impartial.

9 – Leave the court with permission.

10 – Question of fee (conduct money)- should solved before leaving the court.

TESTAMENTARY CAPACITY

Capacity to make a valid will.Conditions:- 1 – Testator must be a major. 2 – Sound disposing mind --- lucid interval. 3 – Understand the nature & consequence. 4 – Reason for his action. 5 – Executing voluntary without any undue

influence. 6 – Sign in the presence of two witnesses –one

medical man. 7 – None of the witnesses beneficiries.

CRIMINAL LAW

Three stages of development:-

Stage – 1:- At the individual level.

Stage – 2:- Society become visible.

Stage – 3:- Mental health & responsibility.

Mens-rea ----------- Evil thoughts

Actus-reus ---------- Evil actions

FACTORS AFFECTING RESPONSIBILITY

Insanity – raised as defense – 3 possibilities

1-Completely absolved of guilt.

2-Diminish responsibility.

3-Temporary suspension of Criminal Proceedings.

INSANITY- ACTUS REUS PRESENT- MENSREA ABSENT

McNAUGHTAN’S RULE --- 1843

To establish defense of insanity, it must be clearly proved that “At the time of committing the act, the accused was laboring under such a defect of reason from disease of mind, has not to know the nature & quality of act he was doing or if he did know it, he did not know he was doing was wrong” – also named as “right from wrong test”. This test has

been criticised – fails to exculpate truly diseased mind.

American’s replaced – “Irresistible impulse test” or “Policeman at the shoulder test”.

Durham’s rule (1954) – “An accused is not responsible if his unlawful act is product of mental disease or mental defect”. - Intoxication and criminal intent.

- Age and criminal intent.

POSTULATED IN CRIMINAL PROCEDURE

Sect. – 82:- Nothing is an offence which is done by a child under the age of 7 years.

Sect. – 83:-Nothing is an offence which is done by a child above 7 &

below 12 years age & has not attained sufficient maturity of

understanding to judge the nature & consequences of his conduct.

Sect. –84:- Nothing is an offence done by a person who, at the time of doing

it by reason of unsoundness of mind, is capable of knowing the

nature of act, or that he is doing what is either wrong or contrary

to law.

Sect. –85:-Nothing is an offence which is done by a person, who at the time of doing it, is by reason of intoxication is incapable of knowing the nature of act, or that he is doing is either wrong or contrary to law, provided that the thing which intoxicated him was administered to him without the knowledge or against his will.