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Agadtantra Part B-1

The document discusses the historical relationship between medicine and law, highlighting ancient texts like Manusmriti and Samhitas that laid the foundation for forensic medicine and medical jurisprudence. It outlines the evolution of legal codes in India, including the Indian Penal Code, Indian Evidence Act, and Criminal Procedure Code, detailing their significance and structure. Additionally, it covers various aspects of forensic medicine, including types of evidence, witness categories, and identification methods, emphasizing the medico-legal implications of age and sex determination.
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0% found this document useful (0 votes)
18 views25 pages

Agadtantra Part B-1

The document discusses the historical relationship between medicine and law, highlighting ancient texts like Manusmriti and Samhitas that laid the foundation for forensic medicine and medical jurisprudence. It outlines the evolution of legal codes in India, including the Indian Penal Code, Indian Evidence Act, and Criminal Procedure Code, detailing their significance and structure. Additionally, it covers various aspects of forensic medicine, including types of evidence, witness categories, and identification methods, emphasizing the medico-legal implications of age and sex determination.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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iii) Manusmriti: (200 B.C.

)
chapter i: introduction - Manu was the first and foremost traditional King who gave disciplined laws to the
country.
- He explained about:
Principles of the King, protection of the people, court laws, witness, false witness,
 Definitions false statements, false oath, parameters for punishments for different types of
 Vyavahara crimes.
- The factor which makes the person able to have the discrimination power - He also explained some subjects related to Vyavahara Ayurveda such as sexual
between true & false subjects which in turn enhances the faith of an individual offences, rape and marital relations.
for Dharma and helps to achieve its goals & visions is called as Vyavahara.
iv) Samhitas:
- According to Acharya Manu, winning of justice during prosecution in the Ancient Ayurvedic texts such as Charaka Samhita & Sushruta Samhita have described
court is known as Vyavahara. the ethical & social status, responsibilities, duties, qualities & skills of a good
physician.
- ‘Vyavahara Ayurveda’ is a coined term to imply the meaning of
‘Forensic Medicine’. B) Modern Era:
- ‘Vidhivaidyaka’ is a coined term to imply the meaning of In 16th-century Europe, medical practitioners in army and university settings began
‘Medical Jurisprudence’. to gather information on the cause and manner of death. Ambroise Paré, a French
army surgeon, systematically studied the effects of violent death on internal organs.
 Forensic Medicine Two Italian surgeons, Fortunato Fidelis and Paolo Zacchia, laid the foundation of
Forensic medicine is defined as the application of medical & para-medical modern pathology by studying changes that occurred in the structure of the body as
knowledge in the administration of law and justice. the result of disease. In the late 18th century, writings on these topics began to
appear.
 Medical Jurisprudence The first chair of professor Medical Jurisprudence in India was established in 1857 at
Medical jurisprudence is the subject dealing with the aspect of the law Madras Medical College.
concerning medical practice & knowledge. The Indian Penal Code (IPC) came into existence in 1860, the Indian Evidence Act in
1872 and the Criminal Procedure Code (CPrC) in 1974.

 History of Vyavahara Ayurveda & Vidhivaidyaka


A) Ancient Era:  Indian Penal Code (IPC)
Medicine and law have been related from the earlies times. - Act ID = 186045
References are found in the Vedas, Kautilya Arthashastra, Manusmriti, and also in - Enactment Year = 1860
some Ayurvedic texts like Charaka Samhita & Sushruta Samhita. IPC is the official criminal code of India. It is a comprehensive code intended to cover
all substantive aspects of criminal law.
i) Vedas: - (2000-1000 B.C.) IPC has 23 chapters and comprises 511 sections.
- Rudra & Varuna have implemented the law & order.
- Descriptions about the laws in relation to medicine.
- Atharvaveda gives details how to cure wounds, poisoning & snake bites.  Indian Evidence Act
- Act ID = 18721
ii) Kautilya Arthashastra: (300 B.C.) - Enactment Year = 1872
It mainly explains about Danda niti which incorporates laws & disciplines which help The Indian Evidence Act contains a set of rules governing admissibility of evidence in
in the execution of punishment. the Indian courts of law. The enactment and adoption of the Indian Evidence Act was
a path-breaking judicial measure introduced in India, which changed the entire
system of concepts pertaining to admissibility of evidences in the Indian courts.
Until then, the rules of evidences were based on the traditional legal systems of
different social groups and communities of India and were different for different chapter ii: legal procedures
people depending on caste, community, faith and social position. The Indian
Evidence Act introduced a standard set of law applicable to all Indians.
Indian Evidence Act, 1872 has eleven chapters and 167 sections.
 Inquest
Inquest is the inquiry of the cause of death which apparently did not occur naturally.
 Criminal Procedure Code (CrPC)
- Act ID = 19742  Types: - 3
- Enactment Year = 1974 1) Coroner’s Inquest
CrPC is the main legislation on procedure for administration of substantive criminal 2) Magistrate Inquest
law in India. It was enacted in 1973 and came into force on 1 April 1974. It provides 3) Police Inquest
the machinery for the investigation of crime, apprehension of suspected criminals,
collection of evidence, determination of guilt or innocence of the accused person and
the determination of punishment of the guilty. 1) Coroner’s Inquest:
CrPC has 37 chapter and 484 sections, 2 schedules and 56 forms. A special officer known as the Coroner is appointed by the government
who is an advocate with 5 years of experience. A Coroner is usually
- Section 53: Examination of accused by medical practitioner at the request of present in metropolitan cities.
policer officer
i) When a person is arrested on a charge of committing an offence of such a nature 2) Magistrate Inquest:
and alleged to have been committed under such circumstances that there are Magistrate inquest is usually done by an executive magistrate such as
reasonable grounds for believing that an examination of his person will afford Collector, Deputy Collector, etc.
evidence as to the commission of an offence, it shall be lawful for a registered It is done in case of:
medical practitioner, acting at the request of a police officer not below the rank of - Death in police custody
sub-inspector, and for any person acting in good faith in his aid and under his - Deaths due to police firing
direction, to make such an examination of the person arrested as is reasonable - Death in prison
necessary in order to ascertain the facts which may afford such evidence, and to use - Exhumation
such force as is reasonably necessary for that purpose.
3) Police Inquest:
ii) Whenever the person of a female is to be examined under this section, the The police officer on receipt of information of death has following duties:
examination shall be made only by, or under the supervision of, a female registered - He should proceed to the place of occurrence, hold an enquiry into the
medical practitioner. matter, in presence of the respectable men of the locality (Panchas).
- Investigation of the case.
- Section 53A: Examination of person accused of rape by medical practitioner
- Report: Description of the body, weapon used, etc.
When a person is arrested on a charge of committing an offence of rape or an
- All the facts & circumstances relating to the death, as observed by the
attempt to commit rape and there are reasonable grounds for believing that an
Panchas, is recorded on paper, which forms a document called the
examination of his person will afford evidence as to the commission of such offence,
Pancha-Nama / inquest report.
it shall be lawful for a registered medical practitioner employed in a hospital run by
the Government or by a local authority and in the absence of such a practitioner
within the radius of sixteen kilometers from the place where the offence has been
committed by any other registered medical practitioner, acting at the request of a
police officer not below the rank of a sub-inspector, and for any person acting in
good faith in his aid and under his direction, to make such an examination of the
arrested person and to use such force as is reasonably necessary for that purpose.
 Evidence / Medical Evidence (Chikitsaka Sakshi)  Courts & their Powers
 Types: - 2 The Criminal Courts in India are as follows:
1) Oral evidence:
a) Direct / First hand evidence a) The Supreme Court – it is the highest tribunal for the country and is established in
b) Indirect / Second hand evidence New Delhi. It can pass any sentence.
Oral evidence is generally superior to documentary evidence.
b) The High Court – it is the highest tribunal for the state and is situated generally in
2) Documentary evidence: the Capital of every state. It is empowered to trial any offence and pass any sentence
a) Medical certificate: authorized by the law.
- Must be from a registered medical practitioner.
- It is an offence to issue false certificates; punishment for the doctor in c) The Sessions Court – it is located in each head-quarter of a district and is therefore
case where a false certificated is may lead to imprisonment up to 3 also called the District Sessions Court. It can pass any sentence authorized by the law,
years; a registered medical practitioner issuing a document under his including death sentence which should be confirmed by the High Court.
name & authority or signed by him, which is false, misleading or
improper, is liable to have his name struck off from the medical register. d) The Courts presided over by Magistrates:
- Metropolitan Magistrate / Chief Judicial Magistrate – can pass imprisonment up to
b) Medico-legal reports: 7 years, fine without limit.
- It is drawn by a medical officer in compliance of a requisition received - First Class Magistrate – can pass imprisonment up to 3 years, fine up to Rs. 5000.
from a Magistrate or a Police officer.
- Medico-legal report may pertain to injury, age, sexual offences or - Second Class Magistrate – can pass imprisonment up to 3 years, fine up to Rs. 1000.
death.

c) Dying declaration:
- It is a verbal or written statement made by a person narrating the cause  Oath (Shapatha)
of his / her condition or any of the circumstances resulting in death. - An oath is a commitment made to the witness’s deity or on their holy book.
- A witness must take the oath prior giving his / her statement. A statement given by
 Witness a person who did not take the oath is not admissible to the Court of Law, except
 Types: - 3 when a person is below 7 years of age or when the person is called for an expert
1) Common witness: opinion.
It is the person who narrates what he / she has perceived regarding the - Oath:
ongoing case and states his / her observation. “I do (swear in the name of God/solemnly affirm) that what I shall state shall be the
truth, the whole truth, and nothing but the truth.” (India)
2) Expert witness: “I solemnly affirm that the evidence that I shall give shall be the truth, the whole
It is the person who, on account of his / her special professional training truth, and nothing but the truth.” (South-Africa)
& skill, is capable of giving an opinion or deducing inferences from the
available facts regarding the ongoing case.

3) Hostile witness:  Summon


It is the person who, with definite motive, gives only part of the truth or A summon is a command issued by a Court generally to an accused person or to a
false evidence regarding the ongoing case. witness, whose attendance is required in the court.
It may also concern a registered medical practitioner (or any other individual) if his /
her special professional training & skill is required.
iii) Age
chapter iii: personal identity For the determination of age, the following data should be collected:

▪ Height & weight:


These are no very reliable means of estimating the age of an individual.
 Identification Comparison of the person’s measurement with standard height & weight charts will
Identification is the determination or establishment of the identity of a person only give a rough idea of the age.
whether living or dead. In case of foetus or newborn child, height & weight are of greater importance.

Types: - 2 ▪ Number of teeth:


i) Complete / Absolute: Exact determination of the identity of a person. Teeth form a reliable means of estimating the age of an individual up to 25 years
ii) Incomplete / Partial: Incomplete determination of the identity of a person. because different teeth erupt at different definite ages.
Types of teeth:
Medico-legal Aspects: a) Temporary milk teeth (20)
Identification is required in following circumstances or case: b) Permanent teeth (32)
- Suspected foul play resulting in death
- Assault or rape TEETH TEMPORARY PERMANENT
- Disputed sex CENTRAL INCISORS Lower - 6th month 7th year
- False personification (e.g. to secure property, insurance, pension) Upper - 7th month 8th year
- Fragmented remains of human bodies (e.g. mass fatalities – explosions, LATERAL INCISORS Lower - 9th month 9th year
Upper - 10th month 9th year
accidents of railways, ships, airplanes)
CANINES 18th month 10th - 12th year
ANTERIOR PREMOLARS Absent 10th - 12th year
POSTERIOR PREMOLARS Absent 10th - 12th year
Important Factors for the Establishment of Identification: FIRST MOLARS 12th month 6th - 7th year
SECOND MOLARS 2nd year 12th - 14th year
i) Race: THIRD MOLARS Absent 16th - 25th year
By following characters one can establish an idea of the person’s race: (WISDOM TEETH)

Data for Identification Example


Clothes Dhoti, Kurta indicates towards Indian ▪ Examination of lower jaw:
Complexion Fair = Westerners, Black = Negros, Dark skin = Indian / Nepali / Sri Lanka, etc. A lower jaw has 2 angles:
Scalp Hair Blonde = more common in western countries, Black = India, Dark & Curly = Negros a) Medico-legal angle
Eyes Blue = more common in western countries, Dark eyes of Indians It is obtuse in children, and about a right angle in adults. In old age, it becomes
Lips Big full lips of a Negro obtuse due to loss of teeth & absorption of alveolar process.
b) Anatomical angle: It determines the sex.
ii) Sex - Mental foramen: It is close to the inferior border in infancy. It is midway between
- Sex determination seems easy, but may cause challenges in cases of upper and lower border in adults. It comes closer to the upper border in old age due
hermaphrodites, concealed sex, decomposed bodies & skeletal remains. to alveolar process after falling of teeth.
- The person having varying proportions of both male & female characters is called
hermaphrodite. ▪ Stage of ossification of bones & epiphysio-diaphyseal union of long bones:
- Data for identification: Features & facial appearances, length of scalp hair, size & X-ray is one of the most important factors for the purpose of determination of age. It
shape of lips, clothes, breast, vagina, uterus, penis, prostate helps to examine development of union between diaphysis & epiphysis of long bones
- To determine true sex: External examination, Examination of internal organs, and ossification of bones.
Gonadal biopsy, Study of sex chromosomes
▪ Some other signs for determination of age are: vii) Poroscopy
Hair in pubic region or axilla, moustache & beard, voice, menstruation, grey hair, The papillary ridges of the skin of the fingers contain minute pores which are the
wrinkles on the face, etc. openings of the ducts of sweat glands. These are permanent and vary in size, shape,
portion & number over the given length of ridges in each individual which helps in
Medico-legal importance of age establishing identity.
- Criminal responsibility and judicial punishment This method of identification is known as Poroscopy.
- Marriage contract
- Kidnapping
- Rape viii) Foot prints
- Infanticide Just like a finger print, the foot also gives and impression called as foot print which is
- Criminal abortion useful in identification. The skin patterns of toes & heels are as distinctive as those of
- Competency as witness the fingers.
- Eligibility for employment While examining foot prints, deformities such as web feet, flat feet and
supernumerary toes, etc. help in identification of a person.

iv) Scars
A scar is the formation of fibrous tissue as an outcome of the repair process after an ix) Tattoo-marks
injury. It has great value in identification of a person. Following factors of a scar - Design, colour, size & exact anatomical situation of the tattoo should be examined.
should be examined: - A tattoo may indicate towards the name of the person or a loved person.
Anatomical situation, Size, Shape, Colour, Consistency, Tenderness - It may give suggestion about the person’s language.
- It may give a clue regarding race or religion.
- Figures of naked women or indecorous female figures indicate the interest of sex.
v) Anthropometry
The measurements of various parts of the body is called Anthropometry or Bertillon
system. It is based on the principle that after the age of 21 years, the skeleton stops x) Deformities
growing. Therefore, the measurements of the body parts remain constant and no Deformities are a burden for the individual, but they are useful for the purpose of
two persons will have bones of identical dimensions. identification.
Disadvantages: Only applicable to adults, Errors in taking measurements,
Many instruments are required for recording the measurements. Types: - 2
a) Congenital: Cleft palate, hare lip, irregular or protruding teeth, moles,
supernumerary fingers or toes, flat feet, web feet
vi) Dactylography
Dactylography is also known as Galton system or Finger Print system. b) Acquired: Surgical wounds, amputations, mal-united fractures, filling of teeth
A finger print is the impression of the ball of the finger. It is based on the
arrangement of papillary ridges on the skin.
No two persons are having identical prints. These prints can easily be taken on paper xii) Miscellaneous data
by ink. Laundry marks, tailors name marks on clothes, jewels, visiting card, watch, etc. may
Types: a) Plain finger print; b) Rolled finger print help in identification of a person.
By the finger print a complete & correct identification of the individual is possible.
 Forensic Odontology  DNA Profiling
Introduction: Introduction:
- Forensic Odontology / Forensic Dentistry is a branch of forensic medicine dealing - DNA profiling (also called DNA fingerprinting) is the process of determining an
with teeth and marks left by teeth for identifying criminal suspects or the remains of individual's DNA characteristics.
a dead person.
- DNA profiling is a forensic technique in criminal investigations, comparing criminal
- Forensic dentistry is the proper handling, examination and evaluation of dental suspects' profiles to DNA evidence so as to assess the likelihood of their involvement
evidence, which will be then presented in the interest of justice. in the crime.

Responsibilities: - Although 99.9% of human DNA sequences are the same in every person, enough of
- Forensic dentists are responsible for six main areas of practice: the DNA is different that it is possible to distinguish one individual from another,
i) Identification of found human remains unless they are monozygotic (identical) twins.
ii) Identification in mass fatalities
iii) Assessment of bite mark injuries Process:
iv) Assessment of cases of abuse The process, developed by Glassberg and independently by Jeffreys, begins with a
v) Civil cases involving malpractice sample of an individual's DNA (typically called a "reference sample"). Reference
vi) Age estimation samples are usually collected through a buccal swab. When this is unavailable other
methods may be needed to collect a sample of blood, saliva, semen, vaginal
- The evidence that may be derived from teeth is the age (in children) and lubrication, or other fluid or tissue from personal use items or from stored samples.
identification of the person to whom the teeth belong. This is done by using dental A reference sample is then analyzed to create the individual's DNA profile. The DNA
records including radiographs, ante-mortem (prior to death) and post-mortem (after profile is then compared against another sample to determine whether there is a
death) photographs and DNA. genetic match.
The other type of evidence is that of bite marks, left on either the victim (by the
attacker), the perpetrator (from the victim of an attack), or on an object found at the Extraction of DNA:
crime scene. When a sample such as blood or saliva is obtained, the DNA is only a small part of
what is present in the sample. Before the DNA can be analyzed, it must be extracted
from the cells and purified. There are many ways this can be accomplished, but all
methods follow the same basic procedure. The cell and nuclear membranes need to
 Forensic Serology be broken up to allow the DNA to be free in solution. Once the DNA is free, it can be
Introduction: separated from all other cellular components. After the DNA has been separated in
- Forensic serology is the detection, identification, classification, and study of various solution, the remaining cellular debris can then be removed from the solution and
bodily fluids such as blood, semen, saliva, urine, breast milk, vomit, fecal matter and discarded, leaving only DNA. The most common methods of DNA extraction include
perspiration, and their relationship to a crime scene. organic extraction (also called phenol chloroform extraction), Chelex extraction, and
solid phase extraction.
- A forensic serologist may also be involved in DNA analysis and bloodstain pattern
analysis.

- Serology testing begins with presumptive tests which gives the analyst an indication
that a specific bodily fluid may be present, but cannot completely confirm its
presence. Following the presumptive tests, are the confirmatory tests that confirms
what the unknown substance actually is.
1) Immediate signs of Death:
chapter iv: death & its medico-legal a) Absolute cessation of circulation for more than 5 minutes.
- It is tested by absence of pulse in the peripheral arteries & absence of heart sounds
aspects on auscultation.
- Magnus test = When a ligature is tied tightly around the base of a finger, it does not
swell beyond the ligature or becomes blue and swollen if the circulation has ceased.
- Icardi test = Hypodermic injection of fluorescin does not produce any discolouraton
 Death (Mrityu) of the skin.
- Death is the permanent ending of vital processes in a cell or tissue.
- Death may be defined as completed and persistent cessation of circulation and b) Diaphanous test = Webs of fingers in a living person appear to have a scarlet red
respiration. glow when held against strong light, while it is dull and yellow after death.
- A somatic death is the condition in which there is complete stoppage of action of
heart, lungs and brain. c) Absolute cessation of respiration for more than 5 minutes.
- A molecular death is the condition of individual cells of the tissues of the body, - Hold a cool bright mirror in front of the mouth and nose. If the person is breathing,
which takes place after some time of somatic death. deposit of moisture of breath will make the surface of the mirror hazy.
- Winslow’s test = Place a basin of Hg or a mirror on the chest or abdomen and focus
Types of Death: light on its surface. The reflected spot of light will move up and down in a breathing
1) Syncope individual.
- Failure of circulatory system
- Syncope death results from stoppage of heart’s action. 2) Early signs of Death:
a) Changes in the eyes:
2) Asphyxia Eyes lose their luster. The tension of eye balls is lost. Cornea becomes hard and
- Failure of respiratory system opaque. Pupillary corneal and conjunctival reflexes are lost.
- Asphyxia is a condition arising when the body is deprived of oxygen, causing
unconsciousness or death; suffocation. b) Changes in the skin:
Skin loses its luster, elasticity, colour and becomes pale.
3) Coma
- Failure of brain function c) Loss of temperature and cooling of body:
- A coma is a deep state of prolonged unconsciousness in which a person -Once death occurs, the body heat decreases because of oxidation has stopped.
cannot be awakened; fails to respond normally to painful stimuli, light, or - The body assumes the temperature of the medium in which it is placed.
sound; lacks a normal wake-sleep cycle; and does not initiate voluntary - Body temperature decreases by 0.4° C per hour after death.
actions. A coma patient is not termed as dead, but coma often leads to brain - The term post-mortem caloricity is used when after death the body, instead of
death. coming down to normal temperature, shows a rise of temperature which persists for
1-2 hours.
This happens in conditions like tetanus, injury to nervous system, strychnine
Modes of Death (Prakara): poisoning, etc. due to the action of micro-organisms in the living tissues and body
1) Natural fluids and the chemical changes after death.
2) Unnatural
3) Accidental d) Post-mortem (P.M.) stain:
- It is a purple discolouration appearing within 30 minutes to 2 hours after death as a
Signs of Death (Mrityu-Chihna): result of gravitational movement of blood within the vessels.
1) Immediate signs (Changes occur up to 12 hours) - The blood tends to go into the capillaries of the most dependent parts of the body
2) Early signs (Changes occur within 12-24 hours) at the particular position and causes distension of the minute capillaries leading to
3) Late signs (Changes occur after 24 hours) purplish-red areas on the skin.
- Synonyms: Post-mortem hypostasis, Post-mortem lividity, Post-mortem suggillation
- Medico-legal importance: 3) Late signs of Death:
P.M. stain generally first manifest after 1 hours of death; maximum manifestation a) Putrefaction:
occurs between 4-6 hours. - Putrefaction is also known as decomposition.
During this time, alteration of the body’s position will change the position of P.M. - It is a certain sign of death.
staining, but the area of staining does not shift after this period. - It is the change of the body from organic state to inorganic state.
P.M. staining is a reliable sign of death. It indicates the time passed since death - It is done by two processes:
occurred. i) Autolysis:
Sometimes the colour also indicates the cause of death; for example: After death, enzymes release from cells of the tissues. They soften and liquefy
- Asphyxia = Bluish-violet or purple the body. This is known as autolysis. It commences after 3-4 hours after death
- Carbon monoxide poisoning = Cherry red and continues for 2-3 days or even longer.

ii) Bacterial action:


The large variety of enzymes produced by bacteria acts on carbohydrates,
-> Cadaveric Spam:
proteins and fats. Conditions like warmth, moisture or air are favourable for
Cadaveric spasm, also known as post-mortem spasm, instantaneous rigor, cataleptic rigidity, bacterial growth and accelerate the onset & progress of putrefaction.
or instantaneous rigidity, is a rare form of muscular stiffening that occurs at the moment of Bacteria produce lecithinase which hydrolises all cell membranes, including
death and persists into the period of rigor mortis. blood cells. Thus the putrefaction and hemolysis of blood initiates.
During life, micro-organisms are present in large number in the large
- Medico-legal importance:
intestine. Short after death, they spread throughout the body. Organs which
It is a dependable sign of death.
are nearest to the bacterial source and have the greatest blood supply
It gives information about time and mode of death.
putrefy first.
It gives information about position of the body at the time of death unless disturbed.
b) Saponification:
- Saponification is also known as adipocere.
-> Cadaveric changes in muscles: - It appears like soft wax, so it is called adipocere (adipos = soft; cera = wax).
- It is a modification of putrefaction.
a) Primary relaxation / Stage of flaccidity
- It occurs due to conversion of unsaturated liquid fat to saturated solid fat.
Primary relaxation is the stage in which all the muscles of the body become flaccid, - Warm temperature, air & moisture are required for saponification.
extremities become soft and flabby, joints relaxed. However, the muscles are contractile to - Adipocere is a yellowish, white, greasy, wax-like substance with a rancid
external stimulus. smell. It floats on water.
- It helps in identification of a person because external features get preserved.
- It gives an indication of cause of death as injuries are preserved.
b) Rigor mortis (Latin: rigor "stiffness", mortis "of death"), - It gives an indication on time passed since death.

Rigor mortis or post-mortem rigidity, is one of the recognizable signs of death, characterized
c) Mummification:
by stiffening of the limbs of the corpse caused by chemical changes in the muscles post-
- Mummification is a modification of putrefaction.
mortem. It takes 1-2 hours for the complete establishment of rigor mortis and continues for
- After some time, putrefaction stops and the body undergoes
a period of 24 hours.
mummification.
- It is characterized by dehydration or desiccation of body tissues and viscera.
- High atmospheric temperature devoid of moisture, free circulation of air
c) Secondary relaxation
around the body are required for the process mummification.
Secondary relaxation of muscles occurs after rigor mortis. The body becomes soft and flaccid - A mummified body is shriveled, odourless, very dark in colour. Weight is lost,
again, but does not respond to external stimulus. skin becomes hard, dry & leathery. Viscera are also dark and shrunken.
- It gives an indication of cause of death as injuries are preserved.
- It gives an indication on time passed since death.
Time since Death (Mrityu-Kala Nirnaya):  Medico-Legal Autopsy
The time since death is determined by: Autopsy is a post-mortem examination of a body to determine the cause of death or
the character and extent of changes produced by a disease.
▪ Warmth or cooling of the body It is also called Necropsy.
Body temperature decreases by 0.4° C per hour after death.
Chief Objectives:
▪ Post-mortem (P.M.) stain ▪ To establish identification.
- It is a purple discolouration appearing within 30 minutes to 2 hours after death as a ▪ To know the time since death.
result of gravitational movement of blood within the vessels. ▪ To know the cause of death (natural or unnatural).
- The blood tends to go into the capillaries of the most dependent parts of the body ▪ To know the nature of death (accidental, suicidal, homicidal).
at the particular position and causes distension of the minute capillaries leading to
purplish-red areas on the skin.
- Synonyms: Post-mortem hypostasis, Post-mortem lividity, Post-mortem suggillation Rules:
▪ Autopsy should be conducted in a mortuary.
- Medico-legal importance: ▪ Unauthorized persons are not allowed to be present.
P.M. stain generally first manifest after 1 hours of death; maximum manifestation ▪ It should be conducted by an official order from police or magistrate.
occurs between 4-6 hours. ▪ It should be done without much delay.
During this time, alteration of the body’s position will change the position of P.M. ▪ It should be in during day time.
staining, but the area of staining does not shift after this period. ▪ A complete autopsy should be done in all cases and even when the body is
P.M. staining is a reliable sign of death. It indicates the time passed since death decomposed.
occurred. ▪ Details of examination should be noted by an assistant during the autopsy.
▪ Identity should be established.
▪ Rigor mortis (Latin: rigor "stiffness", mortis "of death")
Rigor mortis or post-mortem rigidity, is one of the recognizable signs of death,
characterized by stiffening of the limbs of the corpse caused by chemical changes in External examination:
the muscles post-mortem. It takes 1-2 hours for the complete establishment of rigor ▪ Age, sex, height, moles, tattoo marks, etc. should be noted.
mortis and continues for a period of 24 hours. ▪ Clothes should be examined for stains, tears, etc.
▪ Time since death should be determined.
▪ Decomposition ▪ Hands should be examined for cadaveric spasm.
Progress of decomposition helps in determining the time passed since death. ▪ Presence of injection marks or indications of diseases must be noted.
Five stages of decomposition are typically recognized: fresh, bloat, active decay, ▪ Natural orifices are examined for foreign bodies, injuries, etc.
advanced decay, and dry/skeletonized. ▪ Presence of froth and smell about mouth and nose should be noted.
▪ Description of external wounds, fractures and dislocations.
▪ Saponification & Mummification give information about approximate time of death. ▪ List of articles removed from the body.
▪ Degree of digestion of stomach contents.
▪ Condition of bowl and bladder.
Internal examination:
▪ Skin incision from chin to symphysis pubis in midline, recti muscles cut, cut costal
cartilages at their junction with ribs to open the chest.

▪ Stomach is removed after applying double ligatures at each end.

▪ Intestines are removed after tying both ends.

▪ Heart is removed and examined by opening in the direction of blood flow.


▪ Head incision is made in the scalp from behind one ear to the other, passing over  Injuries / Wounds
the vertex. Scalp is reflected forwards and backwards, and the skull is sawed - An injury, also known as physical trauma, is damage to the body caused by an
horizontally from the center of the forehead to the base of mastoid process, then to external force.
a point a little above external occipital protuberance. The dura mater is cut at the - A wound is an injury to the body that typically involves laceration or breaking of a
level of skull division. The falx cerebri is cut, the vessels and nerves at the base are membrane (such as the skin) and usually damage to underlying tissues.
cut and then tentorium is cut. The cervical cord is cut and brain is removed. Brain is
cut by a single incision passing the midline of the cerebrum. It is then examined by - An injury is also defined as:
making anterior & posterior incisions. “Any interruption of the continuity of an external or internal surface caused by
violence.”
Preservation: “Any harm whatsoever illegally caused to any person in body, mind, reputation or
Following structures must be preserved: property.”
▪ Lungs, heart, stomach & its contents
▪ Upper part of small intestines & its contents
▪ Liver (1/2 kg)  Classification:
▪ One kidney 1) Slight
▪ Blood (100 ml) 2) Dangerous
▪ Urine (100 ml) 3) Grievous

Rectified spirit is the preservative which is used in all poisons except in cases of 1) Slight:
alcohol, acetic acid, phenol, phosphorus, paraldehyde. In such conditions, saturated Slight or simple injury is an injury of a minor character such as a sprain, bruise
solution of sodium chloride is used. or cut which are not judged to be severe, or slight shock.

▪ Stomach & intestines are openly placed in one bottle. 2) Dangerous:


▪ Liver & kidney are cut into small pieces and preserved separately. Dangerous injury is an injury which endangers life due to damage to
▪ Blood & urine are filled in separated bottles. important organs or structures.
▪ Bottles are labelled with data of the victim and are properly sealed.
▪ A sample of preservative is kept in a separate bottle. 3) Grievous:
▪ All kept in one box and locked. Grievous injury is an injury which may or may not endanger life, but causes
▪ Viscera are sent to the chemical examiner. A copy of inquest letter and post- severe bodily pain or deformity which interferes the individual’s normal
mortem report are also to be sent. pursuits for 20 days or longer; it also includes permanent deformities or
▪ Viscera are analyzed only when the magistrate gives authorization to the chemical damages of the body.
examiner.

 Types:
 Exhumation 1) Abrasion
Exhumation is a lawful act of taking out an already dead body from the grave for the 2) Contusion
purpose of identification or autopsy with or without chemical examination of viscera. 3) Laceration
4) Incised wound
▪ It is done under order of appropriate officers, in the presence of a police officer. 5) Stab wound
▪ It can be ordered by a coroner who is especially empowered to do so. No police 6) Firearm wound
officer of any rank or grade can order an exhumation.
▪ It should be carried out during early morning.
▪ The body has to be identified by as many persons as possible before sending to
post-mortem examination.
▪ Medical officer is required for doing medico-legal, post-mortem examination.
1) Abrasion 4) Incised wound
- An abrasion is an injury to the skin, resulting from scraping away of the Incised wounds are produced by objects having sharp cutting edges such as
superficial layers of the skin. knife, razor, etc.
- Depending on the manner in which abrasions are caused, they are classified
into the following varieties: - An incised wound can be caused by three ways:
a) Scratch a) Striking
b) Graze b) Drawing
c) Pressure abrasion c) Sawing
d) Impact abrasion
- The edges of incised wounds are regular, clean-cut, retracted and everted,
- Nature of injury, site of impact and direction of force can be identified. except in neck and scrotum.
- Nature of crime may be inferred from the site of injury. - Length is the greatest of the three dimensions.
- Patterned abrasions are useful to identify the causative object. - Incised wounds may be homicidal, suicidal, accidental or may be inflicted by
oneself or another person.
2) Contusion
- Contusions / Bruises are caused due to rupture of blood capillaries leading
to discolouration of skin / patch formation. 5) Stab wound
- Contusions may also be defined as an effusion of blood into the tissues due Stab wounds / Punctured wounds are a specific form of trauma which is
to rupture of sub-cutaneous blood vessels. usually caused by the sharp-pointed piercing and stabbing weapons such as
- Contusions are generally caused by the impact of blunt force such as stones, knives, dagger, bayonet, spear, etc.
sticks, fist, etc. When a stab wound enters into a body cavity, it is called ‘penetrating wound’.
- The size of contusion may vary largely depending on the impact area of the When a stab wound pierces through the body, it is called ‘perforating wound’.
object.
- The amount of effusion of blood depends on the site of wound, force of - The depth of the wound is the greatest of the three dimension. Diameter of
impact, sex of the victim, age of the victim, etc. the wound is less than that of the weapon used. The edges of the wound are
- Bruises over the nose and mouth suggest smothering. retracted, clean or lacerated and bruised depending on the used weapon.
- Bruises over the neck suggest throttling.
- Bruises over the thigh and genitals suggest rape. - Stab wounds may be homicidal, suicidal, accidental or may be inflicted by
- Bruises around the anus suggest sodomy. oneself or another person.
- The bruise may also give information about the object responsible for the
injury, and the time passed since injury occurred can be assessed.
6) Firearm wound
3) Laceration Firearm wounds / Gun-shot wounds are produced by projectiles discharged
- Laceration / Lacerated wound is one in which the skin and sometimes the from fire-arms and present the general characteristics of lacerated wounds,
deeper tissues are torn or lacerated as a result of blunt violence. but the character varies according to the -
- It is the result of tearing or stretching of tissues. - Nature of the projectile.
- The edges of lacerated wounds are irregular. - Velocity of the projectile at the moment of impact.
- Laceration is of 4 types: - Distance of the fire-arm from the body at the time of discharge.
a) Split-lacerations - Angle at which it struck the body.
b) Stretch-lacerations
c) Avulsions - Firearm wounds may be homicidal, suicidal, accidental or may be inflicted by
d) Tears oneself or another person.
- Forensic ballistics is an elaborate science dealing with fire-arms.
- Lacerations may be homicidal, suicidal, accidental or may be inflicted by
oneself or another person.
 Thermal Injuries  Introduction of Weapons
Thermal injuries are caused by excessive heat, typically from contact with hot A weapon, arm or armament is any implement or device that can be used with intent
surfaces, hot liquids, steam, or flame. to inflict damage or harm. Weapons are used to increase the efficacy and efficiency
of activities such as hunting, crime, law enforcement, self-defense, and warfare.
Types of thermal injuries: - 6
i) Chemical burns While ordinary objects such as sticks, rocks, bottles, chairs, vehicles, etc. can be used
ii) Electrical burns as weapons, many are expressly designed for the purpose; these range from simple
iii) Fire-related burns implements such as knives, clubs, axes and swords, to complicated modern firearms,
iv) Radiation burns tanks, intercontinental ballistic missiles, biological weapons, and cyber weapons.
v) Scalds (typically caused by steam or hot liquids) Weapons can be used for inflicting injuries, suicidal or homicidal actions.
vi) Contact burns
Examples:
Classification of burns: - 6 a) Pistol
i) First degree: Redness or simple hyperaemia - Injuries produced by weapon: Firearm wounds
ii) Second degree: Vesication affecting the cuticle - Medico-legal aspects: Homicidal, suicidal and accidental
iii) Third degree: Partial destruction of the skin
iv) Fourth degree: Total destruction of the skin
v) Fifth degree: Charring of muscles and other soft tissues
vi) Sixth degree: Charring of bones b) Kitchen knife
- Injuries produced by weapon: Incised wound, stab (punctured, penetrating,
Wilson’s simplified classification: - 3 perforating) wound
i) Epidermal / Superficial: - Pain, redness, skin turns white when touched - Medico-legal aspects: Self- inflicted/fabricated wounds, accidental may
ii) Dermo-epidermal: - Pain, redness, skin turns white when touched, blisters cause beveled cuts and used for homicide and
iii) Deep: - Painless, no sensation to touch, skin area may be suicide
whitish or charred dry and have leathery appearance.
Severe deep burns affect muscle tissue and/or bones.

Medico-legal classification: - 3
i) First degree: Burns producing mere redness
ii) Second degree: Burns producing mere vesication
iii) Third degree: Burns causing death of the affected part
c) Hammer
Medico-legal aspects: - Injuries produced by weapon: Depressed fracture on the skull. Abrasion,
It is important to determine whether it is a case of ante-mortem or post-mortem contusion, laceration & fracture
burns; whether death occurred due to burns or not; whether suicidal, homicidal or - Medico-legal aspects: Mostly homicidal, sometimes accidental
accidental.

When death results from a thermal injury, the causes may be:
a) Primary shock (neurogenic shock) d) Motorcycle chain
b) Secondary shock due to exudation of serum from the burnt area and consequent - Injuries produced by weapon: Patterned abrasion, laceration, contusion
depletion of blood volume. - Medico-legal aspects: Homicidal (strangulation), commonly used in
c) Asphyxia due to inhalation of fumes and smoke. gang wars or riots
d) Fat embolism
e) Septic complications
Dowry Prohibition Act
chapter vi: dowry deaths The Dowry Prohibition Act of 1961 prohibits the request, payment or acceptance of a dowry,
"as consideration for the marriage", where "dowry" is defined as a gift demanded or given as
a precondition for a marriage.
Gifts given without a precondition are not considered dowry, and are legal. Asking or giving
Introduction: of dowry can be punished by an imprisonment of up to six months, or a fine of up to ₹5,000.
- Dowry deaths are deaths of married women who are murdered or driven to suicide by
continuous harassment and torture by their husbands and in-laws over a dispute about their
dowry, making the women's homes the most dangerous place for them to be. IPC Section 304b
When the death of a married woman is caused by any burns or bodily injury or occurs under
- Dowry deaths are due to domestic violence which is violent or aggressive behaviour within abnormal or suspicious circumstances within seven years of her marriage duration and it is
the home, typically involving the violent abuse of a spouse or partner. clearly shown that prior to her death she was subjected to cruelty or harassment or torture
by her husband or any relative of her husband or in laws for, or in connection with, any
- Dowry deaths are considered one of the many categories of violence against women, demand for dowry, such death shall be called as "dowry death", and such husband or
alongside rape, bride burning, eve teasing, female genital mutilation, and acid throwing. relative or in law shall be deemed to have caused her death. Whoever commits dowry death
shall be punished with imprisonment for a term minimum of seven years which may extend
to imprisonment for life.
Occurrence:
- Dowry deaths are found predominantly in India, Pakistan, Bangladesh, and Iran. India
reports the highest total number of dowry deaths with 8,391 such deaths reported in 2010. IPC Section 498a
Female dowry deaths account for 40-50% of all female homicides recorded annually in India. Whoever being the husband or the relative of the husband or in law of a woman, subjects
such woman to cruelty or harassment or torture shall be punished with imprisonment for a
- Dowry deaths in India are not limited to any specific religion, but are much more common term which may extend up to three years and shall also liable to pay fine. The cruelty can be
in Hindu and Sikh communities in Northern India, particularly around Punjab, Haryana, Delhi, either mental or physical torture which drives the women to commit suicide or to cause
Rajasthan and Uttar Pradesh. serious injury, or danger to life or health.

Causes: CrPC section 174(3)


Most dowry deaths occur when the young woman, unable to bear the harassment and When (i) The case involves suicide by a woman within seven years of her marriage (ii) The
torture, commits suicide. Most of these suicides are by hanging, poisoning or by fire. case relates to the death of a woman within seven years of her marriage in any
Sometimes the woman is killed by being set on fire by her husband or in-laws; this is known circumstances raising a reasonable suspicion that some other person committed an offence
as "bride burning", and is sometimes disguised as suicide or accident. Death by burning of in relation to such woman, or (iii) The case relates to the death of a woman within seven
Indian women has been more frequently attributed to dowry conflicts. In dowry deaths, the years of her marriage and any relative of the woman has made a request in this behalf, the
groom's family is the perpetrator of murder or suicide. police officer will forward the body for autopsy to the nearest medical officer for opinion.

Prohibitions & Laws:


Indian women's rights activists campaigned for more than 40 years for laws to contain dowry
deaths, such as the Dowry Prohibition Act 1961 and the more stringent Section 498a of
Indian Penal Code (enacted in 1983).
Under the Protection of Women from Domestic Violence Act 2005 (PWDVA), a woman can
put a stop to the dowry harassment by approaching a domestic violence protection officer.
However, effectiveness of these laws has been questioned.
Although Indian laws against dowries have been in effect for decades, they have been largely
criticized as being ineffective. The practice of dowry deaths and murders continues to take
place unchecked in many parts of India.
1) Hanging
chapter vii: asphyxial deaths Hanging is a violent asphyxia death caused by either partial or complete suspension
of the body while a ligature is tied around the neck; the weight of the body is the
constricting force.

Asphyxia is the condition when the body is deprived of oxygen, leading to Types: - 2
unconsciousness or death; suffocation. a) Partial: Only the weight of the head is the constricting force.
b) Complete: The complete body is the constricting force. Feet do not touch the
Stages of Asphyxia: ground.
i) Stage of inspiratory dyspnoea
- Duration: 1 minute Cause of death:
- Anxiousness, Heaviness of head, ringing in the ears a) Constriction of carotid arteries causing obstruction of blood flow to the brain
- Lips are livid, eyes are prominent leading to anoxia or cerebral ischemia.
- Respiration becomes deep, hurried and strenuous. b) Cerebral congestion due to compression of jugular veins.
- BP rises, PR decreases c) Blockage of air passage due to upward pulled tongue.
- Consciousness may be lost at the end. d) Vagal inhibition due to fright.
e) Injury to spinal cord (judicial hanging).
ii) Stage of expiratory dyspnoea & convulsions
- Duration: 1-2 minutes Fatal period: 5-8 minutes. In judicial hanging, death is instantaneous.
- Due to retention of carbon dioxide, respiration is more strenuous & spasmodic.
- Clouding of consciousness Post-mortem appearance:
- Convulsions, Relaxation of sphincters a) External:
- Face & hands are congested and cyanosis occurs. - Neck is stretched and elongated. Face is pale and flaccid. Tongue & eye balls are
- Tongue injury by teeth if protruded protruded. Pupils dilated, eyelids open. Finger nails show cyanosis. Streaks of saliva
- Increases salivation, heart rate & gastrointestinal mobility may be seen trickling down from one angle of mouth down the chin and chest – this
is a sure sign of ante-mortem hanging.
iii) Stage of exhaustion & respiratory failure - Seminal matter escapes through urethra.
- Duration: 2-3 minutes - Onset of rigor mortis is slow. Post-mortem lividity is seen in hands & feet.
- Cerebral anoxia leading to paralysis of respiratory and other nervous centers. - Ligature mark on the neck – it depends on following factors:
It causes permanent brain damage. Nature, lightness, thinness of the cord. Period of suspension. Weight of the subject.
- BP falls, Pulse is scarcely perceptible Material intervention between skin and ligature.
- Prolonged sighing inspirations occur at longer and longer intervals until they cease
altogether and death ensues. b) Internal:
- Fracture of thyroid cartilage may be present.
- Carotid arteries may be ruptures transversely.
The three stages last for about 3-5 minutes before death takes place. - Lymph nodes in the neck above and below of ligature shows congestions, stasis and
hemorrhage.

Types of violent asphyxial deaths: Lynching: Several persons forcefully capture an individual and hang him with a rope.
1) Hanging
2) Strangulation Medico-legal aspects:
3) Throttling - Hanging is a common method to commit suicide, especially among men.
4) Suffocation - Accidental and homicidal hanging is rare.
5) Drowning - Judicial hanging is the execution of death sentence.
2) Strangulation 3) Throttling
Strangulation is a violent asphyxial death which results from constriction of air Throttling is a form of strangulation by means of compression of neck with hands.
passage at the neck by other forces than the weight of the body or head.
E.g.:
- By ligature (garrotte) Cause of death:
- By hands (throttling) Compression causes closure of glottis and tongue protrudes upwards and backwards
- By sticks from front & back (bansdola) against posterior pharyngeal wall and causes complete occlusion to air passage, or
- By elbow (mugging) the branch of superior laryngeal vagus is injured by compression of larynx.
It leads to inhibition of respiration and asphyxia occurs within seconds.
Cause of death: Compression of windpipe and of cervical vasculature -> Asphyxia.

Post-mortem appearance:
a) External: Post-mortem appearance:
- Tongue is swollen, bruised, bitten by teeth and protruded. a) External:
- Petechial hemorrhages are common into skin of eyelids, face, forehead, behind ears - All signs of asphyxia are seen.
and scalp. - Injuries are seen in front & sides of the neck.
- Injury on the neck depends on the means used for strangulation. - If only one hand is used for throttling, the mark produced by thumb is seen on one
side of the neck. Bruises of fingers are on the opposite side.
b) Internal: - Finger marks are one below the other and all oblique in direction.
- In ligature strangulation, deeper tissues of the neck are injured. - If both hands are used for throttling, thumb marks are seen in front / back.
- Thyroid cartilage is commonly fractured. - Marks of nails may be seen. Scratch of thumb nail is deeper and wider.
- When stick is used, injury of internal cervical structures is common.

Medico-legal aspects: b) Internal:


- Identification whether death occurred due to strangulation or not. - Extravasation of blood in cutaneous tissues of the neck beneath the external
- Suicidal strangulation is uncommon. injuries.
- Homicidal strangulation is common. - Fracture of hyoid bone and laryngeal cartilages.
- Accidental strangulation is rare.
Medico-legal aspects: Throttling is always homicidal and never suicidal.

Garrotte:
Garrotte is a form of strangulation done by throwing a rope from behind and tying it
tightly.

Bansdola:
It is a form of strangulation using two sticks or hard substances placed across the
neck in front and behind.

Mugging:
It is a form of strangulation by pressing the victims neck against the forearm. It will
not leave external or internal marks.
4) Suffocation Medico-legal aspects:
Suffocation is a form of violent asphyxia caused by mechanical obstruction of the air - Inhalation of vomited material under alcohol influence, during epileptic seizure or
passages by smothering, chocking or traumatic asphyxia. coma, Food regurgitation in infants, coin, pea, fish bone, etc.
- Homicidal choking is usually confined to cases of infanticide.
- Accidental choking: Cut throat injury, tooth extraction, tonsillectomy, bleeding into
i) Smothering respiratory passages
It is caused by mechanical obstruction of external air passages. - Suicidal choking is rare; except in prisoners.
E.g.: Nose & mouth are closed by hand, cloth, plastic bag, etc.

Gagging:
Post-mortem appearance: Gagging is a method of preventing the air from entering through mouth or nose. The
In homicidal smothering, abrasions and bruises are seen in the region of nose and commonly used gags are handkerchief, dhoti or scarve.
mouth; may be absent in case of pressing with soft material like pillow or clothes.

Medico-legal aspects: iii) Traumatic asphyxia


- Smothering is usually accidental in epileptics or drunken people. Traumatic asphyxia results from trauma to the chest or pressure on the abdomen,
- Accidental smothering of a baby may occur due to over laying of mother or another chest or back which obstructs respiratory movements.
person sharing the bed. E.g.: Pinned down by car, less space in vehicle when compressed in accidents, house
- Homicidal smothering is done by closing mouth & nostril by hand, clothing, pillow collapse, etc.
use of plastic bag.
- Suicidal smothering by using one’s own hand is impossible; use of plastic bag is
common for suicidal purpose. Post-mortem appearance:
- Deep cyanosis of face
- Numerous petechial hemorrhages
- Demarcation line
ii) Choking - Fracture of ribs, injuries to lungs, heart
Choking is a form of violent asphyxia caused by mechanical obstruction of air
passages by a solid object.
Medico-legal aspects:
- It is chiefly accidental.
Causes of death: - May be homicidal as in burking or bansdola.
- Asphyxia
- Vagal inhibition
- Laryngeal spasm Burking:
- Bronchospasm It is a form of violent asphyxia adopted by Burke and Hare. Burke used to sit on the
chest of his inebriate victim, covering with one hand the mouth and nostril and
pushing up the jaw with the other hand. Hare used to pull him round the room by the
Post-mortem appearance: feet. This is a mixture of smothering and traumatic asphyxia.
Object responsible for choking is found in the respiratory passage.
5) Drowning
Drowning is a form of violent asphyxial death caused due to submersion of nostril & chapter viii: medico-legal importance
mouth in water or other fluids which prevents access of air to the lungs.

Types: - 2
i) Typical:  Adultery
It is the obstruction of air passaged and lungs by water or fluid, also known as wet Adultery is explained under section 497 of I.P.C.:
drowning. “Whoever has sexual intercourse with a person who is and whom he knows or has
reason to believe to be the wife of another man, without the consent or connivance
ii) Atypical: of that man, such sexual intercourse not amounting to the offence of rape, is guilty of
a) Dry drowning = When water enters to the nasopharynx or larynx it activates the offence of adultery, and shall be punished with imprisonment of either
laryngeal spasm. Little or no water enters into lungs or air passages and death description for a term which may extend to five years, or with fine, or with both. In
occurs by asphyxia. such case the wife shall not be punishable as an abettor.”

b) Vagal inhibition = Immersion syndrome; Death may result from cardiac  Pregnancy
arrest due to vagal inhibition by sudden impact of cold water, diving or falling Pregnancy is the physiological condition of a woman produced due to the
in water, horizontal entry into water leading to impact on epigastrium. implantation of a fertilized ovum by a spermatozoon.

c) Submersion of unconsciousness = If the victim suffers from epilepsy, heart Medio-legal importance:
disease, is drunk or head injury occurs during fall in water, the rupture of a) Civil cases:
cerebral aneurysm or onset of cerebral hemorrhage may cause death. - Nullity of marriage (Nullity of marriage is a declaration by a court that your supposed
marriage is null and void, and that no valid marriage exists between you and your partner. In
d) Secondary drowning / Near drowning = If a person survived drowning, it is other words, it is a declaration that the supposed marriage never happened. Nullity /
called near drowning. After some time, the victim may die due to infection Annulment is not the same as divorce.)
from contaminated water or due to hypoxic encephalopathy. - Pregnancy & divorce
- To get more alimony, a woman may claim to be pregnant in case of divorce
Fata period: 5 minutes after complete submersion of nostrils & mouth - Inheritance of property
- Compensation cases; e.g.: In accidental death of husband
Post-mortem appearance: - Illegitimate child (A child of parents not lawfully married to each other.)
a) External: - Posthumous birth (A posthumous birth is the birth after the death of a biological parent.)
- Face may or may not be cyanotic. Eyes are half closed or open, pupils dilated.
- Rigor mortis appears early. Post-mortem lividity may be absent. b) Criminal cases:
- Execution of death sentence
b) Internal: - Court procedure – suspended in advanced pregnancy
- Ballooning of lungs or emphysema aquosum due to accumulation of water. - Pregnancy claimed to be the result of rape
- Biochemical changes in the blood. - Pregnancy in an unmarried girl of 16 years or less and in married girl of 15 years or
- Diatoms; microscopic, unicellular algae present in most natural waters. less is pointed toward the commission of the offence of rape.
- Suit for breach of promise of marriage.
Medico-legal aspects: - False blame by a girl against a man
- Suicidal drowning: Common in India. Hands and legs may be tied together and - Blackmailing
attached to a weight before immersion. - Charge of adultery against the man who is responsible for the woman’s pregnancy.
- Homicidal drowning: Not common. - Pregnancy may ascertain the motive behind suicide or homicide of an unmarried
- Accidental drowning: Common among fisherman, dock workers, intoxicated people woman or widow.
or epileptic persons. - Alleged concealment of pregnancy, birth and infanticide.
- Alleged criminal abortion.
 Delivery  Infanticide (Brhuna-Hatya)
Delivery is defined as the complete evacuation of a foetus (that has attained viability) Infanticide (or infant homicide) is the accidental or intentional killing of infants.
and other products of conception from within the uterus and genital passage into the Parental infanticide researchers have found that mothers are far more likely than
external environment. fathers to be the perpetrators of neonaticide and slightly more likely to commit
infanticide in general.
Medio-legal importance:
The legal issues linked with delivery are:
- Abortion, Infanticide, Concealment of birth Causes of infanticide:
- Suppositious child (false delivery), Blackmailing, Contested legitimacy 1) Accidental causes
- Nullity of marriage, Divorce, Chastity, Defamation, Inheritance a) During birth: Prolonged labour, Pressure on or prolapsed cord,
- Execution of death sentence, Homicide & suicide Knot of the cord or twisting around the neck, Injuries,
- Delivery after being pregnant as a result of rape Death of mother
- Delivery before 16 years is considered as evidence for rape. b) After birth: Suffocation, Precipitated labour
- Leave after delivery
2) Criminal causes: Infanticide

 Abortion (Garbhapata / Garbhasravana)


Abortion is defined as the premature expulsion of products of conception from the Reasons & Medico-legal importance:
uterus, at any time before complete period of gestation. - Extreme poverty with an inability to afford raising a child is one of the reasons given
Strictly, the word ‘abortion’ refers to the termination of pregnancy during the first for female infanticide in India. Such poverty has been a major reason for high
trimester, while that occurring during the second trimester is called ‘miscarriage’ and infanticide rates in various cultures, throughout history, including England, France
one taking place during the third trimester is termed ‘premature birth’. But in law, no and India.
distinction is made.
- The dowry system in India is another reason that is given for female infanticide.
Types: Although India has taken steps to abolish the dowry system, the practice persists,
1) Spontaneous a) Natural (High fever during 1st trimester, viral diseases) and for poorer families in rural regions female infanticide and gender selective
b) Accidental (Injury, trauma, shock, etc.) abortion is attributed to the fear of being unable to raise a suitable dowry and then
2) Induced a) Legal / Justifiable being socially ostracized.
b) Criminal
- Other major reasons given for infanticide, both female and male, include unwanted
Legal / Justifiable abortion: children, such as those conceived after rape, deformed children born to
- Legal abortion is an induced abortion for justifiable or therapeutic reasons. impoverished families, and those born to unmarried mothers lacking reliable, safe
- Medical Termination of Pregnancy (MTP) Act, 1971 -> Refer to Chapter XV and affordable birth control. Relationship difficulties, low income, lack of support
coupled with mental illness such as postpartum depression have also been reported
as reasons for female infanticide in India.
Criminal abortion:
- Criminal abortion is defined as an abortion which is induced with criminal intent. It - All cases of abandoned newborn deaths are to be reported to the police/coroner,
refers to the unlawful and deliberate destruction and expulsion of the products of who must ask for a post-mortem examination because only this can establish the
conception. viability of the infant, proof of separate existence, and the cause and manner of
- In case of criminal abortion, the person who induces the abortion and the woman death in such cases.
on whom it is induced are both guilty, and therefore liable to be punished.
- If it is done after 4th month of pregnancy, the punishment is greater.
- Attempted criminal abortion is also punishable.
 Battered Baby  Impotence & Sterility (Napumsakata & Vandhyatva)
- A battered bay is one who presents with signs of multiple injuries in its body which - Impotence is defined as the inability to perform sexual intercourse and to achieve
are not accidental in nature, rather inflicted by its parents or foster parents. gratification.
- Sterility refers to the incapacity on the part of male to impregnate, and on the part
- Battered baby syndrome refers to injuries sustained by a child as a result of physical of female to conceive.
abuse, usually inflicted by foster parents or guardians.
Causes:
- Battered baby (child) syndrome has been recognized for nearly half a century and is - Age – poor physiological development before puberty; decreased sperm quality &
defined as repeated non-accidental trauma of various ages. In medicolegal death count in old age; before menarche; after menopause
investigations, it is often avoided, due to its alleged controversy, or more accurately, - Developmental defects (absence of penis / vagina, imperforated hymen, etc.)
due to the challenges it presents in court. - Acquired abnormalities (amputation of penis; hysterectomy, tubectomy, etc.)
- Local diseases (elephantiasis, hydrocele; Bartholin’s cyst etc.)
- General diseases (infective, metabolic, hormonal diseases, etc.)
- Psychic causes (stress, pressure; fear, pain, etc.)
 Virginity (Kaumarya) - Chronic exposure of poison (lead, arsenic, etc.)
Virginity (Virgo intacta) is the state of never having had sexual intercourse. - Alcohol
Defloration is the loss of virginity.
-> Quoad hanc: It is the term for an individual man who is impotent with one
Medio-legal importance: particular female, but not with other partners.
- Nullity of marriage, Divorce, Defamation, Chastity, Sexual offences
- Hymen: An undue emphasis is given to an intact hymen, but it is not intact in so Types of sterilization:
many cases as cycling, masturbation, accidents and injury to vulva. Even the hymen 1) Compulsory May be ordered by the state; it may be carried out on mental
can be ruptured due to passage of heavy clots of menstruation in severe puberty defectives & others from a strictly eugenic point of view or as a
menorrhagia. An Intact hymen can be taken for a virginity but broken hymen does punishment for sexual criminals.
not signify that a girl is not virgin. Only in case of rape on a minor girl the importance
of freshly torn hymen with bleeding is helpful as an evidence of rape. 2) Voluntary - Therapeutic: To prevent danger to the health of the woman.
- Vaginal mucosa: Due to repeated sexual intercourse, the firmness of the vagina is - Eugenic: Sterilization to a physically or mentally defective person.
lost and rugosity is altered. - Contraceptive: To limit the size of a family.

Medio-legal importance:
 Legitimacy - Nullity of marriage, Divorce
Legitimacy is the status of a child born during the continuance of a valid marriage - Adultery, Sexual offences
between the mother and any man, or within 280 days after its dissolution if the - Contested paternity in inherited cases
mother remains unmarried, unless it is shown that the parties to the marriage had no - Legitimacy
access to each other at any time when the child could have been conceived, his birth - Suit of adoption
is treated as a conclusive proof of being legitimate. - Claim for damages

Annulment or divorce can legally be claimed and granted on the ground of


impotence; when impotence is present before or at the time of marriage and
incurable or curable only by operation to which the individual refuses to submit.
 Artificial Insemination Medio-legal importance:
Artificial Insemination may be defined as the deposition of semen in the vagina, the - Artificial insemination is not a ground for nullity of marriage, but it is for divorce if it
cervical canal or the uterus by instruments to bring about pregnancy which is not was without the consent of the husband. Even the doctor can get implicated in legal
attained by sexual intercourse. complexities.
- The child inherits a remote chance of incestual relationship between the offspring
of the donor from his wife’s side & the recipient’s side as the identity of donor being
Abstract: the father of the offspring of the recipient, remains secret.
In today’s fast life we see a number of cases of infertility. This is due to the increasing - Family problems; including mental trauma of husband of recipient wife is possible,
stress factor and the changing lifestyle. With the increase in marital age and late even though he gives consent for artificial insemination of his wife.
diagnosis of infertility, Artificial Insemination is a widely used method. Before - Donor should be of age below 40yrs & should not have any physical or mental
advising this method the doctors should be aware of its medico-legal aspects as it disease which may be transmitted to the child.
may be troublesome for them later. Also the doctors should give the patient a clear - Consent of both recipient wife and her husband is necessary.
idea of the medico-legal aspects. - Consent of the donor & his wife is also needed.
- The donor must not be a relative of either the recipient or her husband.
- The donor should not know the identity of the recipient & the recipient also should
Indication: not know the identity of the donor.
1) When the husband is impotent but fertile. - The donor should not know the outcome of artificial insemination.
2) When the husband is sterile. - The donor should give a written declaration that he will not prefer parenthood
3) When there is Rh incompatibility between husband and wife. claim for any child on the ground of donation of semen.
4) When the husband is suffering from some hereditary disease so as to prevent
mentally or physically handicapped child being born.
5) Incurable defects in husband’s semen rendering him incapable of procreation.
6) When a widow or unmarried women wants to have a child.

Types:
1) A.I.H or artificial insemination homologous:
When the husband’s semen is biologically normal but he either cannot pour the same
in the wife’s vagina by the way of intercourse or due to some defect with the cervical
opening of the wife or condition in the vagina, living sperms cannot enter inside the
uterus, semen from the husband is collected by way of masturbation & pushed inside
the uterus.

2) A.I.D or artificial insemination donor:


When the defect is in the seminal fluid of the husband, then semen from another
healthy suitable male is used & introduced inside the vagina or the uterus of the wife.

3) A mixture of husband’s semen as well as that of donor is used in cases where


motile spermatozoa count in husband’s semen is poor though present in semen.
a) Against her will.
chapter ix: sexual offences & b) Without her consent.
c) With her consent, when her consent has been obtained by putting her or
perversions any person in whom she is interested, in fear of death or of hurt.
d) With her consent, when the man knows that he is not her husband and
that her consent is given because she believes that he is another man to
whom she is or believes herself to be lawfully married.
e) With her consent when, at the time of giving such consent, by reason of
 Sexual Offences unsoundness of mind or intoxication or the administration by him
Sexual offences are acts of illegal sexual intercourse with a second person or with an personally or through another of any stupefying or unwholesome
animal to obtain sexual satisfaction. Substance, she is unable to understand the nature and consequences of
that to which she gives consent.
 Types: - 2 f) With or without her consent, when she is under eighteen years of age.
1) Natural Sexual Offences g) When she is unable to communicate consent.
2) Unnatural Sexual Offences
Exceptions: - A medical procedure or intervention shall not constitute rape.
1) Natural Sexual Offences:
- Sexual intercourse or sexual acts by a man with his own wife, the wife
a) Adultery: (Vyabhichara)
not being under fifteen years of age, is not rape.
- Explained under section 497 of IPC:
Whoever has sexual intercourse with a person who is and whom he Punishment: - Explained under section 376 of IPC.
knows or has reason to believe to be the wife of another man, without
the consent or connivance of that man, such sexual intercourse not - Punishment for rape may extend from 7 years to life-imprisonment
amounting to the offence of rape, is guilty of the offence of adultery, and including a fine.
shall be punished with imprisonment of either description for a term
which may extend to five years, or with fine, or with both. In such case
the wife shall not be punishable as an abettor. c) Incest:
Incest is the act of sexual intercourse between people classed as being
b) Rape: too closely related to marry each other / closely related by blood.
- It is an unlawful sexual intercourse by an individual with another person E.g.: Sexual intercourse with a parent, child, sibling, etc.
against his / her will, without his / her consent or with his / her consent
when it has also been obtained by unlawful means under 16 years of
age.
- Explained under section 497 of IPC. 2) Unnatural Sexual Offences:
A man is said to commit “rape” if he— - Explained under section 377 of IPC:
Whoever voluntarily has carnal intercourse against the order of nature
1. penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of with any man, woman or animal, shall be punished with imprisonment
a woman or makes her to do so with him or any other person; or for life, or with imprisonment of either description for a term which may
2. inserts, to any extent, any object or a part of the body, not being the penis,
extend to ten years, and shall also be liable to fine.
into the vagina, the urethra or anus of a woman or makes her to do so with
him or any other person; or
3. manipulates any part of the body of a woman so as to cause penetration into - Types: a) Sodomy (Anal sex)
the vagina, urethra, anus or any part of body of such woman or makes her to b) Buccal coitus (Oral sex)
do so with him or any other person; or c) Tribadism (Lesbianism)
4. applies his mouth to the vagina, anus, urethra of a woman or makes her to do d) Bestiality (Sexual intercourse by a human being
so with him or any other person, under the circumstances falling under any of with a lower animal)
the following seven descriptions:
 Sexual Perversions
Sexual perversions are acts intended to result in sexual satisfaction without sexual chapter x: forensic psychiatry
intercourse.

 Types: - 7
1) Sadism: Forensic psychiatry is a branch of psychiatry which is related to criminology.
This is a sexual perversion in which infliction of pain is a necessary and It requires a sophisticated understanding of the links between mental health and the
sometimes the sole factor for gratification. law. A forensic psychiatrist provides services – such as determination of competency
to stand trial – to a court of law to facilitate the adjudicative process and provide
2) Masochism: treatment, such as medications and psychotherapy, to criminals.
This is a sexual perversion in which a person needs to receive painful
stimulus for gratification. Forensic psychiatrists work with courts in evaluating an individual's competency to
stand trial, defenses based on mental disorders, and sentencing recommendations.
3) Fetishism: The two major areas of criminal evaluations in forensic psychiatry are competency to
This is a sexual perversion in which sexual gratification is associated with stand trial (CST) and mental state at the time of the offense (MSO).
contact and sight of certain parts of the female body, or even clothing, or
other articles known as fetish objects. Competency to stand trial (CST) is the competency evaluation to determine that
defendants have the mental capacity to understand the charges and assist their
4) Exhibitionism: attorneys.
This is a sexual perversion in which a person’s sexual desire consists
principally of the exhibition of genitals. Mental state opinion (MSO) gives the court an opinion, and only an opinion, as to
whether a defendant was able to understand what he/she was doing at the time of
5) Transvestism: the crime.
This is a sexual perversion in which sexual pleasure is obtained by
wearing the clothes of the opposite sex. The law presumes that every person is sane and accountable for his actions until the
contrary is proved.
6) Voyeurism: A medical practitioner will have to certify a person with a ‘Lunacy certificate’ to prove
This is a sexual perversion in which there is morbid desire to look at his / her insanity.
sexual organs or clothed parts of body of the opposite sex or to watch The law assumes that a person who is proved to be insane is not responsible for his /
sexual intercourse to obtain sexual pleasure. her actions, as he / she is devoid of free will, intelligence and knowledge of the act.

7) Indecent assault: The law of insanity and criminal responsibility is explained in section 84 of IPC.
This is a sexual perversion in which there is any offence committed on a It states that nothing is an offence which is done by an insane person.
person with intension to outrage him / her.
(E.g.: Kissing, pressing of breast, etc.)
4) Pranabhisara & Rogabhisara Vaidya
chapter xi: forensic laboratory According to Charaka Samhita
Pranabhisara = Who saves lives and kills diseases.
Rogabhisara = Who worsen diseases and kills life.

A forensic laboratory is often referred to as a crime laboratory. A crime laboratory - A) Sutra Sthana, Adhyaya 9 / 18
often shortened to crime lab - is a scientific laboratory, using primarily forensic A physician devoted and deeply engaged to the following four factors is known as
science for the purpose of examining evidence from criminal cases. Pranabhisara Vaidya.
i) Shastra Scientific scriptures
Evidence such as DNA evidence, fingerprints, used shell casings, or even tire tracks ii) Artha Meaning (true sense of the scriptures)
are analyzed in forensic laboratories in an attempt to determine if a crime has iii) Vijnana Knowledge / Wisdom
occurred and who the perpetrator is. iv) Karma Darshana Practical experience
For example, everything gathered during our victim's sexual assault exam such as
bodily fluids, hairs, fibers, or anything found on the victim's clothing may be analyzed B) Sutra Sthana, Adhyaya 11 / 52-53
at a forensic laboratory. The type of analysis will depend on the type of evidence Chadmachara / Bhishaka Veshachara, Siddha Sadhita, Vaidya Guna Yukta /
being analyzed. Jivitabhisarah -> Refer to 1) Trividha Bhishaja

C) Sutra Sthana, Adhyaya 29 / 6-9 (Refer for detailed description)


A typical crime lab has two sets of personnel:
i) Pranabhisara:
i) Field analysts - investigators that go to crime scenes, collect evidence, and process
- Born in noble family, well versed in science, practical experience, skillful,
the scene. Job titles include:
clever, wise, pure in body & mind, control over mind, healthy sense organs
o Forensic evidence technician - Knowledge about Rachana & Kriya Shareera, Prakruti & Vikruti.
o Crime scene investigator - Knowledge about Trividha Ayurveda Sutra (3 principles of Ayurveda)
o Scenes of crime officer (SOCO) a) Hetu; b) Linga; c) Prashamana

- Knowledge about Trividha Aushadha Grama (3 sources of medicines)


a) Jangama; b) Parthiva; c) Sthavara
ii) Laboratory analysts - scientists or other personnel who run tests on the evidence
once it is brought to the lab. Job titles include: - He should be an expert on various subjects such as:
Chatur-sneha, Pancha-lavana, Astha-mutra, Astha-ksheera, Shirovirechanadi
o Forensic Technician (performs support functions such as making reagents)
Panchakarmashraya Aushadha, Bhojana, Pana, Nyama, Sthana, Chankramana,
o Forensic Scientist/Criminalist (performs scientific analyses on evidence)
o Fingerprint Analyst Shayana, Asana, Matra, Dravya, Anjana, Dhuma, Navana, Abhyanga,
o Forensic Photographer Parimarjana, Vega Vidharana, Vyayama, Satmya, Indriya Pariksha Upakrama,
o Forensic Document Examiner Sadvritta, Vyadhi, Dasha Pranayatana, etc.
o Forensic Entomologist
ii) Rogabhisara:
- Opposite to Pranabhisara
- Moves about to search for patients
- Tries to find faults in other physicians
- Wins over friends of the patients by pleasing them
- Tries to cover his ignorance
- If disease does not get alleviated, the blame the patient for lack of proper
equipment, attendance and self-control, etc.
 Medical Termination of Pregnancy Act, 1971
chapter xiv: medical records Medical Termination of Pregnancy (MTP) Act, 1971 is an Act to provide for the
termination of certain pregnancies by registered medical practitioners and for
matters connected therewith or incidental thereto.

 Introduction: When Pregnancies may be terminated by registered medical practitioners:


- Medical Records are compilation of facts about a patient. 1) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), a
- They include information about History of past & present illness, Treatment registered medical practitioner shall not be guilty of any offence under that Code or
schedule & Patient’s care. under any other law for the time being in force, if any pregnancy is terminated by
- Medical Records must have sufficient data about the patient’s histories, him in accordance with the provisions of this Act.
justification for the treatment and accurate documentation about the result. 2) A pregnancy may be terminated by a registered medical practitioner:
(a) where the length of the pregnancy does not exceed twelve weeks if such
medical practitioner is.
 Objectives of Medical Records: (b) where the length of the pregnancy exceeds twelve weeks but does not
- Monitoring of the actual patient exceed twenty weeks, if not less than two registered medical practitioners
- Medical research are. Of opinion, formed in good faith, that:
- Medical/dental or paramedical education (i) the continuance of the pregnancy would involve a risk to the life of
- For insurance cases, personal injury suits, workmen’s compensation case, - the pregnant woman or of grave injury physical or mental health.
criminal cases, and will case (ii) there is a substantial risk that if the child were born, it would suffer
- For malpractice suits from such physical or mental abnormalities as to be seriously
- For medical audit and statistical studies handicapped.
3) In determining whether the continuance of pregnancy would involve such risk of
 Advantages of good Medical Records: injury to the health as is mentioned in sub-section (2), account may be taken of the
a) For the patients: pregnant woman's actual or reasonable foreseeable environment.
- A good MR has all details about the patient’s illness 4) (a) No pregnancy of a woman, who has not attained the age of eighteen years, or,
- It may save time, repeated unnecessary examination & avoid discomfort. who, having attained the age of eighteen years, is a lunatic, shall be terminated
- Protection in legal matters, compensation, injury, etc. except with the consent in writing of her guardian. (b) No pregnancy shall be
terminated except with the consent of the pregnant woman.
b) For the hospital:
- A good MR helps in evaluation of competency & performance of the clinical Place where pregnancy may be terminated:
staff. No termination of pregnancy shall be made in accordance with this Act at any place
- Result of treatment other than:
- Defense in malpractice suits (a) a hospital established or maintained by Government.
(b) a place for the time being approved for the purpose of this Act by Government.
c) For the physician: When not to apply:
- A good MR helps to get information about the patient & the treatment. (1) Not less than two registered medical practitioners; it shall not apply to the
- Assessing the treatment methods & their results. termination of a pregnancy by the registered medical practitioner in case where he is
- Protection in legal matters of opinion, formed in good faith, that the termination of such pregnancy is
immediately necessary to save the life of the pregnant woman.
(2) Notwithstanding anything contained in the Indian Penal Code (45 of 1860), the
termination of a pregnancy by a person who is not a registered medical practitioner
shall be an offence punishable under that Code, and that Code shall, to this extent,
stand modified.
 Transplantation of Human Organs Acts  Clinical Establishments Act, 2010
a) Transplantation of Human Organs (THO) Act, 1994 was initiated to provide for the The Clinical Establishments (Registration and Regulation) Act, 2010 has been enacted
regulation of removal, storage and transplantation of human organs for therapeutic by the Central Government of India to provide for registration and regulation of all
purposes and for the prevention of commercial dealings in human organs and for clinical establishments in the country with a view to prescribe the minimum
matters connected therewith or incidental thereto. standards of facilities and services provided by them.
The Act has taken effect in the four States namely, Arunachal Pradesh, Himachal
The Act contains detailed provisions relating to the authority for removal of human Pradesh, Mizoram, Sikkim, and all Union Territories except the NCT of Delhi since 1st
organs, preservation of human organs, regulation of hospitals conducting the March, 2012 vide Gazette notification dated 28th February, 2012.
removal, storage or transplantation of human organs, functions of appropriate
authority, registration of hospitals and punishment/penalties for offences relating to The Act is applicable to all types (both therapeutic and diagnostic types) of Clinical
aforesaid matters. Establishments from the public and private sectors, belonging to all recognized
systems of medicine, including single doctor clinics.
b) Transplantation of Human Organs (Amendment) Act, 2011 allows swapping of The only exception is Clinical Establishments run by the Armed forces.
organs and widens the donor pool by including grandparents and grandchildren in
the list.

c) Transplantation of Human Organs and Tissues (THOT) Rules, 2014 has many
provisions to remove the impediments to organ donation while curbing  Consumer Protection Act, 1986
misuse/misinterpretation of the rules. The Consumer Protection Act, 1986 (COPRA) is an Act of the Parliament of India
enacted in 1986 to protect the interests of consumers in India. It is replaced by The
Consumer Protection Act, 2019.

 Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 This statute is regarded as the 'Magna Carta' in the field of consumer protection for
Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994 is an Act of checking unfair trade practices, ‘defects in goods’ and ‘deficiencies in services’ as far
the Parliament of India enacted to stop female foeticides and arrest the declining sex as India is concerned. It has significantly impacted how businesses approach
ratio in India. consumer complaints and has empowered consumers to a greater extent.
The act banned prenatal sex determination. Every genetic counselling centre, genetic
laboratory or genetic clinic engaged in counselling or conducting pre-natal The objective of the Central Council is to promote and to protect the rights of the
diagnostics techniques with the potential of sex selection* (Preimplantation genetic consumers such as:
diagnosis) before and after conception comes under preview of the PCPNDT Act and ▪ The right to be protected against the marketing of goods and services which are
are banned. hazardous to life and property.
▪ The right to be informed about the quality, quantity, potency, purity, standard and
The main objective of the act is to ban the use of sex selection techniques after price of goods or services, as the case may be so as to protect the consumer against
conception and prevent the misuse of prenatal diagnostic technique for sex selective unfair trade practices.
abortions. ▪ The right to be assured, wherever possible, access to a variety of goods and services
at competitive prices.
*Sex selection is any act of identifying the sex of the foetus and elimination of the ▪ The right to consumer education.
foetus if it is of the unwanted sex.

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