1. law & crime( Legal procedures)

2. inquest
 Inquest;
 legal or judicial inquiry to ascertain(to learn e
certainty&assurance, to determine,find out) a matter
of fact,
 In fm an inquest means an inquiry into the cause of
an un-natural death.
 3 types of inq;
 1-police inquest
 2-magistrate inquest
 3-coroner’s inquest

3. POLICE INQUEST
 Police inquest
 ;an inquiry by an police officer
 ,incharge of a police station into the cause of any un natural
death.
 Investigating officer; making the preliminary inquiry,
 1-Police inquest report;
 investigating officer prepares a report
 about probable cause of death
 ,from the appearance of the body including injuries , in the
presence of two witnesses signed by him& witnesses.

4.  In case of cognisable offence,such as grievous hurt&rape
 individual is sent by the police direct for med exam
along e his statement &requisition ,
 accompanied by a police constable who identifies the
person to the doctor.
 In case of non cogn ;such as simple hurt ,injured
person may go direct
 ,or through police
 ,or through magistrate court after filling an affidavit(a
written declaration under oath.) for med exam. &report.

5. Cognizable offence
 In which the police may arrest a person w/d out warrant. Police
is authorized to start investigation on their own , do not require
orders from the court to do so , e.g. ; murder ,Rape &kidnapping
 FIR ; it is generally a complaint lodged w/d the police by the
victim of a cognizable offence ,or by some one on his /her behalf
 Any one can report the commission of a cognizable offence either orally, or
in writing to the police , even a telephonic message can be treated as an fir
 Fir sets the process of criminal justice in motion & starts
investigation ;any one who knows about the commission of C.O CAN file
an fir
 The police may not investigate a complaint even If you file an FIR ;WHEN –
THE CASE is not serious in nature----the police feel that there is not
enough ground to investigate --reason for not recording must be
explained by police

6.  2-Magistrate inquest;
 an inquiry conducted by a mag, to ascertain(to learn e
certainty or assurance) a matter of fact:
 Held in Cases of
 Insanity (madness , mental illness) ,before the person is admitted
to an asylum (shelter)(pagalkhana)
 Death of a victim in jail
 ,police custody
 ,or during police interrogation
 ,death by plc.
 Exhumation cases.

7.  3-coroner’s inquest ;
 coroner is appointed by govt,
 to inquire into the causes of all un natural deaths.
 Coroner ;
 is an experienced advocate or
 ,attorney ; a person authorized to act on someone else's
behalf in a legal or business matter by a power of
attorney
 1st class magistrate ,in a rank of 1st class judicial
magistrate , having a court .
 he is authorized to use all powers of a magistrate.
 Coroner inquest report is more technical than police
inquest report for a medical man

8. Courts
 1-supreme court
 ;highest in the country,
 its function is supervisory
 ,law declared by it is binding on all courts
 ,it can pass any sentence like;
 death ,
 transportation(mulk badry) for life,
 imprisonment(-vig-simple)
 forfeitures of property Lost or surrendered as a penalty for
wrongdoing
 fine
 treatment ,training ,rehabilitation of youthful offenders.
Whipping(thrashing.beating)
 Solitary confinement
 Detention of a person in court till judge leaves the
court.

9. Sentences authorized by the law:
Death
Imprisonment for life
Transportation for life
Imprisonment( simple & rigorous)
Forfeiture of property
Fine
Treatment, training & rehabilitation of youthful
offenders
Whipping(thrashing.beating)
Solitary confinement
Detention of a person in court till judge leaves the
court.

10.  2-High court;
 located in the capital of a state,or province
 empowered to trail any offence, pass any sentence by
law.
 Session court;
 located at district level ,
 can trail all kinds of criminal offences,
 it may pass any sentence , including a sentence of
death ,
 which is subjected to confirmation by high
court.

11. Court procedure(summon)
 The med man when required to give evidence is
summoned to court by a sum
 Subpoena (under-penalty)/summons: it is a document
compelling the attendance of a witness, in a court of
law, under a penalty .
 issued by the court,in duplicate ,signed by
presiding.officer.
 served by police to witness,witness return other
copy,dully signed by him
 ,he must attend the court for evidence ,otherwise he
will be charged for contempt of court.
 In civil cases a reasonable sum(conduct money) is paid
by calling party.
 In criminal cases no such tender is made,
 he can claim from health depot ,by providing
court.evidence .certificate from concerned court.

12. Oath ;A solemn affirmation substituted or
specified by law,to be made before a public
servant as a proof .
a witness is required to swear that he will
tell the truth , the whole truth , nothing
but the truth .
oath is administered by the court.

13.  Perjury :
 willful utterance(speaking) of falsehood under oath
 a witness after taking oath ,
 willfully makes a statement contrary to the fact
 ,or conceal the truth intentionally ,
 is guilty of crime of perjury.
 The witness is whether influenced ,bribed, or
intimated (making known ,ip relationship) ,called
hostile witness.

14. Oath,perjury,hostile witness
 Attend the criminal c 1st ,inform the civil c .higher c get
preference over the lower c.
 Oathsolemn affirmation)(bazabta toseeqi bayan):a
witness is required to swear ,that he will tell the truth,the
whole truth,nothing but the truth.oath is administered by
the court.
 Perjury : a witness after taking oath ,willfully makes a
statement contrary to the fact ,
 or conceal the truth intentionally ,is guilty of crime of
perjury.
 The witness is whether influenced ,bribed, or intimated
,called hostile witness.

15. Recording of the evidence
 1-exame in chief:
 in which witness is examined by the side,called
him,
 no leading question is allowed.
 a leading Q is one that suggest its own answer.
 2-CROSS EXAME:
 opposing council for the accused seeks to extract
from the witness favorable points
 .leading Q is allowed.
 3-re exam by own council
 4-Court Q:
 Example;a case of death from penicillin inj.dr as a
witness
Evidence:all legal means which help to
prove or disprove a matter of fact,the truth
of which is subjected to judicial
proceeding.
it can be documentary or oral or
circumstantial.

16.  1-what precautions are necessary before inj penicillin?
 ans-a sensetivity test should be done.(exame n chief, plaintiff)
 2-dr,is it possible that an anaphylactic reaction may still occur
,even though sens test is -tive.( Cross exam by defense, accused)
 Ans yes
 3-what would be the difference in the Anap R in a case where test
was +tive .& in a –tive case.(rexam by own council)
 Ans it will be more sever in + cases than - .
 4-is there no way by which one can be absolutely certain if the
patient is sensitive to pencil line?(court question)
 Ans no .

17. Medical evidence
 Medical evidence;
 given in the court of law is written (documentary)or oral
 Documentary evid;
 1-med certificate: sickness or death cert.
 2-medicolegal report; injury R, PM R.
 3-dying declaration.
 Medical certificate:
 this is simple form of documentary evidence pertaining to
 sickness ,
 compensation ,
 vaccination &
 death.
 These are accepted only, issued by RMP.
 may require appearance in court to testify .
 be careful in issuing cert.
 Issuing of false cert. constitutes professional misconduct.
 The cert must contain all relevant true inform .
 it should contain two identification marks , signature , or left
thumb impression of the holder of certif.

18.  Sickness cert should contain exact nature of illness.
 Compensation cert must state extent of disability
,arising from accident or industrial disease
 ,temporary or permanant.
 Vaccination cet must contain exact date of vacc.
 Death cert can be issued in natural deaths.
 dr can’t charge fee for it. Can’t delay.
 Dr must state exact cause of death .
 Dr must inspect the body to make sure that the person is
actually dead ,
 excluding a state of susp animation.
 In un natural cases,or any suspicion of foul play such as
violence or suspected poisoning should report to police.

19. Medicolegal report
 This is a document prepared by a med man in response to a
requisition from a police officer or magistrate.
 Examples:
 1 injury report
 2 postmortem report
 3 age certificate
 4 lunacy(deewana) certificate
 5 certificate in sexual offences

20. 9. MEDICO-LEGAL CASE
 It can be defined as a case of injury or ailment, etc., in
which investigations by the law-enforcing agencies are
essential to fix the responsibility regarding the causation
of the said injury or ailment.
 In simple language it is a medical case with legal
implications for the attending doctor where the attending
doctor, after eliciting history and examining the patient,
thinks that some investigation by law enforcement
agencies is essential .
 Or a legal case requiring medical expertise when brought
by the police for examination.

21.  Preparing the report dr should give;
 1 date ,time, place of exame.
 2 names of individuals who identified the person or
body
 . 3 two identification marks must be noted.
 4 in injury case injuries must be accurately
described.
 5 an opinion on their nature (simple or grievous)
 6 class of weapon used.
 7 in pm rep cause of death ,time since death should
be mentioned.
 8 articles such as weapons,clothings should be
described. After labelling return to police.

22. Dying declaration
 This is a statement verbal or written, made by a dying person
narrating the cause of his condition or the circumstance
leading to his death.
 It is admissible in all criminal &civil cases.
 Dying decl may be made orally, but the receiving person
should commit it to writing.
 Ensure that the patient is in a sound mental
condition(compos mentis)
 It should be recorded in the vernacular(local dilact or
language) of the declarant in the presence of two persons.
 The declaration should be forwarded in a seal cover to
concerned mag.
 Investigating police officer should not be allowed during
recording.
 Dying dec forms an imp evid in criminal trail when the victim
is dead, if he survives it ceases its legal value.

23. Dying deposition
 It is a statement on oath made by a dying
person to a magistrate in the presence of the
accused &his lawyer, who has right to cross
exam.
 before the statement is made dr must certify that the
victim is compos mentis.
 A d.dep carries more wt than a dying declaration
 Bcz it is recorded by magistrate ,in the presence of
accuse &his lawyer.
 It retains its value ,even if the victim survives.

24.  Executive magistrate
 :are appointed by state govt. they may be placed
incharge of a distt or subdivision.
 Sentence powers of magistrate;
 1-chief judicial magistrate-imprisonment
upto 7 years, un limitted fine.
 2-jud mag 1st class; imprison upto 3 years, fine
upto 5000
 Judicial magistrate 2nd class ;imprison upto 1
year ,fine upto 1000.

25. crime.
 Crime is the breaking of rules or laws for which some governing
authority (via legal systems) can ultimately prescribe a conviction.
 In common law usage, 'offence' differs from 'crime' in that there is typically no
victim, but the action remains prohibited by statute.
 While every crime violates the law, not every violation of the law counts
as a crime;
 for example: breaches of contract ; is a legal cause of action in which a binding
agreement or bargained-for exchange is not honored by one or more of the parties
to the contract ...
Minor breaches - Material breach - Fundamental breach - Anticipatory breach,
 and of other civil law may rank as "offences" or as "infractions".
 generally regard
 crimes as offences against the public or the state, as distinguished from
 torts (wrongs against private parties that can give rise to a civil cause of
action).

26. Offence?
 • Law makes no difference in the words crime
and offence and, in fact, terms violation of penal laws
as the definition of offence
 • An act or behavior that does not break a law is
not an offence
 • The word offense comes from offender who is a person
violating a law
 • There are some offences that are not cognizable or
punishable by law
 • However, a crime is always a violation of law
 The thing to remember is that an offence is
punishable by law only if is cognizable.

27. Definition of the crime always contains some mental
element, which manifest intent, purpose or design of
the crime.
ANALYSIS OF CRIME (THE COMPONENTS OF CRIME)
A) Mens Rea
B) Actus Reus.
Mens Rea: Latin phrase mens-rea the act does not make a
person guilty unless the mind is also guilty". notes
the evil or criminal intent, which is a pre-requisite to
guilt and thus a condition precedent to liability of the
crime. The law does not punish criminal or evil thought.
The punishment is awarded for the harmful result.
Accused must have acted voluntarily without the effect of drug
illness or influence.
Accused must have thought about the consequence of
act, made some necessary preparation before
committing a crime. Without these it will be an involuntary
act.

28. B) ACTUS-REUS (MEANS AN ACTION):
In addition to evil intention there must be an evil ACTION.
So for crime both elements must be present.
Actus reus + Mens-rea= crime
CRIMINAL PROCEDURE: Is conducted in criminal courts
or law keeping in mind three essential components:
 GENERAL PRESUMPTION IN LAW
 GENERAL EXCEPTIONS IN LAW
 GENERAL LEGAL DEFINITIONS
GENERAL PRESUMPTIONS IN LAW ARE THAT:
 Every one is sane(sensible) and responsible for his
action.
 Every one is innocent until proved guilty.
 If, at the conclusion of the proceedings, court of criminal law
is in any reasonable doubt about the allegation, the
case shall be resolved in favor of the accused.(benefit of
doubt is given to the accused)

29.  GENERAL EXECEPTIONS IN LAW:
ARE THREE, which negate(counteract or reverse) criminal
responsibility.
These are :
 Immaturity
 Insanity
 Intoxication
This means that the accused must have acted voluntarily without
any external influence ( force, drug or disease).
A child who is not sufficiently mature to understand the
nature and consequences of an action cannot be
considered guilty.
Similarly , an adult who is incapable of knowing the nature
and consequences of an action due to unsoundness of
mind cannot be considered guilty.
An intoxicated individual shall also not be guilty provided
the administration of intoxicant is without his
knowledge or against his will.

30. LAW: It is rule of conduct( how to behave in society)
enforced by the court.
Or personal conduct of an individual enforced by court.
ENFORCED: Means that we are compelled to conform(
avoided by) certain conduct.
OR LAW: A code of conduct established by the
authority, society or custom.
TYPES OF LAW:
1. Common law
2. Statute law a) civil law b)criminal law
3. Islamic law or Shariat law
COMMON LAW: It is conduct of individuals enforced
by the community in which we live. It is unwritten
and is based on immemorial usage of convention or
customs of community. It is based on conduct &
norms , conventional decisions, and customs.
The community in which he lives controls the conduct of an
individual.
The usefulness of common law is its universal applicability.

31. LAW: It is rule of conduct( how to behave
in society) enforced by the court.
LAW: A code of conduct established by
the authority, society or custom.
 Law is reason& no reason no law.
 on the basis of its source it is divided in
 1-common law
 2-statute law
 Com law ; is applied system of law and in unwritten form,
It is based on conduct ,conventional decisions, customs
 the conduct (behavier,manner) of an individual is controlled by the
community in which he lives
 it is still praised by judges in courts.
 Statute law;
 is the body of the law, which is enacted(Enact; to make a bill ,to make
into law) by legislative body of represetative govt as act,
 or decreed( Decree ; an order having the force of law}by a ruler as an
ordinance.
 it is codified law , in written form of country. this is ot two
types:
 civil &criminal

32. 2. STATUTE LAW: It is written law in which rule of
conduct is defined , codified, and made law by
parliament in relation to changes in the circumstances of
that community I.e. Englishman invaded India and brought
their law.
Statute law is the body of law whether criminal or civil. It is
enacted by the legislative body of a representative
government or decreed by a ruler.
Rule made by representative government known as an ACT.
Rule made by a ruler is known as an ORDINENCE.
In Pakistan, after enactment of the statute law, it is notified in
Extra-ordinary Gazette of the Government and later
published in a book or booklet form. In its printed form it
consist of a title, a preamble, parts, chapters, sections and
schedule.
TYPEs OF STATUTE LAW:
a) Civil law
b) Criminal law

33. Civil law
 Civil law ;deals e rights of the citizen.
 it provides resolves personal conflicts of individual's.
 issues arising from industrial injury ,
 medical negligence ,
 matrimonial (marital),
 land lord-tenant disputes are dealt under civil law .
 the damage is compensated in terms of money. (
restitution)

34. civil law
A means of resolving conflicts between individuals.
It includes personal injury claims (torts),
the law of contracts and property,
and subjects such as administrative law and the regulation
of public utilities.

35. a) CIVIL LAW: It is the law, which deals with the rights of citizens
in a particular state or nation as distinguished from criminal law.
It provides remedies for personal grievances( suffering) of
individuals or groups of individuals or groups of individuals. It
does not concern with the community as a whole, but with
private laws of individuals.
Issues arising from industrial injury, poisoning, medical
negligence and matrimonial and landlord-tenant
disputes are dealt under civil law.
The damage is compensated in terms of money.
b) CRIMINAL LAW: It is rule of conduct observed by all.
It involves crime and its punishment. It may be defined as that
body of law, which exists for better government of persons within
the state. It includes all offences against the law.
Prohibition of certain acts or omission is total. It is to be
observed by all.
Its contravention is punished with fine, imprisonment or
death.
The purpose of criminal law is to safeguard the interests of the
community and maintain a proper order and peace in the society.

36. Criminal law
 Criminal law ; involves crime &its punishments.
 it includes all offences against law.
 Its (breaking)is punished e fine, imprisonment or
death
 its purpose is to safeguard the interests of
community &
 maintain a proper law& order and peace in society.
 It is also provided in the constitution of islamic
republic of pakistan that all existing laws shall be
brought in conformity(agreement,according) e the
Holy quran &Sunnah

37. A crime is a
violation of
the(criminal law)
penal code.
A tort is a violation
of the civil law.
Criminal Law and Civil Law

38. Sentences authorized by the law:
Death
Imprisonment for life
Transportation for life
Imprisonment( simple & rigorous)
Forfeiture of property
Fine
Treatment, training & rehabilitation of youthful
offenders
Whipping(thrashing.beating)
Solitary confinement
Detention of a person in court till judge leaves the
court.

39. 3. SHARIAT LAW: Based on injunctions of Islam and Sunnah.
It is based on teaching of Quran and Sunnah. It is both civil
and criminal.
SHARIAT ORDINANCE 1988 is an attempt to declare shariat as the
supreme source of law in the country.
COURTS OF LAW: Are places where people bring their grievances
against others to seek remedies. When an individual is accused of
a breech of criminal law or contract, the complaint is brought
before a court of law for trial and decision upon the issue.
A judge presides over the hearing and records all the evidence in
writing presented to him by both the parties. He finally
concludes the proceedings giving his decision in writing. His
conclusion is called the JUDGEMENT.
TYPES OF COURTS:
1. CIVIL COURTS .

40. 1. CIVIL COURTS: It deals with the civil cases and cases
of violence of non cognizable nature.
2. CRIMINAL COURTS: Work at two levels:
A) At national and provincial level:
a) SUPREME COURT: It is located in Islamabad in
Pakistan.
i) High court of appeal.
ii) Supervise all courts in Pakistan and deals with referred
cases or appeal against high-court when special and
exceptional circumstances.
iii) Laws declared by it are binding on all courts in
Pakistan.
iv) Can pass any sentence.
b) HIGH COURT: It is located in capital of every province.
High court of Sindh is in Karachi, of Punjab in Lahore,
of KPK in Peshawar, of Baluchistan in Quetta.

41. 3. MARTIAL LAW COURT: It is a court ( during martial
law), which can try all offences and can pass any
sentence.
4. FEDERAL SHARIAT COURT: Gives justice according
to Quran and Islamic laws it is located in Islamabad.
5. MILITARY COURTS: For army cases, it solves
problems.