1. LAW - RELATING TO MEDICAL MAN
 Law-personal conduct enforced by the court
 Types
 Common law:- unwritten based on immemorial usage of
conventionscustoms
 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.

2. PRINCIPLES GUIDING THE COURTS
BASIS---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

3. Types of courts contd:-
 Courts having civil jurisdiction
a) District judges
b) Civil judges class I, II, III
 Courts having criminal jurisdiction
Magisterial courts:-
a) Judicial Magistratesect.30
b) Magistrate class I, II, III
 Courts having mixed jurisdiction
Courts 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.

4. ATTENDANCE AT THE COURTMEDICAL 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

5. 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.

6.  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

7. 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.

8.  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 admissible
Exceptions:-
 Non controversial evidence or witness cannot
be produced
 Written documents
 Dying declaration

9. 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.

10. 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

11. 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.

12.  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.

13.  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

14. Medical evidence:- Two parts:–
i) Facts observed. ii)
Inference/conclusions drawn medical
reports certificates through.

15. 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.

16. 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.

17. 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.

18. 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

19. 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

20. 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

21. 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.

22. 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.

23. 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.

24. 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.