LEGAL PROCEDURE OF COURT
Ashwin Rural Ayurved College Manchi Hill
Department
Agadtantra av Vyavahar Ayurved
Presented by
Dr Jayashree Kolhe
Assistant professor
1)Some fundamental Definition
2)Types of Courts
3)Punishments
4)Criminal Courts in India
5)Witness
6)Trial of a Criminal Case
7)Procedure of Courts
8)Summon
9)Oath
10)Recording of Evidence
11)Doctor in Witness Box
12)Guidelines for presenting Medical Evidence
1) Court - includes and Signifies the person, legally authorised.
to record evidence and passed judgement
2) Witness
A person who gives evidence on oath
or gives sworn testimony
in the court.
Common Witness Expert witness Hostile witness
1)He is a person who 1) He is one who 1)He is one who
gives evidence about qualified or conceals part of truth
tha facts obsereved by experienced in and fact, or for giving
himself. scientific or completely false
2) Doctor can be technical subject evidence.
ordinary and expert 2) E.g Doctor,
witness. fingerprint
3)The Doctor can be expert,
volunteer the hand writing ,
statement only if firearm
ordered to do so. expert etc.
3)Evidence- refers to written documents and oral
statements on oath.
Medical Evidence
Documentry Evidence Oral Evidence
1)Medical certificate
2)Medical reports
3)Dying Declaration
4) Dyning Deposition
Documentry Evidence’s
1) Medical certificate – It referes to desease, Death, Insanity
etc.
Only a registered medical practioner can give
a valid certificate.
2) Medicolegal reports – These are the reports prepared by the
Doctor, usually in criminal cases e.g
Murder, assault, rape, poisoning etc.
These are admitted as evidence in
court only when the doctor gives oral
evidence on oath.
Points Dying declaration Dying deposition
Recorded by Magistrate or a Doctor Alwayas by a Magistrate
Oath Is not necessary Is necessary
Pressence of Is not necessary Is necessary
accused or his
lawyer
Cross examination No opportunity of cross Has opportunity of cross
examination examination
Value Inferior to dying deposition Superior to dying
deposition
Value if patient No value Has value
survives
B. Oral evidence
It is evidence which is given orally by a witness under oath in a court of
law in connection with the case under enquiry.
- It is more important than documentary evidence because in this cross
examination can be done.
DOCUMENTARY evidence is accepted without oral evidence in the
following conditios.
1. Dying declaration
2. Expert opinion expressed in treatise.
3. Evidence of a doctor recorded in lower court.
4. Evidence given by a witness in a previous judicial proceeding.
5. Chemical examiner,s report – exempt to apear in court of law is
allowed to chemical examiner.
Offence – A crime , an illegal action
Grounds Cognizable Non Cognizable
Offence Offence
Arrest A police officer A police officer
may arrest without has no authority to
for such offence arrest without
warrant for such
offences
Nature of Crime Serious Not much serious
FIR registered FIR can be FIR can not be
registered without registered without
magistrate,s magistrate,s
permission permission
Example Murder, Assault
Rape, Cheating
Dowry Death Forgery
4)WARRANT
Is a document,
issued by the court,
based on which the police officer can arrest a person.
There can also be a warrant of search.
Warrant case - refers to offences, punishable with
imprisonment upto
2 years
I.P.C (Indian penal code), 1860 – It prescribe the punishment f
for different criminal offences.
Cr.P.C. (Criminal Procedure Code)- 1908
It prescribe the procedure of
investigation and trial of criminal
offences.
C.P.C(Civil Procedure Code),1908-
It prescribe the procedure to dispose off it civil disputes
between two individuals/ parties.
I.E.A (Indian Evidence Act),1872 -It prescribes the procedure for
collection preservation and use of
different evidences in court of law.
COURTS & THEIR TYPES
Court
Court includes and Signifies the person, legally authorised to
record evidence and pass judgement
TYPES OF COURT- primarily
A)Civil Court B) Criminal Court
The Criminal Courts in India in order of their power are as follow–
4 types
1.Supereme court
2.High Court
3.The session Court
4. Magistrates Court
- Juvenile Court
1. Civil Court-
These courts deal with Civil Matters e.g
Inheritance disputes,
Compensation,
Land disputes,
Family Dispute,
Disputed Paternity,
Divorce,
Education,
Service,
marriage &
sports etc.
2. Criminal Courts –
These courts deals with crimes committed as per I.P.C
e.g Murder
Assaults ,
Suicide,
Infanticide,
injuries ,
poisoning,
vehicular accident,
Criminal Abortion
Alchoholism
Rape,
Unnatural sexual offences
Kidnapping,
Theft,
Robbery,
3. Consumer Courts 4. Caroner’s Court
These Courts deals Was only in Mumbai
with deals
consumer disputes. with inquest only.
Their procedure and
powers
are as civil courts.
Juvenile Court
Juvenile magistrates – usually ladies
Juvenile means a boy upto -16
A girl upto 18
juvenile if foundguilty is send to reformatories
for treatment
training & rehabilitation.
INDIAN JUDICIAL SYSTEM
Criminal Courts 4
1.Supreme Court-
-Highest court types
-It has power of supervision
over all courts in India. 3.33..3. The Session Court
2. High Court- - It can pass any sentence authorised by law
- Highest court for the - Death sentence passed by it must be
confirmed by the High Court
state
- It may try any case and - An Assistant Session court can pass a
pass any sentence sentence of imprisonment upto 10 yr
authorised by law.
- Death sentence can be commuted by High
Court, Supreme court and President.
- The sentence awarded by a court may be
enhanced by the Higher court.
- Magistrate & Session courts – Courts of trail
4.Magistrates are of three types
A) .Chief Judicial Magistrate- can pass a sentence of imprisonment upto
7 year
B) . I class Judicial magistrate – can imprison upto 3 year and fine upto
5000rupee
C) .II class Judicial Magistrate- can imprison upto 1 year and fine 1000
rupee
-Chief metropolitan magistrate can order any amount of fine legally
permittrd
-types of legal sentence – Death, imprisonment, fine.
1)Delhi Supreme Court
2)Mumbai High Court
3)Ahamadnagar District Court
PUNISHMENTS AUTHORISED BY
LAW (SEC.53I.P.C)
1) Death sentence –
India’s Capital punishment
In india, the method is to hang till dead.
2) Life Imprisonment –
for approximately 20 years .
Imprisonment may be- a.Simple
b. Rigorous – hard with
manual labour
c.Solitary confinement –
to keep him a alone.
3) Fine
4) Sending the juvenile to reformatories,
for treatment
training & rehabilitation.
PROCEDURE OF THE COURT
Procedure of Court
it includes –
1. Summon
2. Oath administration
3. Recording of evidence
a. Examination in chief
b. Cross Examination
c. Re – Examination
d. Court Question
Court Room Procedure
Summon/subpoena-
Summon = to call
Sub= under
Poena= Penalty
Legally Summon/ Subpoena is a writ
(written document)
written in duplicate, and signed by the Presiding
officer of the court.
Compelling the attendance of witness in the court
Under penalty
a specified Date and time
&
for specified case
Summons case- refers to offences, punishable with imprisonment upto
2 years
Conduct Money – Fee paid to witness at the time of
serving the summons to cover the expenses for
attending the court
It is given only in civil cases.
Oath – Before giving evidence the witness has to swear by
god or,
solemnly affirm that he will tell the truth, whole truth and
nothing but truth
It is compulsory and binds witness for evidence given.
In oath – taking the witness has to keep his hand on holy book-
like Geeta , kuran
This does not apply to child below 12 years.
Prejury – lying on oath
It means willful giving of false evidence by a witness under
oath or a failure to state what he know or belives under oath
or failure to state what he know or belives to be truth.
It is punishable & witness is liable to be procecuted.
Medicolegal importance: Imprisonment for
perjury may extended upto 7 years.
3. Recording of evidence
a)Examination in chief
Question are put to the witness by the lawyer
who has summoned him.
A leading Question is one which includes the material facts and
suggestes to the witness
the answer desired and admits of a conclusive answer by Yes or No
Leading Qestion are not allowed during examination in chief except
when witness is hostile.
Cross
Examination
b) Cross- examination-
the witness is questioned by the defence lawer.
The leading auestion are allowed.
The defence witness in a murder trail is cross
examined by Public prosecutor.
c)Re - examination
This is done by the lawyer, who has conducted
examination in chief.
d)Questions by judge-
To clear his doubts.
Doctor in WITNESS Box
In many a cases the medical officer is the
prime witness on whose evidence depends
the fate of the case.
Guidelines for presenting Medical Evidence
whenever a summon is issued – to Doctor
the Doctor must always attended the court
unless he/she has a reasonable excuse ,
In which case he should informed the court accordingly.
Non compliance is punishable with fine upto Rs 500
imprisonment upto 6 months or a warrant of arrested
may be issued against the witness.
THANK
YOU
