Subpoena is defined as a legal document compelling the attendance of a witness on a particular day and time in the court of law under penalty.
It can be served also to produce any official document or any paper before the court of law.
However, summons is a milder form of process.
PROCEDURE OF SERVING THE SUMMONS
Usually, it is issued by presiding officer of the court, delivered by a court official or a police constable.
Person receiving should sign on the original and keep the duplicate with him.
If person summoned to is not available, it may be served to:
The other major member of the family/ relatives, but not to a servant.
If the person is a government servant, it may be served through the head of the office in which he or she is employed.
It may be even affixed on some conspicuous part of the house in which the person summoned ordinarily resides.
Summons by post: It can even be sent by registered post.
However, on these occasions, court may not consider this as being served. If the postal authority returns the cover stating he or she is refusing to receive the same, court considers that it has been served in spite of not receiving it.
Conduct of Money
Conduct money refers to the travelling and daily expenses to reach the court.
In civil cases, it is paid by the party calling him), at the time of serving the summon. judge decides the conduct money in the civil case.
The summon in civil case can be ignored if conduct money is not sanctioned or if the amount is less, and the witness can bring the fact to notice of judge.
In criminal cases, no money is paid along with summon
The witness can ask for it, after giving evidence, but he should not insist if the court is not willing to sanction, since otherwise he can be charged for contempt of court.
To an independent doctor, it is always paid (known as bhatta), while the doctor in government service, can claim from his office.
RULES OF SUMMONS
If a medical officer is summoned to attend two courts on a particular time and day, following rules may be opted:
Criminal cases should be given preference over civil cases.
If both are criminal cases, higher courts should be given first preference. However, the medical officer should inform the other court which he or she is not attending.
If both cases are of the same ranking courts, summons received earlier should be attended first.
If witness fails to attend the court :
In civil cases :
He will be liable to pay damages.
In criminal cases:
the court may issue notice under section 350 CrPC and may sentence him to fine or imprisonment or may issue bailable or non-bailable warrant to secure the presence of the witness
Exam Question
SUBPOENA (SUMMONS)
Sub- under; Poena- penalty)
Also known as Duces tecum
Section
Section 61 – 69 CrPC deal with summons
DEFINITION
Subpoena is defined as a legal document compelling the attendance of a witness on a particular day and time in the court of law under penalty.
No conduct money is paid to the doctor in criminal cases
Conduct money is paid to expert witness with summons from civil court
Don’t Forget to Solve all the previous Year Question asked on Summon
Conduct money is paid to expert witness with summons from :
A
Civil court
B
Criminal court
C
High court
D
Sub magistrate
Q. 1
Conduct money is paid to expert witness with summons from :
A
Civil court
B
Criminal court
C
High court
D
Sub magistrate
Ans.
A
Explanation:
A i.e. Civil court
Q. 2
Subpoena is also called:
MAHE 06
A
Summons
B
Panchnama
C
Requisition
D
Inquest papers
Q. 2
Subpoena is also called:
MAHE 06
A
Summons
B
Panchnama
C
Requisition
D
Inquest papers
Ans.
A
Explanation:
Ans. Summons
Q. 3
Duces tecum is:
WB 08
A
Summon
B
Panchnama
C
Conduct money
D
Hostile witness
Q. 3
Duces tecum is:
WB 08
A
Summon
B
Panchnama
C
Conduct money
D
Hostile witness
Ans.
A
Explanation:
Ans./ Summon
Q. 4
Following is not true regarding summons ‑
A
It is a legal document
B
No conduct money is paid to the doctor in criminal cases
C
Section 61 – 69 CrPC deal with summons
D
None of the above
Q. 4
Following is not true regarding summons ‑
A
It is a legal document
B
No conduct money is paid to the doctor in criminal cases
C
Section 61 – 69 CrPC deal with summons
D
None of the above
Ans.
D
Explanation:
Ans. is ‘d’ i.e., None of the above
All are true.
Summon
Summon is a legal document compelling attendance of a witness in a court of law under penalty, on a particular day, time and place, for the purpose of giving evidence. It is issued by the Court in writting, in duplicate, signed by presiding officer of court and bears the seal of the court.
Conduct money refers to the travelling and daily expences to reach the court. In civil cases, it is paid by the party calling him, at the time of serving the summon. Judge decides the conduct money in civil case. The summon in civil case can be ignored if conduct money is not sanctioned or if the amount is less, and the witness can bring the fact to notice of judge. In criminal cases, no money is paid along with summon. The witness can ask for it, after giving evidence, but he should not insist if the court is not willing to sanction, since otherwise he can be charged for contempt of court. To an independent doctor it is always paid (known as bhatta), while the doctor in government service, can claim from his office.
In case, two or more summons are received for the same date and time, the principles for preference of summon are:
Criminal case is preferred over civil case.
If both cases are criminal/civil, summon from higher court is preferred.
If both cases are criminal/civil and from court of same status, summon received earlier is preferred.
However, in each situation other court is informed accordingly.
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Organophosphate poisoning, cholera, heat stroke and fatigue/exhaustion before death
Delayed onset :
Asphyxia, apoplexy, severe haemorrhage, pneumonia and paralysis of muscles.
Lasts longer or delayed disappearance :
CO poisoning
Arsenic poisoning
Early disappearance :
Widespread bacterial infection, e.g., gas gangrene.
Cadaveric spasm (instantaneous rigor)
Is defined as the condition wherein a group of muscles, which were in contraction or spasm at the time of death, continue to be in spasm even after death, without the stage of primary relaxation.
Exam Question
Rigor mortis (Cadaveric Rigidity or Death Stiffening)
It is defined as contraction, stiffening, shortening and opacity of muscles after death.
Time of Onset :
Temperate climates – 3-6 hours
Tropical climates – 1-2 hours
Duration
Temperate climate – lasts for 2-3 days.
Tropical climate – 24 – 48 hours in winter,18 – 36 hours in summer
Pattern
First appear in involuntary muscles
However, it does not start in all muscles simultaneously (nysten’s rule).
Involuntary muscles (heart) are involved first than voluntary muscles.
Sequence of muscles involvement is as follows : Heart> upper eyelid> neck >jaw > face > chest > upper limb > abdomen > lower limb > finger and toes.
It passes off in the same order in which it has appeared.
Factors affecting rigor mortis
Rigor mortis is not seen : Fetus < 7 months
Appears early and passes off quickly : Chronic diseases (TB, cancer, typhoid, cholera), Convulsive disorders (strychnine poisoning ),Violent deaths (cut throat, electrocution, lightening).
Early onset and last longer : Drowning and strychnine poisoning
Early onset : Organophosphate poisoning, cholera, heat stroke and fatigue/exhaustion before death
Delayed onset :Asphyxia, apoplexy, severe haemorrhage, pneumonia and paralysis of muscles.
Lasts longer or delayed disappearance : CO poisoning and Arsenic poisoning
Early disappearance : Widespread bacterial infection, e.g., gas gangrene.
Don’t Forget to Solve all the previous Year Question asked on Rigor mortis
Which among the following is the correct order of onset of rigor mortis in a deadbody?
A
Lower limb —> thorax —> eyelids
B
Eyelids —> thorax —> lower limb
C
Thorax —> lower limb —> eyelids
D
Eyelids —> lower limb —> thorax
Q. 1
Which among the following is the correct order of onset of rigor mortis in a deadbody?
A
Lower limb —> thorax —> eyelids
B
Eyelids —> thorax —> lower limb
C
Thorax —> lower limb —> eyelids
D
Eyelids —> lower limb —> thorax
Ans.
B
Explanation:
According to Nysten’s rule, rigor mortis does not start in all muscles simultaneously.
It appears in involuntary muscles; the myocardium becomes rigid in an hour. It begins in the eyelids, neck and lower jaw and passes upwards to the muscles of the face, and downwards to the muscles of the chest, upper limbs, abdomen and lower limbs and lastly in the fingers and toes.
Ref: Essentials of Forensic Medicine and Toxicology by KS Narayan Reddy, 27th edition, Page 141.
Q. 2
Rigor mortis is also known as, EXCEPT:
A
Death stiffening
B
Cadaveric rigidity
C
Cadaveric lividity
D
None of the above
Q. 2
Rigor mortis is also known as, EXCEPT:
A
Death stiffening
B
Cadaveric rigidity
C
Cadaveric lividity
D
None of the above
Ans.
C
Explanation:
Rigor mortis also known as death stiffening or cadaveric rigidity, is a state of stiffening of muscles, sometimes with slight shortening of fibres. Individual cell death takes place in this stage due to lack of oxygen.
Cadaveric lividity is the term used for post-mortem hypostasis. It is also called postmortem staining, subcutaneous hypostasis, livor mortis, suggilations, vibices, or darkening of death.
Ref: Essentials of Forensic Medicine and Toxicology by Narayan Reddy, 27th edition, Page 140.
Q. 3
Rigor mortis in India in summer sets in :
A
2-3 hrs
B
18-36 hrs
C
2-5 days
D
1 week
Q. 3
Rigor mortis in India in summer sets in :
A
2-3 hrs
B
18-36 hrs
C
2-5 days
D
1 week
Ans.
A
Explanation:
A i.e. 2 – 3 hours
Q. 4
Rigor mortis in winter season in Northern India lasts for:
A
24-48 hr
B
>24 hr
C
2-3 days
D
>3 days
Q. 4
Rigor mortis in winter season in Northern India lasts for:
A
24-48 hr
B
>24 hr
C
2-3 days
D
>3 days
Ans.
A
Explanation:
A i.e. 24 – 48 hours
Q. 5
In rigor mortis muscle :
A
Stiffens
B
Shortens
C
Stiffens and shortens
D
Stiffens and lengthens
Q. 5
In rigor mortis muscle :
A
Stiffens
B
Shortens
C
Stiffens and shortens
D
Stiffens and lengthens
Ans.
C
Explanation:
C i.e. Stiffens & shorten
In rigor mortis, muscle shorten (contracted) & stiffensQ, and the reaction changes from alkaline to distinctly acidic d/t local formation of lactic acid.
Q. 6
Which of the following simulates Rigor mortis:
A
Heat stiffening
B
Cold stiffening
C
Strychnine
D
a and b
Q. 6
Which of the following simulates Rigor mortis:
A
Heat stiffening
B
Cold stiffening
C
Strychnine
D
a and b
Ans.
D
Explanation:
A i.e. Heat stiffness; B i.e. Cold stiffness
Q. 7
Rigor mortis can be simulated by
A
Cadaveric spasm
B
Algor mortis
C
Adipocere
D
Livor mortis
Q. 7
Rigor mortis can be simulated by
A
Cadaveric spasm
B
Algor mortis
C
Adipocere
D
Livor mortis
Ans.
A
Explanation:
A i.e. Cadaveric spasm
Q. 8
Delayed rigor mortis occurs with which poisoning:
A
Mercury
B
Lead
C
Arsenic
D
Strychnine
Q. 8
Delayed rigor mortis occurs with which poisoning:
A
Mercury
B
Lead
C
Arsenic
D
Strychnine
Ans.
C
Explanation:
C i.e. Arsenic
Q. 9
Rigor mortis appears last in:
March 2012
A
Eyelids
B
Neck
C
Lower limb
D
Toes
Q. 9
Rigor mortis appears last in:
March 2012
A
Eyelids
B
Neck
C
Lower limb
D
Toes
Ans.
D
Explanation:
Ans: D i.e. Toes
Rigor mortis first appears in the involuntary muscles; the myocardium.
It begins in eyelids, neck and lower jaw and passes upwards to the muscle of the face, and downwards to the muscles of the chest, upper limbs, abdomen and lower limbs and lastly in the finger and toes
Q. 10
Rigor mortis occurs due to:
September 2008
A
Muscle of the body began to relax
B
Capillo-venous distension in the most dependent body parts
C
Muscle of the body began to stiffen
D
Mummification of the body tissues
Q. 10
Rigor mortis occurs due to:
September 2008
A
Muscle of the body began to relax
B
Capillo-venous distension in the most dependent body parts
C
Muscle of the body began to stiffen
D
Mummification of the body tissues
Ans.
C
Explanation:
Ans. C: Muscle of the body began to stiffen
A few hours after the death, the joints of the body stiffen and become locked in place. This stiffening is called rigor mortis. Depending on temperature and other conditions, rigor mortis lasts approximately 24- 48 hours in winter and 18-36 hours in summer.
The phenomenon is caused by the skeletal muscles partially contracting. The muscles are unable to relax, so the joints become fixed in place Rigor mortis can be used to help estimate time of death.
The onset of rigor mortis may range from 1-2 hours, depending on factors including temperature (rapid cooling of a body can inhibit rigor mortis, but it occurs upon thawing). Maximum stiffness is reached around 12-24 hours post mortem. It first starts in involuntary muscles (myocardium)
Eyelids, neck and jaw muscles are affected first, with the rigor then spreading to other parts of the body.
The joints are stiff but after some time general tissue decay and leaking of lysosomal intracellular digestive enzymes will cause the muscles to relax.
Q. 11
True about rigor mortis are all, except:
FMGE 08
A
Seen immediately after death
B
It last 18-36 h in summer
C
It disappears in the sequence as it appears
D
It last 24-48 h in winter
Q. 11
True about rigor mortis are all, except:
FMGE 08
A
Seen immediately after death
B
It last 18-36 h in summer
C
It disappears in the sequence as it appears
D
It last 24-48 h in winter
Ans.
A
Explanation:
Ans. Seen immediately after death
Q. 12
Rigor mortis completely develops in:
Bihar 10
A
1-2 h
B
3-6 h
C
6-8 h
D
10-12 h
Q. 12
Rigor mortis completely develops in:
Bihar 10
A
1-2 h
B
3-6 h
C
6-8 h
D
10-12 h
Ans.
D
Explanation:
Ans. 10-12 h
Q. 13
Rigor mortis starts in:
UP 08
A
Eyelids
B
Heart
C
Voluntary muscle
D
Limbs
Q. 13
Rigor mortis starts in:
UP 08
A
Eyelids
B
Heart
C
Voluntary muscle
D
Limbs
Ans.
B
Explanation:
Ans. Heart
Q. 14
Rigor mortis occurs first in which voluntary muscle:
Delhi 06, 07; COMEDK 08; SGPGI 11
A
Muscles of eyelids
B
Small muscles of hands
C
Neck muscles
D
Face muscles
Q. 14
Rigor mortis occurs first in which voluntary muscle:
Delhi 06, 07; COMEDK 08; SGPGI 11
A
Muscles of eyelids
B
Small muscles of hands
C
Neck muscles
D
Face muscles
Ans.
A
Explanation:
Ans. Muscles of eyelids
Q. 15
Rigor mortis come early in all, except:
PGI 14
A
Cholera
B
Heat stroke
C
OPC poisoning
D
Pneumonia
Q. 15
Rigor mortis come early in all, except:
PGI 14
A
Cholera
B
Heat stroke
C
OPC poisoning
D
Pneumonia
Ans.
D
Explanation:
Ans. Pneumonia
Q. 16
Rigor mortis not seen in:
AIIMS 13
A
Fetus < 7 months of age
B
Full term fetus
C
Elderly
D
Anemic person
Q. 16
Rigor mortis not seen in:
AIIMS 13
A
Fetus < 7 months of age
B
Full term fetus
C
Elderly
D
Anemic person
Ans.
A
Explanation:
Ans. Fetus < 7 months of age
Q. 17
Rigor mortis is simulated by all, except:
PGI 06
A
Cold stiffness
B
Heat stiffness
C
Tetanus
D
Putrefaction
Q. 17
Rigor mortis is simulated by all, except:
PGI 06
A
Cold stiffness
B
Heat stiffness
C
Tetanus
D
Putrefaction
Ans.
C
Explanation:
Ans. Tetanus
Q. 18
When group of muscles of dead body were in state of strong contration immediately prior to death and remain so even after death, this is termed as ‑
A
Gas stiffening
B
Rigor mortis
C
Cadaveric spasm
D
Cold stiffening
Q. 18
When group of muscles of dead body were in state of strong contration immediately prior to death and remain so even after death, this is termed as ‑
A
Gas stiffening
B
Rigor mortis
C
Cadaveric spasm
D
Cold stiffening
Ans.
C
Explanation:
Ans. is ‘c’ i.e., Cadaveric spasm
Cadaveric spasm (instantaneous rigor) is defined as the condition wherein a group of muscles, which were in contraction or spasm at the time of death, continue to be in spasm even after death, without the stage of primary relaxation.
Q. 19
Rigor mortis in fetus at birth can be seen in ‑
A
Dead born
B
Still born
C
Superfoetation
D
Superfecundation
Q. 19
Rigor mortis in fetus at birth can be seen in ‑
A
Dead born
B
Still born
C
Superfoetation
D
Superfecundation
Ans.
A
Explanation:
Ans. is ‘a’ i.e., Dead born
Signs of dead born (intrauterine death : IUD) are (i) Rigor mortis at birth, (ii) Maceration, (iii)Putrefaction, and (iv) Mummification.
Q. 20
Elderlyindividual living alone in a temperate zone is found dead one morning & electric heater is found to be damaged. The rigor mortis will set in‑
A
Earlier than expected
B
Later than expected
C
Will not set in
D
No change
Q. 20
Elderlyindividual living alone in a temperate zone is found dead one morning & electric heater is found to be damaged. The rigor mortis will set in‑
A
Earlier than expected
B
Later than expected
C
Will not set in
D
No change
Ans.
B
Explanation:
Ans. is ‘b’ i.e., Later than expected
In temperate climate, rigor mortis begins late and lasts longer than in tropical countries.
Rigor mortis (Cadaveric Rigidity or Death Stiffening)
It is defined as contraction, stiffening, shortenig and opacity of muscles after death. It occurs after molecular (cellular) death.
In tropical countries (e.g. india), it begins 1-2 hours after death, takes further 2 hours to develop, and lasts for 18-36 hours in summer and 24-48 hours in winter. In temperate countries, it begins in 3-6 hours, takes further 23 hours to develop and lasts for 2-3 days.
All muscles of body are involved, i.e. voluntary or involuntary.
However, it does not start in all muscles simultaneously (nysten’s rule). Involuntary muscles (heart) are involved first than voluntary muscles. Sequence of muscles involvement is as follows : Heart> upper eyelid> neck >jaw > face > chest > upper limb > abdomen > lower limb > finger and toes.
It passes off in the same order in which it has appeared.
Factors affecting rigor mortis
Rigor mortis is not seen : (1) Fetus < 7 months, (ii) Septiccemic conditions.
Appears early and passes off quickly : (i) Chronic diseases (TB, cancer, typhoid, cholera), (ii) Convulsive disorders (strychnine poisoning ), (iii) Violent deaths (cut throat, electrocution, lightening).
Early onset and last longer : Drowning and strychnine poisoning
Early onset : Organophosphate poisoning and fatigue/exhaustion before death
Delayed onset : Asphyxia, apoplexy, severe hemorrhage, pneumonia and paralysis of muscles.
Lasts longer or delayed disappearance : (i) CO poisoning, (ii) Arsenic poisoning
Early disappearance : Widespread bacterial infection, e.g., gas gangrene.
Q. 21
All are true regarding muscular changes after death except ‑
A
Rigor mortis occurs 1-2 hours after the death
B
Cadaveric spasm involves involuntary muscles
C
Rigor mortis involves voluntary muscles
D
Rigor mortis involves involuntary muscles
Q. 21
All are true regarding muscular changes after death except ‑
A
Rigor mortis occurs 1-2 hours after the death
B
Cadaveric spasm involves involuntary muscles
C
Rigor mortis involves voluntary muscles
D
Rigor mortis involves involuntary muscles
Ans.
B
Explanation:
Ans. is ‘b’ i.e., Cadaveric spasm involves involuntary muscles
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Intra Ocular tension falls, eyeballs become flaccid and sink in the orbit
Blood flow in the retina became dotted and segmented look.
Optic disc looks pale.
Pupils fully dilated in the early stage and constict later due rigor mortis.
Brownish discolouration of the sclera due to cellular debris and dust-Tache noire
Changes in Skin
Loss of its translucency
Pale and Ashy white appearance
Loss of Elasticity
Wounds will not gape if it is inflicted after death
Wounds caused during life will retain their characteristic features
Cooling Of Body/Algor Mortis
Imbalance between heat production and heat loss.
Loss of heat of body by means of conduction convection and radiation, till it balances with the temperature of surroundings.
Rate of cooling is fast during first few hours and later slows.
Temperature is recorded by Chemical thermometer- Thanotometer 25 cms.
Recording of temperature :
Normal temp. – Rectal temp.
Rate of temp. fall/hour
Variation of body temperature
Conditions in which heat may be retained or increased.
Sunstroke and pontine haemorrhage, disturbed heat-regulating mechanism.
Tetanus and strychnine poisoning, due to increase in heat production in the muscle.
Acute bacterial or viral infection, lobar pneumonia, typhoid fever, encephalitis, etc.
Intense asphyxial conditions- rise of temp by 2-3 c at death“ Postmortem Caloricity”
The rate of cooling of the body is modified by the following conditions;
Age
Condition of the body
Mode of death
Surroundings
Environmental temperature
Postmortem Lividity
It means discolouration or staining of the skin and organs after death due to accumulation of fluid blood in the dependent parts of the body.
Post mortem staining/Hypostasis/Suggilation/ Vibices/ Livour mortis.
1- 3 hr. Starts
6-8 hr. Fixes.
Is the fourth stage and one of the signs of death.
Purple coloration of dependent parts, except in areas of contact pressure, appearing within 30 minutes to 2 hours after death, as a result of gravitational movement of deoxygenated blood within the vessels.
If the body is lying in moving water, due to constant movement of the body postmortem lividity may not develop.
Colour of post mortem lividity (hypostasis)
Normal – Bluish pink which later turns into bluish purple
Hypothermic- Bright Pink
Carbon monoxide – Bright cherry red
Cyanide – Pink
Phosphorous – Dark brown
Nitrates – Reddish brown
Chlorates – Chocolate brown
Hydrogen sulphide – Bluish Green
Aniline – Deep blue
Opiates – Black
Medicolegal Importance of Postmortem Lividity
It is a reliable sign of death
It gives the information about the position of the body at the time of death
Time since death can be estimated
Colour suggest the cause of death
Distribution of lividity may give the information about the manner of death
Changes in Muscle
Primary relaxation/ Flaccidity
Rigor mortis/Cadaveric rigidity
Secondary relaxation
Starts immediately after death with generalised relaxation of muscle tone:
Drop of lower Jaw
Eye balls lose their tension
Pupils are dilated
Joints are flabby
Smooth relaxation- incontinence of Urine and Faeces.
Exam Question
Early changes
Changes in the eye
Changes in the skin
Cooling of the body/Algor mortis
Post-mortem lividity/Hypostasis
Rigor mortis/Cadaveric rigidity
Changes In Eye
Brownish discolouration of the sclera due to cellular debris and dust-Tache noire
Changes in Skin
Wounds caused during life will retain their characteristic features
Cooling Of Body/Algor Mortis
Imbalance between heat production and heat loss.
Tetanus and strychnine poisoning, due to increase in heat production in the muscle.
Acute bacterial or viral infection, lobar pneumonia, typhoid fever, encephalitis, etc.
Postmortem Lividity
Post mortem staining/Hypostasis/Suggilation/ Vibices/ Livour mortis.- 1- 3 hr. Starts
Purple coloration of dependent parts, except in areas of contact pressure, appearing within 30 minutes to 2 hours after death, as a result of gravitational movement of deoxygenated blood within the vessels.
If the body is lying in moving water, due to constant movement of the body postmortem lividity may not develop.
Colour of post mortem lividity (hypostasis)
Normal – Bluish pink which later turns into bluish purple
Hypothermic- Bright Pink
Carbon monoxide – Bright cherry red
Cyanide – Pink
Phosphorous – Dark brown
Nitrates – Reddish brown
Chlorates – Chocolate brown
Hydrogen sulphide – Bluish Green
Aniline – Deep blue
Opiates – Black
Medicolegal Importance of Postmortem Lividity
It gives the information about the position of the body at the time of death
Time since death can be estimated
Don’t Forget to Solve all the previous Year Question asked on Postmortem changes – Early
All statements which the court permits or requires to be made before it by witnesses, in relation to matter of fact under inquiry.
It includes:
All documents produced for the inspection of court.
Types of Medical Evidence
Documentary
Medical certificate
Medico-legal reports
Dying declaration
Oral-
Direct
Indirect or Circumstantial
Hearsay
Medical Certificates:
Documentary evidence
They refer to ill health, insanity, age, death etc.
The medical practitioner is bound to issue death certificate, stating the cause of death, without charging the fees.
Issuing false medical certificate is punishable under section 197IPC.
Medical reports:
They are the medical reports prepared by a doctor on request of the investigating officer, usually in the criminal cases.
The report consists of two parts:
Facts observed on examination
Opinion drawn from the facts
Dying declaration:
It is a written or oral statement of a person, who is dying as a result of some unlawful act, relating to the material facts of cause of his death.
Magistrate should be called to record the declaration (if there is time).
Doctor should certify his mental state and consciousness before recording(compos mentis).
If there is no time to call the magistrate, the doctor should take the declaration in the presence of two witnesses.
It can also be recorded by village headman, police officer, but its value is less.
Oath is not necessary.
It must be signed by the declarant, doctor and the witnesses.
If the declarant dies, it is accepted as the evidence in court.
If the declarant survives, it is not valid, but it has the corroborative value.
The declarant should not be influenced.
Dying Deposition
It is the statement of a person on oath, recorded by the magistrate in the presence of the accused or his lawyer, who is allowed to cross-examine the witness.
More importance in court then dying declaration
Exam Question
Types of Medical Evidence
Documentary
Medical certificate
Medico-legal reports
Dying declaration
Medical Certificates:
Documentary evidence
Issuing false medical certificate is punishable under section 197IPC.
Dying declaration:
It is a written or oral statement of a person, who is dying as a result of some unlawful act, relating to the material facts of cause of his death.
Magistrate should be called to record the declaration (if there is time).
Doctor should certify his mental state and consciousness before recording(compos mentis).
Dying Deposition
It is the statement of a person on oath, recorded by the magistrate in the presence of the accused or his lawyer, who is allowed to cross-examine the witness.
More importance in court then dying declaration
Don’t Forget to Solve all the previous Year Question asked on Medical Evidence
Dying deposition is more important than dying declaration becase it is :
A
Made to a magistrate
B
Oath is taken
C
Made in presence of accused
D
Cross examination is permitted
Q. 3
Dying deposition is more important than dying declaration becase it is :
A
Made to a magistrate
B
Oath is taken
C
Made in presence of accused
D
Cross examination is permitted
Ans.
A
Explanation:
A i.e. Made to magistrate
Q. 4
Which carries more weight in a court of law :
A
Dying declaration
B
Dying deposition
C
Both carry the same weight
D
Both are not significant
Q. 4
Which carries more weight in a court of law :
A
Dying declaration
B
Dying deposition
C
Both carry the same weight
D
Both are not significant
Ans.
B
Explanation:
B i.e. Dying deposition
Q. 5
Medical certificate is :
A
Documentary evidence
B
Oral evidence
C
Hearsay evidence
D
Parole
Q. 5
Medical certificate is :
A
Documentary evidence
B
Oral evidence
C
Hearsay evidence
D
Parole
Ans.
A
Explanation:
A i.e. Documentary evidence
Medical certificate is simplest form of documentary evidence. In case of death certificate doctor
– Must issue certificate & cannot charge any fees for itQ
Can not delay it even if his professional charges are not paid
Must mention the exact cause of death instead of vague terms.
Q. 6
When a doctor issues a false medical certificate, then he is liable under:
AIIMS 11; Bihar 11; NEET 15
A
Sec. 197 IPC
B
Sec. 87 IPC
C
Sec. 304A IPC
D
Sec. 338 IPC
Q. 6
When a doctor issues a false medical certificate, then he is liable under:
AIIMS 11; Bihar 11; NEET 15
A
Sec. 197 IPC
B
Sec. 87 IPC
C
Sec. 304A IPC
D
Sec. 338 IPC
Ans.
A
Explanation:
Ans. Sec. 197 IPC
Q. 7
Dying declaration can be taken by:
PGI 12; NIMHANS 14
A
Village headman
B
Doctor
C
Magistrate
D
Any one
Q. 7
Dying declaration can be taken by:
PGI 12; NIMHANS 14
A
Village headman
B
Doctor
C
Magistrate
D
Any one
Ans.
D
Explanation:
Ans. Any one
Q. 8
Dying declaration is a:
MAHE 10
A
Circumstantial evidence
B
Oral evidence
C
Documentary evidence
D
Hearsay evidence
Q. 8
Dying declaration is a:
MAHE 10
A
Circumstantial evidence
B
Oral evidence
C
Documentary evidence
D
Hearsay evidence
Ans.
C
Explanation:
Ans. Documentary evidence
Q. 9
Documentary evidence along with oral evidence is required:
PGI 12
A
Dying declaration
B
Postmortem report
C
DNA fingerprinting
D
Chemical examiner report
Q. 9
Documentary evidence along with oral evidence is required:
PGI 12
A
Dying declaration
B
Postmortem report
C
DNA fingerprinting
D
Chemical examiner report
Ans.
B
Explanation:
Ans. Postmortem report
Q. 10
Doctors role in noting dying declaration is to ‑
A
Ascertain compos mentis
B
Call the magistrate
C
Elicit information by leading questions
D
Ask the investiating medial officer to be there
Q. 10
Doctors role in noting dying declaration is to ‑
A
Ascertain compos mentis
B
Call the magistrate
C
Elicit information by leading questions
D
Ask the investiating medial officer to be there
Ans.
A
Explanation:
Ans. is ‘a’ i.e., Ascertain compos mentis
Dying declaration
It is the written or verbal statement made by a person likely to die because of some unnatural act done on his body, narating the circumstances or the conditions responsible for his present state of health or the cause and manner of likely unnatural death.
Ideally dying declaration should be recorded by executive or honorary magistrate, but can also be recorded by doctor, village head man, police or any other person, if there is no time to call a magistrate. Doctor has to certify the patient to be compos mentis (sound mind). It is recorded in presence of two disinterested witnesses. Relatives and police officers are not allowed to be present. No oath is administered.
It carries less weight than dying deposition as no cross-examination is possible. If the patient does not die after the recording of declaration, the dying declaration loses its importance sice now he can be called to the court and his evidence can be recorded after cross-examination.
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In which of the following conditions postmortem lividity is unlikely to develop?
A
Drowning in well
B
Postmortem submersion
C
Drowning in a fast flowing river
D
Drowning in chlorinated swimming pool.
Q. 1
In which of the following conditions postmortem lividity is unlikely to develop?
A
Drowning in well
B
Postmortem submersion
C
Drowning in a fast flowing river
D
Drowning in chlorinated swimming pool.
Ans.
C
Explanation:
If the body is lying in moving water, due to constant movement of the body postmortem lividity may not develop.
Ref: The Essentials of Forensic Medicine and Toxicology By Dr K S Narayan Reddy, 27th Edition, Pages 137-9
Q. 2
Which among the following is not known to cause delay in algor mortis?
A
Pontine hemorrhage
B
Asphyxial death
C
Septicemia
D
Burns
Q. 2
Which among the following is not known to cause delay in algor mortis?
A
Pontine hemorrhage
B
Asphyxial death
C
Septicemia
D
Burns
Ans.
D
Explanation:
Algor mortis is the cooling of body after death.
Pontine hemorrhage, tetanus, asphyxial death, septicemia, sunstroke etc are causes for post mortem caloricity.
In case of burns, there is a loss of heat due to evaporation of fluids from the raw surface and hence causes ↑ algor mortis.
Ref: Textbook of Forensic Medicine and Toxicology by Narayan Reddy, Edition 23, Page – 124
Q. 3
Which of the following is TRUE about cadaveric lividity?
A
It occurs only in the dependent parts
B
It occurs only upto 3-4 hours after death
C
It occurs due to dilatation of arterioles
D
All these
Q. 3
Which of the following is TRUE about cadaveric lividity?
A
It occurs only in the dependent parts
B
It occurs only upto 3-4 hours after death
C
It occurs due to dilatation of arterioles
D
All these
Ans.
A
Explanation:
Cadaveric lividity is the bluish-purple or purplish-red discolouration which appears under the skin in the most superficial layers of the dermis (rete mucosum) of the dependent parts of the body after death, due to capillo-venous distention.
It is well developed within four hours and reaches a maximum between 6 to 12 hours and persists until putrefaction sets in.
Ref: Essentials of Forensic Medicine and Toxicology by Narayan Reddy, 27th edition, Page 136-137.
Q. 4
Post mortem lividity persists till :
A
24 hours
B
18 hours
C
2-3 days
D
Merges with putrefactive changes
Q. 4
Post mortem lividity persists till :
A
24 hours
B
18 hours
C
2-3 days
D
Merges with putrefactive changes
Ans.
D
Explanation:
D i.e. Merges with putrefactive changes
– Postmortem lividity also k/a suggilation, vabices, hypostasis, staining, darkening of death is an early sign of death & commences within an hour of death.Q
– Fixed in about 4 – 6 hoursQ; reaches maximum between 6-12 hoursQ and persists until putrefaction sets in.Q Lividity does not develop in drowning in running water & areas of contact flattening.Q
When lividity first develops (i.e. before fixing), on applying firm pressure it disappears & releasing pressure it reappears (Difference from bruise).
Q. 5
A dead body is having cadaveric lividity of bluish green colour. The most likely cause of death is by poisoning due to
A
Hydrocyanic acid
B
Hydrogen sulphide
C
Oleander
D
Sodium nitrite
Q. 5
A dead body is having cadaveric lividity of bluish green colour. The most likely cause of death is by poisoning due to
A
Hydrocyanic acid
B
Hydrogen sulphide
C
Oleander
D
Sodium nitrite
Ans.
B
Explanation:
B i.e. Hydrogen sulphide
Q. 6
Dark brown P.M. lividity is seen in:
A
Aniline
B
CO
C
Phosphorous
D
Hydrocyanide
Q. 6
Dark brown P.M. lividity is seen in:
A
Aniline
B
CO
C
Phosphorous
D
Hydrocyanide
Ans.
C
Explanation:
c i.e. Phosphrous
Q. 7
Which of the following is not a postmortem change:
NEET 15
A
Algor mortis
B
Rigor mortis
C
Atria mortis
D
Livor mortis
Q. 7
Which of the following is not a postmortem change:
NEET 15
A
Algor mortis
B
Rigor mortis
C
Atria mortis
D
Livor mortis
Ans.
C
Explanation:
Ans. Atria mortis
Q. 8
Postmortem lividity is useful to access:
TN 06
A
Time since death
B
To know the weapon used
C
Position of the body after death
D
A and C
Q. 8
Postmortem lividity is useful to access:
TN 06
A
Time since death
B
To know the weapon used
C
Position of the body after death
D
A and C
Ans.
D
Explanation:
Ans. A and C
Q. 9
Best medium to estimate time since death:
Maharashtra 09
A
Blood
B
Vitreous humor
C
CSF
D
Pericardial fluid
Q. 9
Best medium to estimate time since death:
Maharashtra 09
A
Blood
B
Vitreous humor
C
CSF
D
Pericardial fluid
Ans.
B
Explanation:
Ans. Vitreous humor
Q. 10
Color of postmortem lividity in hypothermic deaths:
NEET 13
A
Purple
B
Deep red
C
Cherry red
D
Bright pink
Q. 10
Color of postmortem lividity in hypothermic deaths:
NEET 13
A
Purple
B
Deep red
C
Cherry red
D
Bright pink
Ans.
D
Explanation:
Ans. Bright pink
Q. 11
A dead body is having cadaveric lividity of bluish green color. The most likely cause of death is by poisoning due to:
AIIMS 06; DNB 10; NEET 13
A
Hydrocyanic acid
B
Hydrogen sulfide
C
Oleander
D
Sodium nitrite
Q. 11
A dead body is having cadaveric lividity of bluish green color. The most likely cause of death is by poisoning due to:
AIIMS 06; DNB 10; NEET 13
A
Hydrocyanic acid
B
Hydrogen sulfide
C
Oleander
D
Sodium nitrite
Ans.
B
Explanation:
Ans. Hydrogen sulfide
Q. 12
What is the proof of eyes being open for few hours after death ‑
A
Kevokian sign
B
Tache noir
C
Both of the above
D
None of the above
Q. 12
What is the proof of eyes being open for few hours after death ‑
A
Kevokian sign
B
Tache noir
C
Both of the above
D
None of the above
Ans.
B
Explanation:
Ans. is ‘b’ i.e., Tache noir
If the eye lids are open for a few hours after death, a film of cell debris and mucous forms two yellow triangles on the sclera on either side of the iris , which become brown and then black called tache noir withing 3 – 4 hours.
Q. 13
Algor mortis is ‑
A
Rise of body temperature after death
B
Cooling of body
C
Persistent body spasm
D
None
Q. 13
Algor mortis is ‑
A
Rise of body temperature after death
B
Cooling of body
C
Persistent body spasm
D
None
Ans.
B
Explanation:
Ans. is ‘b’ i.e., Cooling of body
ALGOR MORTIS
After death, dead body behaves like an inert substance and therefore, if atmospheric temperature is low, body loses its heat by conduction, covection, radiation and evoporation, so as to attain the atmospheric temperature, i.e. the body cools. No cooling of dead body occurs if atmospheric temperature is higher than that of body.
Cooling of body starts 1/2 to 1 hour after death. There are varying opinions about rate of cooling of dead body:
i) Most widely accepted view is that the rate of cooling in india (tropical countries) is 0.5-0.7° C/hour, so that body attains atmospheric temperature in 16-20 hours after death. In temperate climate, the rate of fall is about 1.5° C/hour.
ii) As per another view, cooling is faster in initial period, when the temprature difference between body and atmosphere is maximum ‑
First 30-45 minutes —> No temperature fall (isothermic phase).
First 1-6 hours —4 1.5-2° C/hour.
6-12 hours 0.9-1.2° C/hour.
After 12 hours —> 0.4-0.6° C/hour.
iii) Rate of cooling is related to difference in temperature and its surroundings (environment). In the first 2 hours average rate fall of temperature is roughly half this difference. In next 2 hours the temperature fall is at half this rate and in subsequent 2 hours, at quarter this rate.
iv) Most common site for recording temperature is the rectum. Thermameter is inserted in rectum around 8-10 cm for 2 minutes. Other sites for recording temperture are nose, ear (external auditory meatus), vagina and under liver.
Medicolegal importance of algor mortis –
i) It is a sign of death.
ii) Time since death may be determined and and algor mortis is the most important indicator to determine the time since death during first 24 hours.
Q. 14
Post mortem lividity in a case of poisoning caused by inhalation of fumes for a few minutes in a person working in gold mining is represented in the picture below .It is seen in a case of ?
A
CO poisoning.
B
HCN poisoning.
C
H2S poisoning.
D
Phosphorus poisoning.
Q. 14
Post mortem lividity in a case of poisoning caused by inhalation of fumes for a few minutes in a person working in gold mining is represented in the picture below .It is seen in a case of ?
A
CO poisoning.
B
HCN poisoning.
C
H2S poisoning.
D
Phosphorus poisoning.
Ans.
B
Explanation:
Ans:B.)HCN poisoning.
The poisoning case shown in the picture above represents HCN poisoning as lividity shown is bright red(pinkish red) staining.
HCN poisoning
Acute hydrogen cyanide poisoning can result from inhalation of fumes from burning polymer products that use nitrile in their production, such as polyurethane, or vinyl.
Cyanides are used in many industries and thus are available to potential poisoners.
The main industries that use cyanides are:Mining of gold and Silver,Electroplating industry,pesticide industry
Cyanide poisoning is a form of histotoxic hypoxia because the cells of an organism are unable to create ATP, primarily through the inhibition of the mitochondrial enzyme cytochrome c oxidase.
Autopsy Findings
Hypostasis is said to be brick-red, due to excess oxyhaemoglobin (because the tissue are prevented from using oxygen) and to the presence of cyanmethaemoglobin.
There may be a smell of cyanide about the body, and a distinct odor of bitter almonds about the viscera especially in the skull cavity and the brain.
Internally the tissues may also be bright pink caused by the oxyhaemoglobin that cannot be utilized by the tissues – which is probably more common than the presence of cyanmethaemoglobin.
The stomach lining may be badly damaged and can present a blackened, eroded surface, by altered blood staining the stripped mucosa.The oesophagus may be damage, especially the mucosa of the lower third.
CO poisoning
Cyanide poisoning
Effect on ability of RBCs to transfer Oxygen
Yes,it impairs
No
Effect on mitochondria
Effect not as much as Cyanide poisoning
Complete and sustained blockade of cellular respiration inducing severe lactic acidosis
Type of Hypoxia
Hypemic hypoxia is caused by the reduction of the oxygen carrying capacity of the blood.
Histotoxic hypoxia because the cells of an organism are unable to create ATP, primarily through the inhibition of the mitochondrial enzyme cytochrome c oxidase.
Amount of exposure required
Requires hours of exposure
Occurs within seconds or minutes of exposure
Post-mortem lividity Colour
Cherry red
Pinkish red
Treatment
Oxygen
Oxygen with Antidote like amyl nitrite,intravenous sodium nitrite, intravenous sodium thiosulfate and Hydroxocobalamin
Q. 15
Measurement of which electrolyte in this fluid as marked by an arrow shown in the photograph below to evaluate time since death ?
A
Sodium.
B
Potassium.
C
Chloride.
D
Proteins.
Q. 15
Measurement of which electrolyte in this fluid as marked by an arrow shown in the photograph below to evaluate time since death ?
A
Sodium.
B
Potassium.
C
Chloride.
D
Proteins.
Ans.
B
Explanation:
Ans:B.)Potassium
The fluid shown in the picture above represents Vitreous humor.
Vitreous humour
It is a transparent, colorless, gelatinous mass that fills the space in the eye between the lens and the retina.
Produced by cells in the non-pigmented portion of the ciliary body.
Biochemical Properties:
It is composed mostly of phagocytes, which remove unwanted cellular debris in the visual field, and hyalocytes.
The vitreous humour contains no blood vessels, and 98–99% of its volume is water .
In addition to water, the vitreous consists of salts, sugars, vitrosin (a type of collagen), a network of collagen type II fibrils with glycosaminoglycan, hyaluronan, opticin, and a wide array of proteins.
It has a refractive index of 1.336.
Clinical Significance:
Unlike the fluid in the frontal parts of the eye (aqueous humour) which is continuously replenished, the gel in the vitreous chamber is stagnant. Therefore, if blood, cells or other byproducts of inflammation get into the vitreous, they will remain there unless removed surgically.These are known as floaters.
The metabolic exchange and equilibration between systemic circulation and vitreous humour is so slow that vitreous humour is sometimes the fluid of choice for postmortem analysis of glucose levels or substances which would be more rapidly diffused, degraded, excreted or metabolized from the general circulation.
Vitreous humor is strongly recommended as a body fluid for determination of ethanol in postmortem toxicology to help establish whether the deceased had consumed ethanol before death.
Forensic Significance:
After death, the vitreous resists putrifaction longer than other body fluids. The vitreous potassium concentration rises so predictably within the hours, days and weeks after death, that vitreous potassium levels are frequently used to estimate the time-of-death
Q. 16
Post mortem lividity as shown in the photograph below is due to which poisoning ?
A
Carbon monoxide.
B
Hydrogen sulphide.
C
Nitrites.
D
Phosphorus.
Q. 16
Post mortem lividity as shown in the photograph below is due to which poisoning ?
A
Carbon monoxide.
B
Hydrogen sulphide.
C
Nitrites.
D
Phosphorus.
Ans.
A
Explanation:
Ans:A.)Carbon Monoxide
Post mortem lividity shows Bright red cherry discolouration of Skin.
Postmortem lividity
Livor mortis (postmortem lividity / hypostasis / suggillation)is the fourth stage and one of the signs of death.
Purple coloration of dependent parts, except in areas of contact pressure, appearing within 30 minutes to 2 hours after death, as a result of gravitational movement of deoxygenated blood within the vessels.
Colour of post mortem lividity (hypostasis)
Normal – Bluish pink which later turns into bluish purple
Carbon monoxide – Bright cherry red
Cyanide – Pink
Phosphorous – Dark brown
Nitrates – Reddish brown
Chlorates – Chocolate brown
Hydrogen sulphide – Bluish Green
Aniline – Deep blue
Opiates – Black
Postmortem findings of CO-poisoning
Fine froth at mouth and nose.
Bright cherry red discolouration of skin, mucous membranes, nail-beds, blood, tissues and internal organs as shown in the picture above. Cyanide poisoning and exposure to cold causes similar redness.
Blood is fluidish thin, hyperemia (congestion) is general, and serous effusion are common.
Skin blisters or red patches due to hypoxia in areas that contact the ground or appositional skin e.g. axilla, inner thigh, buttock, calves, knee.
Lungs show congestion with pink fluid blood, followed by pulmonary edema and bronchopulmonary consolidation. Pleural and pericardial anoxic haemorrhage, tiny focal necroses in myocardium are late changes (5 days).
Bilateral symmetrical necrosis and cavitation of basal ganglia (esp globus pallidus and putamen)
Spectroscopic examination, Hoppe – Seyler’s test (10% NaOH), kunkel’s (tannic acid) test and adding water (15 ml) in 2 drops of blood can detect CO.
Q. 17
Tache noire de salenortica is a postmortem finding is related to
A
Eye
B
Muscle
C
Hair
D
Semen
Q. 17
Tache noire de salenortica is a postmortem finding is related to
A
Eye
B
Muscle
C
Hair
D
Semen
Ans.
A
Explanation:
Brownish discolouration of the sclera due to cellular debris and dust-Tache noire
Q. 18
Which of the following shows Kevorkian sign?
A
Retina
B
Sclera
C
Vitreous
D
Q. 18
Which of the following shows Kevorkian sign?
A
Retina
B
Sclera
C
Vitreous
D
Ans.
A
Explanation:
Fragmentation or segmentation (trucking or shunting) of the blood columns (Kevorkian sign) appears in the retinal blood vessels within minutes after death and persists for about an hour.
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A person who gives evidence about the facts observed or perceived by him.
Principle is known as “first-hand knowledge rule”
Expert witness:
A person who has been trained or is skilled or has knowledge in technical or scientific subject, and is capable of drawing the opinion and conclusions from the facts observed by himself or noticed by others.
Eg: doctor, fingerprint expert, ballistic expert.
Hostile witness:
One who is supposed to have some interest or motive for concealing part of the truth, or for giving completely false evidence.
IPC -191
Perjury
Willful false evidence
Whoever, being legally bound by an oath or by an express provision of law to state the truth , or being bound by law to make a declaration upon any subject , makes any statement which is false , and which he either knows or believe to be false ,is said to give false evidence(sections 191 ,192 IPC and 344 CrPC).
Punishment of up to 7 years(section 193 IPC)
Record of Evidence
Oath
Oath is declaration required by law, which is compulsory and hold the witness responsible for the consequences of his evidence.
Examination-in-chief (Direct Examination)
This is the first examination of a witness.
Question are put to him by the lawyer for the side which has summoned him.
In criminal cases burden to prove is always on the prosecution, and accused is presumed to be innocent till the contrary is proved against him.
No leading question is allowed.
The objects are:
To elicit all relevant, convincing medical facts.
To elicit the conclusion which the doctor has drawn from the facts
Cross-Examination
Witness is questioned by the lawyer for the opposite party.
The defense witness is cross examined by the public prosecutor.
Leading questions are allowed.
The main objects are:
To elicit facts favourable to his case.
To test the accuracy of statement made by witness.
To modify or explain what has been said.
To develop new or odd facts.
To discredit the witness.
To remove any undue emphasis which may have been given to any of them.
Reexamination(Re-Direct – Examination)
This is conducted by the lawyer for the side which has called the witness.
The objective is:
To correct any mistake or to clarify or to add the details to the statement made by witness in cross-examination.
Leading questions are not allowed.
The opposing lawyer has right to re-cross-examination on the new point raised.
Conduct money
It is money paid in some legal systems to a person under the compulsion of a summons to witness/ subpoena to pay for their expenses to attend in court.
It generally incorporates a daily rate for each day the witness must attend in court (with a one-day minimum), plus a travel allowance to allow the witness to get to the place of the hearing.
Generally, conduct money must be delivered with the summons for it to have legal effect.
Witnesses are generally entitled to additional conduct money if their attendance is required on more days than anticipated.
Moreover, witnesses who are required to make an overnight stay to attend in court on more than one day are generally entitled to an allowance for accommodation and meals.
The rates for travel, daily attendance, accommodation and meals are generally set under a court tariff, and are fixed for all witnesses.
A witness may not refuse to appear merely because they believe the conduct money is insufficient to make up for their lost wages or actual travel expenses.
Witnesses may be paid more, but the additional cost cannot be claimed against the losing party – only the tariff amount can be recovered.
Occasionally, special witnesses, such as experts, may be entitled to receive conduct money under a higher tariff.
Exam Question
Witnesses
A person who gives evidences regarding facts.
Types
Common witness
Expert witness
Expert witness:
doctor, fingerprint expert, ballistic expert.
Volunteering a statement can be done by doctor
Hostile witness:
One who is supposed to have some interest or motive for concealing part of the truth, or for giving completely false evidence.
IPC -191
Perjury
Willful false evidence
Whoever, being legally bound by an oath or by an express provision of law to state the truth , or being bound by law to make a declaration upon any subject , makes any statement which is false , and which he either knows or believe to be false ,is said to give false evidence(sections 191 ,192 IPC and 344 CrPC).
Punishment of up to 7 years(section 193 IPC)
Record of Evidence
Oath is declaration required by law, which is compulsory and hold the witness responsible for the consequences of his evidence.
Cross-Examination
Witness is questioned by the lawyer for the opposite party.
The defense witness is cross examined by the public prosecutor.
Leading questions are allowed.
Conduct money
It is money paid in some legal systems to a person under the compulsion of a summons to witness/ subpoena to pay for their expenses to attend in court.
Conduct money is paid to expert witness with summons from civil court
In civil cases, conduct money is decided by judge
Don’t Forget to Solve all the previous Year Question asked on Witnesses and Recording Of Evidence
