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.
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

plaintif.

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 1999.
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 coroners 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 Ofence :
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. 1st Class Judicial Magistrate : 3years

and 10,000 rs

3. 2nd 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
Documentary
Evidences :
Medical certificate

Medico-legal reports

Dying declaration
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.
Dont discuss the case to anyone outside
the court.
Never attempt to memorise.
Use simple language and avoid technical
terms.
Dont underestimate the medical knowledge
of lawyers
Dont avoid a question saying I dont know.
1. First class magistrate can give
punishment up to:

Lifeimprisonment
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
4.Section 176 CrPC deals
with:
Magistrate inquest
Police inquest
Doctor
Lawyer
5.Subpoena is a kind of:
Document
Designation
Court
Body of evidence
6. Leading questions are
allowed in :
Examination-in-chief
Cross-examination
Re-examination
All of the examination
7. under section 304B ,inquest
is conducted by:
Magistrate
Police
Doctor
lawyer
8. if person survives after
giving dying declaration ,then
it:
Becomes useless
It is valid
It has corroborative value
None of the above