LEGAL PROCEDURE

Dr. Moitree Mohana

MBBS (DU)
DFM (on course, Shaheed
Suhrawardy Medical College)
FCPS- Part 1 (Forensic Medicine &
Toxicology)
At the end of the session, we will know:
• What BPC, Cr.PC?
• Criminology, crime with its types.
• Example of civil and criminal case.
• Various medical examination system in Bangladesh.
• Which inquest is done in Bangladesh.
• Who perform police inquest.
• When magistrates inquest is done.
• Difference between inquest report and challan.
• Difference between magistrate inquest and police
inquest.
• Challan- Contents.
• Offence with its types and example.
• Warrant case, summon case, conduct money
INTRODUCTION
The legal procedure of Bangladesh is based on

i. Constitution of Bangladesh(16th December

1972),
ii. Bangladesh penal code (BPC)(1860)
iii. The code of criminal procedure(Cr.PC)
(1898) &
iv. Evidence act (1872)
Constitution of Bangladesh
(16th December 1972)
 Bangladesh penal cod(BPC)
(1860)

It defines offences & prescribes punishment

 THE CODE OF CRIMINAL
PROCEDURE(Cr.PC)
(1898)

It deals with the procedure of investigation & trial of offence

Evidence act
(1872)
Criminology

• Its is a branch of forensic medicine which

deals with crimes and criminals

Crime

• Crime means violation of existing law of the

country
Types of crime
• Civil
• Criminal
CIVIL LAW/CASE
• It deals with the disputes between two individuals or
parties rather than the states (Here one party is victim
and another party is accused)
Examples are:
 Divorce case
 Compensation case
 Land dispute
 Properties dispute

• Plaintiff- The party (victim) bringing the action in a

civil case is called ‘plaintiff’
• Defendant-The accused in both civil and criminal
cases is called ‘defendant’.
CRIMINAL LAW/CASE
• It deals with offences against a person, property,
public safety, security of the state. (Here the state is a
party represent by public prosecutor and the accused
is the other party) (Crime against humanity)
• Examples are:
• Murder
• Rape
• Theft
• Robbery
• Kidnapping
• Physical assault
Criminal cases type:
• Cognizable case
• Non cognizable offence
• Warrant case
• Summon Case
• Police case- cases filed in thana
• Compliant case-cases filed in court
OFFENCE
Any act or omission made punishable by
law for the time being in force

Types:
i. Cognizable offence
ii. Noncognizable offence
 Cognizable offence- It is an offence in which
a police officer can arrest a person without
warrant from the magistrate,
Example-murder, rape, dowry death, sexual
offence, robbery, rash or negligent death

Non cognizable offence- In which a police

cannot arrest a person without a warrant issued
by the magistrate.
Example- Physical assault
 WARRANT CASE-These are cases where
the offence is punishable with death sentence,
life long imprisonment or imprisonment for a
period of more than 2 yrs.
Example- Murder, Rape.

 SUMMON CASE- These are cases where

punishment is imprisonment up to 2 yrs.
Warrant
• It means written authority under hand
and seal. It is used for the arrest of a
person or for the forcible production
of the court.
 SUMMONS (sub=under, poena=penalty.)
 Itis a document compelling the attendance of a
witness in a court of law under penalty on a
specified day, time & place for the purpose of
giving evidence.

It is issued by the court in writing ,in duplicate

& signed by the presiding officer of the court

It is served on the witness by a police officer or

court officer
The witness retains one copy & returns the
other duly signed by him.

A summons must be obeyed .

Punishment:
Failure to obey a summons without a justifiable
cause.
in civil cases -liable to pay damages ,
in criminal cases –imprisonment (up to
6 month ) or fine or both or warrant of arrest
for compulsory attendance.
In case of multiple summons
1.In attending the Court, the witness should give
priority to criminal court over civil court.
• He must attend the criminal court and inform the civil
court accordingly.

2.When both the summonses are either from civil or

criminal courts, then higher court should be given
priority to the lower one.

3.If the status of both courts is same ,the doctor should

attend the court first from which he received the
summon earlier , informing the court of this fact.
CONDUCT MONEY:

The is the fee offered or paid to a witness in

civil cases while summons is served to meet
expenses to attend the court.

It is paid by the party that has called him as

witness. If the fee is not tendered the doctor
can ignore the summons. If the fee is
inadequate he may inform the court
accordingly & get it enhanced.

 In criminal cases no such fee is tendered

 Various types of Medico legal
System around the World-

i) Continental System( In Bangladesh)

ii) Coroner’s System
iii) Medical Examiner system(Best)
• Continental System is prevailing in Asia including
Bangladesh, many European countries, and in some
states of Latin America. These are 2 types
• Police inquest
• Magistrate inquest

• In this system criminal cases are filed either at

magistrate court or in respective police station, from
which the cases are sent to the magistrate court
• After doing autopsy the forensic pathologist used to
prepare the report & send it to the respective police
station for case diary.
Inquest
An inquest is an inquiry or investigation into
the cause of death & conducted in sudden ,
suspicious , unexpected , unnatural and
medically unattended death .
 types:
 Police inquest
 Magistrate inquest
 Inquest report(সুরতহাল প্রতিবেদন )

• It is a report on investigation into the cause of

suspicious death .
• Which is conducts by police officer not below the
rank of sub inspector -Police inquest
• If it is done by magistrate-Magistrate inquest
Who perform police inquest?

• Police officer not below the rank of sub

inspector.

• POLICE INQUEST:
When informed about such death, the police officer
immediately informed about it to the nearest executive
magistrate empowered to hold inquests and then proceed to
the place of death or where dead body is lying. There in
presence of two or more respectable person, he prepares a
report about the apparent cause of death & other relevant
findings(describing wound, fractures, bruises, other marks on
the body) & probable weapons or agent used.
 The police officer who is usually not below the rank
of SI (sub inspector), is known as I.O (investigating
officer) signed the report prepared by him at the
bottom & takes the signatures of the persons (at least
two) on the left side of the report.
Then, the inquest report along with the dead body is
forwarded for postmortem examination to the nearest
authorized government doctor together with a
requisition (Challan Paper-5371)
A copy of inquest is forwarded to the magistrate.
If no foul play is suspected ,the dead body is handed
over to the relatives for disposal
Challan
• It is the government tabulated written requisition
from an authorized person(magistrate, Coroner or
police officer) to an authorized government
medical officer(doctor) ,to perform a medico legal
autopsy.

• It contains the particulars of the deceased and

relevant cause of death
Difference between inquest report and challan
Traits Inquest report Chalan
Definition It is a report on It is the government tabulated written
investigation into the requisition from an authorized person
cause of suspicious to an authorized government medical
death . officer ,to perform a medico legal
autopsy

Form Written in white paper Written in government tabulated

prescribed form(5371)

Content Contain a brief history Contains the particulars of the

about the dead body deceased and relevant cause of death

Signature of At least two witness Absent

the witness
Magistrate Inquest:

The inquest conducted by the District magistrate ,Thana

magistrate, magistrate of 1st class or any empowered in
the following cases-

 Exhumation.
 Death in prison
 Death in police custody
 Death during police interrogation
 Death by any uniformed person
 Death due to police firing/cross firing.
 Dowry death.
 Death in a psychiatric hospital.
Coroner System

• Coroner System is prevailing in UK, some states

of U.S.A and some other countries

• The system provides, the appointment of a coroner

by the Government having the status of 1st class
magistrate with 5 years experience and who has
definite authority of giving decision whether autopsy
shall be carried out or not.
Medical Examiner System
This is conducted in most of the states in the United
states of America, Japan, Canada etc
This is more convenient system as more than one
doctor are engaged to do postmortem, where less
chance of mistake & better scrutiny is possible
In this system the doctors have the privilege to visit
the scene of crime
This is like, autopsy done by the medical board in
our country.
 Difference between magistrate/coroner & police inquest.

Magistrate/coroner inquest Police inquest

Can hold inquest in all cases Can not do so

of suspicious death

Helped by police/jury Gets help from witness

They need not inform Has to inform the nearest

anybody magistrate
 Magistrate/coroner Police inquest
inquest

Can issue warrant arrest Cannot issue ,but can

of the accused arrest the accused
Can order for exhumation Cannot order exhumation

Can give requisition for Cannot do so

analysis of viscera
Superior to police inquest Inferior to them
Some definitions..
• Jury-A jury is a panel of body of responsible
educated persons of good repute and social
standing composed of an uneven member of
persons to help or assist the presiding judge
who don’t know the law.
• Testimony- Means the evidence oral or written
of a witness under oath
• Affidavit- Affidavit it means a written
declaration under oath.

• Complaint- Complaint means an allegation

made orally or in writing to the magistrate
with a view to his taking action under
criminal procedure code that some person
known or unknown has committed the
offence.
 COURT

 The institution where the law is being

practiced .

The place where legal trials take place &

crimes are judged
Supreme court(Highest court)
Appeal division
High court division
District court
Civil court- District judge court
Additional district judge court
Joint judge court
Senior Assistant judge court Purely civil court
Assistant judge court
Criminal court- District session judge court
Additional session judge court
Joint session court
Magistrate court Purely criminal court
Judicial magistrate
Chief judicial magistrate
1st class magistrate
2nd class magistrate
Executive magistrate
Tribunal court-Juvenil/Nari-sishu/druto
bichar/Administrative/Labour/Janonirapatta
Powers of different courts of
Bangladesh
 Supreme court
 Highest judicial tribunal in the country located in
Dhaka.(RAMNA,DHAKA 1000,BANGLADESH).
 It has two divison-high court division and appeal
division.
 Composed of seven judges
 Mixed court, deals with both civil & criminal
cases.
 No civil & criminal cases can be initiated in it.
For criminal case appellate division is there.
 Supervisory function & interpretation of
law

 Any ruling declared by it is binding on all

lower courts

 Appellate section only deals with criminal appeal

cases which comes after being dealt in High court

 Can trial any case & award any punishment &

sustain or alter punishment approved or awarded
by High Court
 HIGH COURT.

 Deals with both civil & criminal cases

 It is empowered to try any offence & award any

sentence authorized by law, such as-death
sentence, life long imprisonment ,imprisonment
with solitary confinement

 It has to confirm the death sentence awarded by

lower court at least by two judges
 District SESSION judge COURT

Deals both civil(District) & criminal(Session) cases,

usually located in district headquarters. There is only
one judge
They can try any offence & award any punishment
authorized by law, but a death sentence has to be
approved by judges of high court.
 Additional session judge court

• Functions are same as district and

session judge court
Who can give death sentence
• District session and additional
session judge court can give death
sentence but must be approved by
judges of high court
 ASSISTANT SESSION COURT

• They can try any offence & award any punishment

authorized by law except death sentence ,life long
imprisonment or imprisonment for a period not
exceeding 10 years.
MAGISTRATE COURTS( Pure
criminal court)
• They can try any offence

• They have power to give imprisonment for up to 10

years.

• Can pass any sentence authorized by law(Except :

i) death sentence
ii) imprisonment for a term exceeding 10 years.
TYPES-

1) Judicial magistrate(including metropolitan

magistrate in metropolitan city)
Chief judicial magistrate
1st class magistrate
2nd class magistrate

2) Executive magistrate :They are special

magistrate appointed for particular task
for a specific period.
• POWER OF MAGISTRATES:
Class of Magistrate Imprisonment Fine

Chief judicial Up to 10 yrs.

magistrate

1 st class judicial Up to 5 yrs. 10,000 taka.

magistrate

2 nd class judicial Up to 3 yr. 5000 taka.

magistrate.
What are the punishment given by
court/Punishment allowed by the BPC
Death sentence
Life long imprisonment(30 years)/till death
Imprisonment for a term of some fixed period
Simple imprisonment(Without labour)
Rigorous imprisonment(With hard
labour)/Solitary confinement
Fine
Forfeiture of property
Warning
Methods of capital punishment.

Judicial hanging
Electrocution
Lethal injection
Gas chamber
Garroting
 Conduct of a doctor in witness
box
• Well dressed(white coat) & modest
• Well prepared & take all records or relevant documents
• Stands up straight. Address the judges as SIR/Your
honor.
• Be relaxed and come ,not nervous or frighten
• Never attempt to memorize
• Speak slowly, distinctly and audibly
• Be confident but not over confident or arrogant
• Use simple language ,avoid superlative term
• Avoid difference between your record and testimony
• Be pleasant ,polite and courteous to lawyer(apearence,
professional manner and general behavior are
important)
Procedure of giving evidence in
the court of law
1 . Receiving the summons on warrant.

2. Attendance in the court-A doctor who has

received the summons should attend the
court on specified date at the specified time.
Then the doctor should report his
attendance to the lawyer who has
summoned him or the public prosecutor in
Govt. prosecution case.
3.Oath taking- stepping in the witness box he
must take oath.
OATH- I do swear in the name of Allah, the
evidence which I shall give to the court shall
be the truth ,the whole truth and nothing but
the truth..
If the witness is an atheist, he makes a
solemn affirmation in same terms ,instead of
swearing by Allah
4. Deposition/Record of evidence –
5.Release of the witness from the court
 Deposition/Record of evidence:
Deposition is a testimony of a witness.

Parts of deposition:
i. Examination in chief(Direct examination)
ii. Cross-examination
iii. Re-examination
iv. Question by the judge
a) Examination – in- chief- The
lawyer(Public procedure) who has
summoned the doctor conduct it. Here
the lawyer asks him about all the things
he knows about the case. The object is
to place before the court all the facts
that bear on the case. At this stage
leading questions are not allowed.
b) Cross Examination-
 Done by the defense lawyer. The object
is to illicit any facts favorable for his
clients & to weaken the evidence of the
witness by showing that his details are
inaccurate, conflicting, contradictory or
that his opinion are ill-founded &
opposed to that of well recognized
authority .Leading questions are
therefore allowed.
• The witness must therefore be prepared to
face questions regarding his qualifications ,
experience & professional knowledge.
• C) Re-Examination- Done by the
prosecution lawyer. The object is to clear
up any doubts that may have been arisen
during cross examination & to correct
any mistakes & clarify or add details to
the statements made by the witness.
Leading questions are not allowed.
• D) Question by the judge- The judge
may ask any question to the witness at
any stage of trial to clear any doubtful
points. The court may also re-call & re-
examine any witness already examined
• Release of the witness from the court-
After his deposition is over, the witness
will put his signature on the written
records of his deposition, takes court
attendance certificate & then with the
permission of the court, he can leave
the court.
 Leading question
• A leading question is one which suggested or
give hint about the answer and admits of a
conclusive answer by simple “Yes” or “No”
• Leading question is allowed during cross-
examination .
• During examination in chief & re-examination it
is not allowed
Example:
• Was the weapon a dagger?(Answer-Yes/ No)
• Was it 10 inches length?(Answer :Yes/No)
• Was it on the front of the abdomen?(Answer:
Yes/No)
 Cross-examination

• It is part of deposition of giving evidence

in the court .The lawyer of the opposite
side (defense lawyer)conducts it. Here
the layer tries to get from the witness the
facts favorable to his case
• Objectives/medico legal importance of cross
examination:
1.To elicit facts favorable to his case

2.To test the accuracy of the statements made

by the witness

3.To doing that the lawyer tries to weaken the

evidence of the witness by showing that his
details are incorrect inconsistent, ill founded,
conflicting, contradictory, untrustworthy
• The witness must there for be
prepared to face question regarding his
qualification, experience &
professional knowledge
 Procedure of trail
• Case file
• Police case- thana, Complaint case-court
Investigation
• Trail in court (Civil or criminal court)
• Punishment given by judges of lower court
• Appeal division of supreme court
• Revision of punishment by high court
• Punishment given by high court
• Revision by supreme court
• Punishment given by supreme court (alter or sustain
• President for mercy petition
•Thanks….