Escolar Documentos
Profissional Documentos
Cultura Documentos
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
Police inquest
Magistrate inquest
Police inquest (CrPC
174) :
By police officer usually sub inspector.
Or
By medical practitioner
Cognisable
Non-cognisable
Cognisable Ofence :
It is an offence in which the police officer can
arrest a person without the warrant from the
magistrate.
: Solitary confinement
: Simple
Forfeiture of property
Fine
Sub= under
Poena=penalty
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.
If
the declarant survives, it is not
valid, but it has the corroborative
value.
Common witness
Expert witness
Common witness:
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:
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: