Law Notes Hub: BALLB Lecture Notes

OBJECT A presumption in law means inferences which are concluded by the court with respect to the existence of certain facts. There is a general presumption of continuity of things. Once a thing is shown to exist, the law presumes that it continues to exist until the contrary is shown. This applies to continuity of life also.  The concept of presumption of survivorship is associated with the legal issues related to inheritance or distribution of property when two or more persons, who are natural heirs of each other, die almost at the same time. Death may occur due to a common disaster such as aircraft crash, earthquake, shipwreck, road traffic accident, battle etc.. Section 107 Indian Evidence Act accordingly provides that when a person is shown to have existed within the last thirty years, the presumption is that he is still alive and if anybody alleges that he is dead, he must prove that fact. S.1 07. Burden of proving death of person known to have been alive within thirty years....

Who examines the injured person?  A medical officer or a casualty medical officer known as Registered Medical Practitioner (RMP). [Explanation (b) to Section 53 Crpc (now S.51 BNSS)-"registered medical practitioner" means a medical practitioner who possesses any medical qualification as defined in clause (h) of Section 2 of the Indian Medical Council Act, 1956 (102 of 1956) and whose name has been entered in a State Medical Register.] What is an Accident register MLR?  The details of examination is entered in an accident register for the purpose of preparing a medicolegal injury report (MLR). It is a confidential record. It has to be produced in court if required by court of law. It is maintained by all the government hospitals. Patient may be an outpatient or admitted in ward.  Prior to a medicolegal examination, informed consent must be obtained from the injured party or from a legal guardian if the injured is unable to give consent. According to the...

 Medico-Legal Aspect of Wounds is one of the prime areas of Forensic studies.  Examination of injuries and wounds help a great deal in the discovery of the method of crime and the time of death (if any) and nature of weapon used in the crime. The examination of an injured person is a complex process and requires great care and caution as in many cases, whole investigation may depend on it.  After the examination of an injured person, the examining doctor prepares an injury certificate wherein he chalks out all the details regarding the nature, age, size and grievousness of injury. Along with it, the injury certificate also contains the details of the weapon used and other details as the doctor deems fit with regard to the injury.  NATURE OF INJURY   While describing the injuries in the form, the doctor should carefully note their nature and number, the character of their edges, their size as regards length, breadth and depth, the line of direction and their...

 An autopsy is generally the most accurate method available to determine the cause of death during murder cases and consequently, whether the fatality was innocent or in fact a disguised murder. Different measures are taken under different situations and with it being rather difficult to explain every single scenario possible, below are some common examples, which may likely perk your interest. An assailant is not responsible for the death of his victim occurring on receiving an injury, if it can be proved from post-mortem examination that it was due to natural causes, such as cerebral or subarachonoid haemorrhage, heart disease, particularly of coronary artery, hypertension or any other pathological condition or poisoning, and that the  infliction of the injury did not operate in any way, immediately or remotely, to cause the death which might have occurred at the time even if the injury had not been inflicted.  To substantiate a charge of murder or culpable homi...

  Ante-mortem Wounds Definition: Ante-mortem wounds are injuries that occur while the individual is still alive. These wounds exhibit signs of physiological responses due to the body's reaction to injury. Characteristics : Signs of inflammation (redness, swelling) Presence of blood (hemorrhage) Healing processes may be observed (scabbing, blistering) Signs of pain or distress noted in the victim may be recorded Examples: Laceration: A cut caused by a sharp object, showing blood and possibly signs of infection or healing. Gunshot Wound: A penetrating injury from a firearm that results in bleeding and may show signs of trauma to surrounding tissues. Stab Wound: A deep puncture wound indicating an assault; would likely show tissue damage and swelling around it. Fracture: A broken bone due to impact, which would often result in significant pain and swelling. Post-mortem Wounds Definition: Post-mortem wounds are injuries inflicted on a body after death. These wounds do not exhibit the...

  Wounds can be broadly defined as a “disruption of the continuity of tissues produced by external mechanical force “.  Wounds which are present over the body to defend oneself from an assault are called defence wounds. In case of Death occurring from wounds the question is often raised as to whether they were the results of accident, suicide or homicide. In forensic science, distinguishing between suicidal, homicidal, and accidental wounds is crucial for homicide investigations, legal proceedings, and understanding the context of injuries. Each category has distinct characteristics, which forensic experts analyze to draw conclusions about the circumstances surrounding a death.  The opinion whether the death is caused by suicidal, homicidal or accidental wounds can be established by – 1. Circumstantial Evidence 2. Examination of crime scene 3. PM(post- mortem) Examination of Victim 4. Examination of Suspected person 5. Examination of Weapon The differences between Suicid...

A GLOBAL PERSPECTIVE Almost every country of the world has the provisions of scientific developments for the benefit and welfare of their citizens and nations. There are provisions contained in the constitutions across the world that talk about scientific research and developments.  The principle of criminal justice system is to protect the innocent from wrongly conviction and punishment of culprit. All this is possible only if the truth is searched by the investigating authorities. There is no doubt that constitutions of various countries speak about scientific advancements but when it come to applying scientific techniques in interrogation, across the globe, every nation hesitates. Worldwide, rights of accused persons are advocated. Doubts are raised regarding the capability and reliability of scientific techniques of investigation. The Universal Declaration of Human Rights, 1948 in Article 11.1 declares that accused is to be presumed innocent until proved guilty according to t...

WHAT IS BRAIN MAPPING? Brain Mapping is one more valuable scientific tool for investigation of crimes. Brain Mapping is also known as Late Positive Complex or P3 or P300.  It is a component of averaged brain potentials. In this test no questions are asked from the accused. He is made to sit in evoked potential recording machine and is shown objects relating to crime scene or is made to hear sounds pertaining to crime site. The sensors from his head pick the event related potentials in the form of Brain Mapping only if the person has been at the site of crime. Brain Mapping is a response of the brain to a stimulus which is shown to the subject.  HISTORICAL BACKGROUND In 1965, scientists were working on the research of Event Related Potentials and it was discovered by Sutton and his colleagues. It is very robust Event Related Potential.  As soon as it recognizes the stimuli it sends the reaction within 300 milliseconds of seeing the stimuli. If the person is attentive to th...

WHAT IS NARCO ANALYSIS Narcoanalysis has become an increasingly, perhaps most common term in India. It refers to the process of psychotherapy conducted on a subject by inducing a sleep like state with aid of drugs. A person is able to lie by using his imagination. In this test, the subject’s inhibitions are lowered down by interfering with his nervous system at the molecular level. In sleep-like state efforts are made to obtain “probative truth” about the crime as in sleep like state, it becomes difficult though not impossible for him to lie. It is believed that if a person is administered a drug which suppresses his reasoning power without affecting his memory and speech, he can be made to tell the truth.  Narcoanalysis is a form of psychotherapy and an effective aid to scientific interrogation. It is a process whereby a subject is put to sleep, or into a semi-somnolent state by means of chemical injections and then interrogated while in a dream like state. It is believed that if ...

  CONSTITUTIONAL VALIDITY OF POLYGRAPH TEST Constitutional Provisions In Indian Constitution there are various provisions which are related with the protection of the accused person.  In the Constitution of India, the provision of life, liberty and freedom has been given under Article 20 and 21 .  According to Article 20(3) “ no person accused of any offence shall be compelled to be a witness against himself” . ‘Involuntary’ is defined as an admission, especially by an individual who has been accused of a crime that is not freely offered but rather is precipitated by a threat, fear, torture, or a promise. Under this Article only an accused person can avail the protection if he is compelled to be a witness against himself. Every civilised society guarantees the right against self-incrimination as a fundamental of fair trial in a criminal offence. According to this principle, a person accused of a criminal offence cannot be forced to incriminate himself or yield ...