Legal Procedures,

Jurisprudence and UNIT 6 VETERINARY JURISPRUDENCE –

Enforcement
AN OVERVIEW
Structure
6.1 Learning Outcomes
6.2 Introduction
6.3 Judicial Procedures
6.3.1 Functions of the Court
6.3.2 Structure of Courts in India
6.3.3 Commonly Used Terms in Court
6.3.4 Process of Prosecution
6.4 Vetero-Legal Aspects of Wound
6.4.1 Types and Examination of Wounds
6.4.2 Wound Certificate
6.4.3 Vetero-Legal Aspects of Animal Death
6.5 Post-Mortem Examination of Vetero-Legal Case
6.5.1 Rules for PM Examination
6.5.2 PM Artefacts
6.5.3 Collection of Specimens for Suspected Poisonings
6.6 Indian Penal Code
6.7 Let Us Sum Up
6.8 Keywords
6.9 Bibliography and Further Reading
6.10 Self Assessment Exercises
6.11 Answers/ Hints to Check Your Progress

6.1 LEARNING OUTCOMES

a) Knowledge and Understanding: After studying this Unit, you will be
able to:
Explain the concept of veterinary jurisprudence.
Understand the functions and structure of courts in India.
Know important sections of Indian Penal Code.
b) Practical and Professional Skills: After studying this Unit, you will be
able to:
Describe the Vetero-legal aspects of a wound.
Summarize the post-mortem examination of Vetero-legal case.

6.2 INTRODUCTION
Dear Learner,
Veterinary jurisprudence, veterinary forensic medicine and veterinary legal
medicine are the terms used synonymously for that branch of veterinary medicine
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which covers the application of the principles and knowledge of veterinary Veterinary Jurisprudence –
An Overview
medicine for the purpose of law - both civil and criminal.

Veterinary jurisprudence is necessary for a veterinarian to be familiar with

common laws like a member of any other profession. To perform her/his duties
effectively and efficiently he/she must be well acquainted with the rules affecting
privileges and obligations in veterinary practice. It is very essential that a
veterinarian working in government or private practice has a fair knowledge of
all subjects of veterinary science and a thorough knowledge of legal procedure
in the criminal court to deal with various vetero-legal problems.

In MAW-001 (Unit 22) we discussed the general roles of veterinarians in animal

welfare. In this unit, you will be introduced to the specific role of veterinarians
in the vetero-legal cases i.e. legal aspects of the animal welfare.

6.3 JUDICIAL PROCEDURES

The Indian Judicial System has three basic tiers (Fig.6.1).

Fig. 6.1: Three basic tiers of Indian judicial system

6.3.1 Functions of the Court

Various functions of the court are depicted in Fig. 6.2.

Fig. 6.2: Functions of the court

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Legal Procedures,
Jurisprudence and
6.3.2 Structure of Courts in India
Enforcement
The classification of courts in India is presented in Fig. 6.3.

Fig.6.3: Classification of courts in India (Source: Singh, 2019)

6.3.3 Commonly Used Terms in Court

a) Subpoena (Summons): A document compelling the attendance of a witness
in a court of law under a penalty.

b) Warrant: An order issued by a competent magistrate authorizing an officer

to make arrest, a seizure or a search or do any other act incidental to the
administration of justice.

c) Cognizable Offence: An offense for which a police officer may arrest

without warrant.

d) Arrest: Ordinarily means the apprehension or restrain to the deprivation

of one’s personal liberty.
e) Inquest: An inquiry in respect of anybody lying dead.
f) Oath: Solemn affirmation substituted by law for an oath and any declaration
required or authorized by law to be made before a public servant or to be
used for the purpose of proof, whether in a Court of Justice or not.

g) Evidence: All statements which court permits or require to be made before

it by a witness in relation to matters under investigation. It includes:
Oral evidence
Documentary evidence (e.g. Vetero-legal report)

90 Examination of exhibits, electronic records

6.3.4 Process of Prosecution Veterinary Jurisprudence –
An Overview

The complainant has to lodge a report at the nearest police station mentioning
the names of culprits and witnesses. The veterinarian on the request from police,
examine the inferred/dead animal and give his/her report to the police after
entering in the vetero-legal register.
i) Procedure for recording the evidence
a) Examination inchief
b) Cross examination
c) Re-examination
d) Questions by the judge
ii) Hints for giving evidence
1) Verify the facts of the case
2) Speak slowly and clearly
3) Use simple language and avoid technical terms.
4) Be brief – Yes or No answer
5) If unable to answer any question – say “I cannot answer”
6) Do not lose your temper
7) Express your opinion and avoid quotation from books.
8) Study available literature before giving evidence in the Court
Before we proceed, please complete activity 1.
Activity 1 (Visit & Discussion): Visit a nearby veterinarian and discuss about
a recent vetero-legal case related to animal welfare handled. Write the outcome
of the discussion.
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Legal Procedures, Check Your Progress 1
Jurisprudence and
Enforcement Note: a) Use the spaces given below for your answers.
b) Check your answer with those given at the end of the unit.
1) Write the functions of a court.
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2) Name different types of courts in India.

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6.4 VETERO-LEGAL ASPECTS OF WOUND

6.4.1 Types and Examination of Wounds
Wound is a break in any tissues of the body. It can be a simple wound or dangerous
wound or a fatal wound. Wounds are of two types in general:

a) Closed wounds - No break in the continuity of skin, but underlying soft

tissues are damaged (Example: Contusion, bruise, haematoma).

b) Open wounds - Break in the skin and or tissue of the body (Example: Incised,
lacerated, stab and gunshot wounds).
Examination of wounded animal and its recording is summarised in Table 6.1.
Table 6.1: Examination of wounded animal
Examination Recording
a) Nature of injury Wound, bruise, burn, etc.
b) Description of wound
i) Type Incised, lacerated, stab, etc.
ii) Number One, two or many
iii) Size Size of each injury in inches
iv) Direction Explain the direction of the wound
v) Blood clots Present or absent

92 vi) Condition of edges Presence of gaping or not

 Veterinary Jurisprudence –
vii) Inflammatory reaction Present (swelling, pus, etc.) or absent An Overview
c) Fracture Present or not
Type of fracture If there is fracture, then explain the type
of fracture
d) Foreign bodies Present or absent
e) Nature of the weapon used Kind of weapon used
Nature and velocity of the projectile
Direction and the range at which the
weapon was fired.
Part of the body struck.
Remarks

Age of injuries can be decided on the basis of nature of haemorrhage, inflammation

and wound healing nature.

The difference between ante-mortem and post-mortem wounds, causes of death

due to wounds, examination and procedure for collection of blood stains are
presented in Tables 6.2 to 6.5.

Table 6.2: Difference between ante-mortem and post-mortem wounds

Signs Ante-mortem Post-mortem
Haemorrhage
Arterial haemorrhage in Copious No haemorrhage,
wounds sometimes light venous
bleeding
Clotting of blood Clotted Not clotted
Spouting of blood from Yes No
arteries
Inflammation
Signs of inflammation Present Absent
and reparative processes
Wound healing
Retraction of edges of Gaping of the No gaping of the edges
wound edges
Table 6.3: Causes of death due to wounds
Type Etiology Example
Direct Haemorrhage Internal or external
Injury to vital organ Injury to lung or heart
Shock Severe blow on head or heart
Indirect Inflammation, septicemia, Tetanus infection gaining entry
necrosis through wound

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Legal Procedures, Table 6.4: Examination of blood stains
Jurisprudence and
Enforcement Examination of blood stain Possible cause
Blood streaks Venous blood
Splashes Projection of arterial blood
Pools of blood Abundant haemorrhage
Circular stains Drops of blood fall from a height
Smears Blood is wiped off
Table 6.5: Procedure for collection of blood stains

Stains Collection procedure

Stains from persons and animals Take a piece of filter paper soaked in
normal saline solution. The paper is left
in contact until it is coloured, then
removed and dried.

In case of garments and weapons The articles should be allowed to dry,

then carefully pack them.

Liquid stains Collect the blood in dry test tubes with

the help of a dropper. The test tubes are
sealed and kept in ice container.

Blood-soaked soil Take it up completely, send it in a

glass container.

If the stains lie on non-removable A representative section that contains the

objects such as walls and floors stain is removed by digging out and sent
in a container. In exceptional cases, a
knife can scrap stains up.

6.4.2 Wound Certificate

The format for wound certificate is given in Box 6.1.
Box.6.1: Format of Wound Certificate
No................... Date: ...........................
This is to certify that at the request of ...............................................I have
this day ................ examined..................................................................... having
the following identification marks ...................................................................
belonging to ................................................................................
The animal has got the following injuries on its body: .................................
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I am of the opinion that ................................................................................
Place: Signature and Designation

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6.4.3 Vetero-Legal Aspects of Animal Death Veterinary Jurisprudence –
An Overview

The general causes of sudden death in animals (single and group) are presented
in Table 6.6.

Table 6.6: Causes of death in animals

Causes of sudden death in single animal

Etiology Condition Species

Spontaneous internal - Cardiac tamponade - Cattle

haemorrhage - Ruptured aorta or atrium - Horse
- Intestinal hemorrhagic - Pig
syndrome
- Guttural pouch mycosis - Horse
leading to rupture of blood
vessels

Per-acute toxaemia
i) Endogenous - Rupture of stomach - Horse
ii) Exogenous - Rupture of colon - Mare
- Rupture of (at foaling) - Cow
abomasum
- Snake bite (poisonous) - All species

Trauma - Fighting, fall from height, - All species

collision

Gastro intestinal - Gastric rupture - Horse

conditions - Bloat - Cattle

Iatrogenic deaths - Rapid intravenous - Cattle

infusion of calcium, - Horse
infusion of procaine
penicillin and ivermectin,
etc.

Causes of sudden death in group of animals

Lightning strike or - Thunder storm or - All species

electrocution - Short circuiting of electric
current

Deficiency disorders - Hypomagnesaemia - Cattle

Poisoning - Cyanide or nitrate poisoning - All species

Diseases caused by - HS - Buffalo

infectious agents - HS, BQ, enterotoxaemia - Sheep
- Colitis - Horse
- Mulberry heart disease - Pig
- Colibacillosis - Calves

Anaphylaxis Vaccination is done in a herd - Herd

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Legal Procedures, Signs of Death
Jurisprudence and
Enforcement a) Cessation of circulation and respiration
b) Cooling of the body
c) Primary flaccidity
d) Changes in eye
e) Rigor mortis
f) Secondary flaccidity
g) Putrefaction
h) Adipocere
i) Mummification
j) Consumption by insects and other animals

6.5 POST-MORTEM EXAMINATION OF

VETERO-LEGAL CASE
The post-mortem (PM) examination is done to ascertain the cause of death.

6.5.1 Rules for PM Examination

a) Vetero-legal PM examination should be only undertaken after receiving
inquest report from police or District Magistrate.
b) Read the inquest report carefully.
c) Inquest report should mention the place where the body was found and its
surroundings.
d) Record the time and date of arrival of carcass.
e) PM examination should be complete and done in day light.
f) All the details of PM examination observed by the veterinary officer should
carefully noted in the PM report on the spot.
g) All the relevant papers along with the inquest form should be sent back to
the police along with the PM report.

6.5.2 PM Artefacts
Due to these artefacts, there can be an error in concluding the cause of death
which may result in injustice. Artefacts include:
a) Putrefaction
b) Environmental artefacts – e.g. burning, corrosions and macerations
c) Third party artefacts
d) Miscellaneous artefacts

6.5.3 Collection of Specimens for Suspected Poisonings

In suspected cases of poisoning, the stomach and upper part of the intestine with
its contents, a portion of liver, kidney and spleen should be collected in a wide
96 mouthed bottle and sent to the forensic laboratory.
The details to be given in PM report is summarised in Box 6.2. Veterinary Jurisprudence –
An Overview
Box 6.2: Post Mortem Report
Contributor
Date & Time
Address
Approximate time since death
Owner’s name & Address
Species / Breed
Sex / Age
Identification marks:
External Examination
• General condition of carcass
• Nature and position of injuries
• State of natural orifices
Internal Examination
• Head and Neck
• Cardiovascular system
• Respiratory system
• Gastrointestinal tract
• Urinary system
• Genital system (Male/Female)
• Udder and teats
• Skin and Musculature
• Bones and joints
• Any other
Opinion (cause of death):
Place : Signature
Date : Qualification & Designation

6.6 INDIAN PENAL CODE

In Unit 1, we discussed few Indian Penal Code (IPC) sections related to animal
welfare. In this section, more IPC sections applicable to the veterinary
jurisprudence are summarised in Table 6.7.

Table 6.7: IPC sections applicable to the veterinary jurisprudence

IPC Section Details

Section 44 The word “injury” denotes any harm whatsoever illegally

caused in body, mind, reputation or property.
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Legal Procedures,
Jurisprudence and Section 47 The word “animal” denotes any living creature, other than a
Enforcement human being.

Section 51 The word “oath” includes a solemn affirmation substituted

by law for an oath, and any declaration required or authorized
by law to be made before a public servant or to be used for
the purpose of proof, whether in a Court of Justice or not.

Section 53 The punishments to which offenders are liable under the

provisions of this Code are:
First – Death
Second – Transportation
Third – The words “penal servitude” were omitted
Fourth – Imprisonment, which is of two descriptions,
namely:
– Rigorous, that is, with hard labour
– Simple
Fifth – Forfeiture of property;
Sixth – Fine
Section 192 Whoever causes any circumstances to exist or make any false
entry in any book or record, or makes any document
containing a false statement, intending “to fabricate false
evidence”.

Section 193 Whoever intentionally gives false evidence in any stage

of a judicial proceeding, or fabricates false evidence for the
purpose of being used in any stage of a judicial proceeding,
shall be punished with imprisonment and shall also be liable
to fine.

Section 197 Whoever issues or signs any certificate required by law to be

given or signed, or relating to any fact of which such
certificate is by law admissible in evidence, knowing or
believing that such certificate is false in any material point,
shall be punished in the same manner as if he gave false
evidence.

Section 271 Whoever knowingly disobeys any rule made and

promulgated by the Government for putting any vessel
into a state of quarantine or for regulating the intercourse
of vessels in a state of quarantine with the shore or with
other vessels, or for regulating the intercourse between
places where an infectious disease prevails and other
places, shall be punished with imprisonment of either
description for a term which may extend to six months, or
with fine, or with both.

Section 272 Whoever adulterates any articles of food or drink, so as to

make such article noxious as food or drink intending to sell
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 Veterinary Jurisprudence –
such articles as food or drink or knowing it to be likely An Overview
that the same will be sold as food or drink, shall be
punished with imprisonment or with fine or with both.

Section 274 Whoever adulterates any drug or medical preparation in such

a manner as to lessen the efficacy or change the operation of
such drug or medical preparation, or to make it noxious,
intending that it shall be sold or used for, or knowing it to
be likely that it will be sold or used for, any medicinal
purpose, shall be punished with imprisonment or with fine
or with both.

Section 276 Whoever knowingly sells, or offers or exposes for sale, or

issues from a dispensary for medicinal purposes, any drug or
medical preparations, as a different drug or medical
preparation, shall be punished with imprisonment of
either description for a term which may extend to six months,
or with fine which may extend tone thousand rupees, or
with both.

Section 284 Whoever does, with any poisonous substance, any act in
a manner so rash or negligent as to endanger human life, or
to be likely to cause hurt or injury to any person, or knowingly
or negligently omits to take such order with any poisonous
substance in his possession as is sufficient to guard against
probable danger to human life from such poisonous
substances, shall be punished with imprisonment or with
fine or with both.

Section 289 Whoever knowingly or negligently omits to take such order

with any animal in his/her possession as is sufficient to guard
against any probable danger to human life, or any probable
danger of grievous hurt from such animal, shall be punished
with imprisonment or with fine or with both.

Section 304A Whoever causes the death of any person by doing any rash or
negligent act not amounting to culpable homicide shall
be punished with imprisonment or with fine or with both.

Section 326 Whoever, except in the case provided for by Section

335, voluntarily causes grievous hurt by means of any
instruments for shooting, stabbing, or cutting, or any
instrument which, used as a weapon of offence, is likely
to cause death, or by means of fire or any heated substance,
or by means of any poison or any corrosive substance, or
by means of any explosive substance, or by means of any
substance which is deleterious to the human body to inhale,
to swallow, or to receive into the blood, or by means of any
animal, shall be punished with imprisonment or with fine or
with both.

Section 377 Whoever voluntarily has carnal intercourse against the

order of nature with any man, woman or animal, shall be
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Legal Procedures,
Jurisprudence and punished with imprisonment or with fine or with
Enforcement both.Penetration is sufficient to constitute the carnal
intercourse necessary to the offence described in this section.

Section 420 Whoever cheats and thereby dishonestly induces the person
deceived to deliver any property to any person, or to make,
alter or destroy the whole or any part of a valuable security,
or anything which is signed or sealed, and which is capable
of being converted into a valuable security, shall be pun ished
with imprisonment or with fine or with both.Simple cheating
is punishable under Section 417. But where there is delivery
or destruction of any property or alteration or
destruction of any valuable security resulting from the act of
the person deceiving, this section comes into operation.

Section 427 Whoever commits mischief and thereby causes loss or damage
to the amount of fifty rupees or upwards, shall be punished
with imprisonment or with fine or with both.

Section 428 Whoever commits mischief by killing, poisoning, maiming

or rendering useless, any animal or animals of the value of
ten rupees or upwards, shall be punished with imprisonment
or with fine or with both.

Section 429 Whoever commits mischief by killing, poisoning maiming

or rendering useless, any elephant, camel, horse, mule, buffalo,
bull, cow or ox, whatever may be the value thereof, or any
other animal of the value of fifty rupees or upwards, shall be
punished with imprisonment or with fine or with both.

Section 430 Whoever commits mischief by doing any act which causes,
or which he knows to be likely to cause, a diminution of the
supply of water for agricultural purposes, or for flood or drink
for human beings or for animals which are property, or for
cleanliness or for carrying on any manufacture, shall be
punished with imprisonment or with fine or with both.

Before we proceed, please complete activity 2.

Activity 2 (Interaction): In continuation of Activity 1 given in the previous

section, discuss with the veterinarian about post-mortem report details in a
vetero-legal case. Write your observations.
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100 .......................................................................................................................
Check Your Progress 2 Veterinary Jurisprudence –
An Overview
Note: a) Use the spaces given below for your answers.
b) Check your answer with those given at the end of the unit.
1) What are the types of wounds in case of animals?
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2) How to proceed with the examination of a wounded animal?

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3) Difference between ante-mortem and post mortem wounds

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6.7 LET US SUM UP

In this unit, you were introduced to the judicial procedure with special
emphasis on the structure and functions of courts in India as well as the
process of prosecution.

The vetero-legal aspects of wound were discussed in detail covering aspects

like the examination of the wound, difference in the ante-mortem and post-
mortem wounds, causes of death due to wound and blood stains – its collection
and testing, signs of death and wound certificate.

This unit also helped you to understand the various aspects of post-mortem
examination of vetero-legal case.

Some of the important penal codes applicable to the veterinary jurisprudence

were also dealt in brief.

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Legal Procedures,
Jurisprudence and 6.8 KEYWORDS
Enforcement
Adipocere: Also known as corpse wax, grave wax or mortuary wax, is a greyish
waxy substance formed by the decomposition of soft tissue in dead bodies
subjected to moisture.
Ante-mortem: Before death.
Cadaver: A dead body used for medical or scientific purposes.
Flaccidity: Lacking firmness.
Haemorrhage: Release of blood from broken blood vessel either inside or outside
the body.
Iatrogenic: Relating to illness caused by medical examination or treatment.
Inquest Report: A report made primarily to look into the causes of unnatural
death.
Mummification: The process of preserving the body after death by deliberately
drying or embalming flesh.
Necrosis: Death of body tissue; Death of cells or tissue through disease or injury.
Post-mortem: After death.
Putrefaction: Process of decay or rotting in a body or other organic matter.
Septicemia: A serious bloodstream infection; bacterial infection in the blood.

6.9 BIBLIOGRAPHY AND FURTHER READING

Franklin, C.A. (1988). Modi’s Textbook of Medical Jurisprudence and Toxicology.
N.M. Tripathi Pvt.Ltd., Bombay.
Mitra, P.P. (2016). Wild Animal Protection Laws in India, Lexis Nexis, Gurgaon.
Mitra, P.P. (2019). An Introduction to Animal Laws in India, Thomson Reuters,
Gurgaon

Sharma, S.N., Gahlot, A.K. and Thanvar, R.K. (2003). Veterinary Jurisprudence
(5thEdn). NBS Publishers and Distributors, Bikaner, 655p.

Singh, H. (2019). Subordinate Courts in India. Jagran Josh, 30th March 2019.

6.10 SELF ASSESSMENT EXERCISES

1) Discuss the importance of veterinary jurisprudence.
2) Diagrammatically depict the structure of courts in India.
3) Differentiate between ante-mortem and post-mortem wounds.
4) List the signs of death.
5) What are the components of a post mortem report?

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 Veterinary Jurisprudence –
6.11 ANSWERS / HINTS TO CHECK YOUR An Overview

PROGRESS
Check Your Progress 1

1) Functions of a court include ascertaining the meaning of law, declaration of

a law as invalid, enforcement of the laws in real life situations and making
laws on issues which are not covered by any written laws.

2) India follows a three-tier system of courts viz., District Court, High Court
and Supreme Court.

Check Your Progress 2

1) Wounds may be simple that are non-life threatening, dangerous or fatal.

Open wounds include incision, lacerated, stab and gunshot wounds while
closed wounds show no break in the continuity of skin but underlying soft
tissues are damaged.

2) A wounded animal examination starts by determining the nature of injury,

whether it is a wound or a fracture or some infection. Detailed study on the
type, number, size, direction of the wound and inflammatory reaction has to
be noted down. If a weapon has been used, the kind of weapon used and its
characteristics need to be ascertained.

3) Ante-mortem and post mortem wounds vary with respect to manifestations

of haemorrhage, inflammation and wound healing. Ante-mortem wounds
show blood clotting with signs of inflammation in contrast to post-mortem
wounds that do not clot and show no inflammation. Gaping of the edges is
visible in ante-mortem wound healing while no gaping of edges is seen in
post-mortem wounding.

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