Professional Documents
Culture Documents
DR R K Sharma
DR R K Sharma
FORENSIC MEDICINE
the Penal Code of the Bishop of Bamberg and the of medical ethics. Sushruta Samhita written by
Caroline Code emphasised on the role of medical Sushruta in 200–300 A.D. refers to poisons, snake
evidence in court trials. The famous book on signs and treatment of poisoning. Sushruta is
Medico-legalquestions,QuestionesMedico-legales, considered to be the Father of Indian surgery. Unani
was written by Paolo Zacchia in 1621 in seven system of medicine was introduced in India by
volumes. He was the principal physician to Pope Mughal rulers when Ayurveda was flourishing in
Innocent X and Alexander VII. India. Coroner’sAct 1811 was introduced by British
Towards the end of the sixteenth century, in Kolkata and Mumbai and police investigations
medico-legal autopsies started becoming frequent began in India then. The first chair of professor of
at various places around the world. The first book Medical Jurisprudence was established in 1857 at
on Forensic Medicine was written in 1602 by Madras Medical College.
Fortunate Feedele, an Italian physician. Famous TheIndianPenalCode(I.P.C.)cameintoexistence
works on medico-legal scenario by Zacchia was in 1860 and Criminal Procedure Code in 1861. The
published in seventeenth century. In eighteenth Indian Medical Council Act came in 1933 and
century, professorship in legal medicine was created establishedthe MedicalCouncilofIndiaatNewDelhi.
in Germany. Orfila (1737–1853) was the professor The most outstanding contribution in medico-
of chemistry and legal medicine in Paris and is legal field in India was made to modern
regarded as the founder of modern toxicology. dactylography. Sir William Herschel of the Indian
Civil Service in 1858 used dactylography as a
method of identification, which was later improved
FORENSIC MEDICINE IN INDIA by Sir Francis Galton.
The modern Forensic Medicine in India was
Manusmriti (3102B.C.)isthe firsttreatiseonvarious started by Dr Jaising P. Modi. For the first time in
laws written by King Manu. It prescribed code of India in 1920, he was the one who wrote a book on
conduct for society and had many medico-legal laws Forensic Medicine and toxicology. It was titled,
about marriage, punishment for rape, adultery, etc. Medical Jurisprudence and Toxicology. He is called
Vedas (2000–1000 B.C.), especially the Father of Forensic Medicine in India. He
Atharvaveda, furnish details about how to cure described the Indian medico-legal experience for
wounds, poisoning and snake bites. The first Indian the first time in his book. In the last fifty years, the
book on medicine, Agnivesha Charaka Samhita specialty of Forensic Medicine has grown all over
was written by the famous physician Charaka. It India and is a part of curriculum in all medical
describes training, duties, privileges and social schools. Now, various organisations are working
status of physicians. It is considered as Indian code in this field for improvement of the specialty.
2
Legal Procedures
the powers to summon witnesses and record 1. The Delay in Information: Police is unable
statements and if he suspected foul play he used to to act on time as information regarding
give a verdict of foul play and then assign the case crime reaches the police quite late due to
to the concerned magistrate for trial. When the lack of communication facilities like
accused was not found he used to return an open telephones, etc., especially in villages or
verdict which means that the inquest was postponed remote areas.
indefinitely and could be opened on receipt of new 2. Decomposition: As police reaches late, the
information. In a coroner’s court, the presence of signs of decomposition may have already
the accused was not essential. set in and vital evidence may be lost.
3. Lack of Medical Knowledge: As majority
Magistrate Inquests of police officials are ignorant about medical
knowledge, they experience difficulty in
It is held under Section 176 Cr.P.C. and is conducted correlating injuries with circumstances.
by an executive magistrate like Subdivisional or 4. Rapid Disposal of Dead Bodies: As per
District magistrate. It is considered to be superior to religious customs, cremation is done in
police inquest. It is held in following cases: Hindu and Sikh communities, if the body is
1.Death in prison cremated before arrival of police, vital
2.Death in police custody evidence may be lost. Even in cases of
3.Death due to police firing burial, rapid decomposition may cause loss
of evidence as the permission for
4.Dowry deaths under Sec. 304B of the Indian
exhumation may take some time.
Penal Code
5. Any case where the government orders that
inquestneedstobeconductedbyamagistrate. COURTS IN INDIA
Magistrate can order exhumation. Earlier, a
coroner also had the power to order exhumation. As doctors have to appear in various courts of law,
In any case of death, magistrate can hold inquest it is better for them to get familiar with different
even if the police has already made the inquest. courts in India and their powers (Table 2.1). There
are two types of courts in India: (1) civil and (2)
Medical Examiner System criminal.
The courts in India are of four types:
This system is prevalent in the United States of 1. The Supreme Court: It is located in New
America where a forensic pathologist is appointed Delhi, and is the highest judicial tribunal in
as a medical examiner. He conducts the post- India. It can pass any sentence prescribed
mortem and usually visits the scene of crime. Being by the law and supervises all the courts in
a doctor, he is able to easily correlate injuries with India. The law declared by it is binding on
circumstances. He submits his report to the district all courts.
attorney for further action. This system is 2. The High Court: It is usually located in
considered superior to a police inquest. the capital of every State, and is the highest
tribunal of the state. It can try any offence
and pass any sentence prescribed by the law.
DIFFICULTIES IN DETECTION OF CRIME IN3. The Sessions Court: It is located at district
INDIA headquarters, and can pass any sentence
authorised by the law but the death sentence
The following are the difficulties which are passed by it must be confirmed by the High
commonly faced in detecting crime in India: court.
4. The Magistrate Courts: The magistrate under penalty threat on a specified day, time and
courts are of following types: place for giving evidence. It may also ask him to
(a) Chief Judicial Magistrate or Chief produce any book, document or case records
Metropolitan Magistrate can pass supposedly under his control for the inspection by
imprisonment for up to 7 years, and can the court. The witness can be excused from
attending the court only if he has some valid and
also impose fine without limit. He can
urgent reasons.
order solitary confinement as well.
Noncompliance of summon may render a
(b) First Class Magistrate or Metropolitan
person to pay damages in a civil case, or pay fine
Magistrate can pass a maximum of 3
or sustain imprisonment in criminal cases. Criminal
years sentence, fine up to Rs. 5000/- and
courts have priority over civil courts. If a person
can also order solitary confinement.
has received two summons for the same day, one
(c) Second Class Magistrate can sentence
of which is from a criminal court and the other from
up to one year, and fine up to Rs. 1000/-.
the civil, he should attend the criminal court and
Also, he can order solitary confinement.
should inform the civil court. Higher courts have
priority over the lower courts. If summoned to two
Cognisable Offences
courts,both civil and criminal,he should first attend
the higher court. If he is summoned by two courts
It is an offence where a police officer can arrest a
of the same status he should attend the court from
person without a warrant from the magistrate, e.g.
where he has received the summons first, informing
rape, murder, grievous hurt, etc.
the other court.
The sentences authorised by law are: (a) death,
(b) imprisonment for life, (c) rigorous impris- Conduct Money
onment, and/or solitary confinement, (d) simple
imprisonment, (e) forfeiture of property, (f) fine, In civil cases, a reasonable sum that would be
and (g) detention for treatment, training and incurred as travelling expenses is usually tendered
rehabilitation of young offenders under the age of at the time of serving of summons. This is known
16 years.
as ‘conduct money’. It is paid by the party who has
called him to give evidence. If the fee is not paid,
Subpoena or Summons (Sub means under, doctor can ignore the summon or, if he feels it is
poena means penalty) insufficient, he can bring it to the notice of the court
which will decide whether it is reasonable or not.
It is a document issued by the court commanding If the court feels it is insufficient, it may direct the
the attendance of the witness to appear in the court party who has called the doctor to give evidence or
Table 2.1 Powers of different courts
PERJURY
Before starting the procedure, witness has to take
an oath. The format is: “I swear by God that I shall Perjury means willful utterance of falsehood by a
speak truth, the whole truth and nothing else but witness under oath. He is liable to be prosecuted
truth.‖ If the witness is an atheist, he has to make for the same.
solemn affirmation instead of swearing by God.
Medical Evidence
Examination-in-Chief
It is of two types:
The first examination is done by the counsel who 1. Written or documentary evidence
has called the witness to the box. In this 2. Oral evidence.
examination, no leading questions can be asked.A
leading question is defined as the question, which Documentary Evidence
suggests some answer, e.g. “whether on the day of
murder you were wearing a red shirt or not?” The This refers to all documents produced for the
purpose of the examination-in-chief is to place on inspection of court, e.g. (a) medical certificate, (b)
record, all the information the witness has about medico-legal report, and (c) dying declaration.
the case. In case of medical witness it is the public Medical Certificate: It refers to ill health, insanity,
prosecutor who examines him first. birth and death. It has to be signed by a registered
medical practitioner. In giving certificate of ill
Cross-examination health, the doctor should mention the exact nature
of the illness, and take the signature (preferably)
It is considered to be the most reliable procedure or thumb impression of the patient.
of testing the value of an evidence and is held by
the counsel for the accused, or the opposite party. From April 1, 1969, under the Registration of
The witness may be asked any question including Births and DeathsAct, the registration of births and
the leading question. There is no time limit fixed deaths is compulsory. It is obligatory for a medical
for cross examination. practitioner who has attended the last illness of the
However,the court reserves its right to disallow deceased person to issue a death certificate. The
any question it deems unnecessary or insulting to medical practitioner is not entitled to charge any
the witness. fees for issuing a death certificate.
Medico-legal Reports: These documents are Dying Deposition: It is the statement of a person
prepared by the doctor on the request of police or on oath before a magistrate, in the presence of the
investigating agencies in criminal cases like assault, accused or his counsel, who in turn, is allowed to
rape, murder, poisoning, etc. The reports consist cross-examine the witness. The doctor should first
of two parts: (a) facts observed on examination, certify whether the person is capable of making a
and (b) opinion drawn from the facts. The report is statement or not (compose mentis). It means court
not admitted unless the doctor testifies in the court. by the bedside, and has greater value as compared
Exhibits like clothing, weapon, etc. sent for to dying declaration (Table 2.2).
examination should be described in detail after
Oral Evidence
examination and should be handed over after it is
properly sealed. It includes all statements made before the Court,
by the witness, in relation to the matter under
Dying Declaration: It is a statement, written or investigation.The oral evidence must be direct. Oral
verbal, of a person who is dying as a result of some evidence is much more important than documentary
unlawful act, relating to facts of cause of his death evidence as it allows cross-examination.
or any of the circumstances resulting in death. Documentary evidence is accepted by the court
If there is time, a magistrate should be called. If only on oral evidence by the person concerned. The
there is an emergency, the doctor himself should following are the exceptions:
recordthestatement.Butbeforerecording,heshould 1. Dying declaration
certify that the person is compose mentis, i.e. he is 2. Expert opinion expressed in a treatise may
conscious and his mental faculties are normal. The be proved in court by producing such a
statement can be recorded by police or any other book, if the author is dead or cannot be
person. The statement should be noted down in the found or called witness without
man‘s own words without any alteration. Leading unreasonable delay or expenses.
question should be read over to the person and his 3. Evidence of doctor recorded in a lower court
signature or thumb impression should be taken at is admissible in a higher court, provided it
the end. If the person is able to give only partial was recorded by a magistrate in the presence
statement, and then he becomes unconscious, only of the accused.
the partial statement should be recorded. The dying 4. Evidence given by a witness in a previous
declaration is admissible in court as evidence even judicial proceeding, is admissible in
if the person was not under expectation of death at subsequent judicial proceedings when the
that time. It is accepted as evidence at the time of witness is dead or cannot be found, or is
trial if the person dies. If the declarant survives, the incapable of giving evidence, or cannot be
declaration is not admitted and the person is called called without undue delay or unreasonable
to provide oral evidence (Table 2.2). expense.
!
Identification
Caucasian hair has oval shape in cross- characteristics become prominent only after
section with uniform distribution of fine or puberty.
coarse pigment. The difficulty arises when there is ambiguity
4. Skeleton: The cephalic index or index of of external genitalia and the secondary sexual
breadth of skull is very important: characters are unable to confirm the sex.
Maximum breadth of skull
Cephalic index = × 100 Investigations
Maximum length of skull
Themeasurementsaremadewithcallipers(Table3.1). There are investigations for sex determination
Characteristics of Hindu males are that they are which are as follows:
not circumcised, sacred thread, necklace of wooden 1. Sex Chromatin Study: The Barr body is
beads (Rudraksh), caste marks on forehead, tuft of present in females and absent in males. It can be
hair on head and pierced ear lobes. The Hindu easily demonstrated in buccal smear. The
females may have vermilion on scalp, silver toe chromosome in the males is fluorescent to
ornaments, tattoo marks, nose ring aperture in left quinacrine and can be demonstrated easily. The
nostril, few openings for ear rings along the helix. determination of sex is quite important in
Muslim females may have nose ring aperture in connection with inheritance, marriage, divorce,
septum only, several openings in ears along the sexual offenses, participation in sports, etc.
helix. All Muslim males are circumcised. Intersex: It is intermingling of one sex into
another. It can be divided into two categories:
Sex (a) Gonadal agenesis: In this condition the
testes or ovaries have never been developed.
Sex of individual can be determined either by The nuclear sex test is negative. It is quite
clinical method or investigations. rare.
Clinical Method (b) Gonadal dysgenesis: It is mainly of four
types:
It is by observing secondary sexual characters of
(i) Klinefelter’s syndrome: In this, the
the individual. In males, presence of a well- chromosomal pattern is XXY (47
developed penis and testes, hair on upper lip, chin, chromosomes). The anatomical structure is
chest, pinna, pubic hair extending towards naval, of male but nuclear sex is that of a female.
underdeveloped breasts and lesser thyroid angle There is delay in puberty, behavioural
(about 90°) are main characteristics for identi- disorders and mental retardation. Axillary
fication. In females, a well-developed vagina along and pubic hair are absent and hair on chest
with labia major and minor with clitoris, well- and chin are reduced. Gynaecomastia,
developed breasts, greater thyroid angle (about azoospermia, low level of testosterone,
120°), pubic hair being horizontal covering only sterility, increased urinary gonadotrophins,
mons pubis, are the few features which help in signs of eunuchoidism and increased height
identification of the females. But these are usual characteristics. Testicular
Temporary teeth: They are also known as milk Each tooth has a crown, a neck and a root
teeth or deciduous teeth. They are 20 in number—4 embedded in the jaw bone. It is composed of dentin,
incisors, 2 canines and 4 molars in each jaw. the crown is covered by enamel and the root by
Permanent teeth: They are 32 in number—4 cementum which is attached to the alveolar bone
incisors, 2 canines, 4 premolars and 6 molars in by periodontal membrane. It is observed that dental
each jaw. The permanent teeth erupted in place of and skeletal ages correspond in males, but in
temporary teeth which start shedding from about females the skeletal age is generally one year more
sixth or seventh year (Table 3.3). than the dental age (Fig. 3.1).
Table 3.3 Differences between temporary and permanent teeth
Table 3.4 Sequence of appearance of centres of ossification and union of bones and epiphysis
Gustafson’s Method: It is used for age Males: At 14 years, fine hair begin to appear
estimation in adults above 21 years of age. It depicts on pubis, the testes become large in size and penis
the physiological changes in each teeth with begins to grow. At 15 years, hair growth on pubis
progression in the age. The important changes are is moderate and also starts in axilla. At 16 years,
periodontosis, attrition, secondary dentin, hair on pubis is fully grown and genitals acquire
cementum apposition, root resorption and an adult appearance. Between 16 and 18 years, hair
transparency of the root. Of all these, transparency begin to grow on the face and voice becomes
of root is most reliable. hoarse.
The four pieces of the body of sternum fuse Females: At 13 years, breasts begin to develop
with each other from below upwards between the and fine, pale, downy hair appear on mons pubis.
age group 14 and 25 years. The xiphoid fuses with The labia develops and menstruation starts.At 14–
the body of sternum at about 40 years. The 15 years, growth of pubic hair is good and starts in
manubrium fuses with the body in very old age or axilla too.
sometimes does not fuse. The greater cornuea of
Medico-legal Importance of Age (Table 3.5)
the hyoid bone fuses with body in 40–60 years of
age. In skull, the anterior fontanelle closes and two Thefollowingisthemedico-legalimportanceofage:
halves of the mandible unite during the second year 1. Criminal Responsibility: Under Section
(Table 3.4 and Fig. 3.2). 82 of the I.P.C., any act done by a child
Secondary Sexual Characters: The sequence under 7 years of age, is not an offense.
of appearance of secondary sexual characters in Under Section 83 of the I.P.C. a child
males and females are as follows: between the age of 7 and 12 years is
50–60 years
20 years
50–60 years
50–60 years
60–90 years
40–50 years
Under the Factories Act, 1948 an adult is of the features regarding the eyes, nose, ears, lips,
defined as a person who has completed his chin and teeth should always be carefully noted.
18th year. An adolescent is defined as a The colour of irises, size of ear lobule should be
person who has completed his 15th year, noted. In certain individuals, lips may be thin or
but has not completed his 18th year; and a thick. The chin may be round, square, protruding
child is defined as a person who has not or double (due to excessive fat). Expression of an
completed his 15 years. individual changes after death.
7. Attainment of Maturity: A person attains
maturity on completion of 18 years. Hair
However, if a person is under the
guardianship of the court of law or is under
Hair plays an important role in establishing identity
guardian appointed by the court, he attains
as it resists putrefaction for a longer time. The hair
maturity on the completion of 21 years.
of Indians is generally dark and fine, that of Chinese
8. Evidence: The competence to depose does
not depend on age but on understanding. If and Japanese is dark and coarse, while that of
Negroes is curly and wooly. Some people in order
the court is satisfied that the child is truthful,
to disguise their identity, might colour hair with
any child of any age can give evidence in
henna, dyes or cosmetics. The hair may change
the court (Section 118, Indian Evidence
colour in individuals working in certain trades like
Act).
copper melters and indigo workers. To find out the
9. Marriage Contract: A girl under 18 years
and a boy under 21 years cannot contract chemical use of dyeing, a few strands of hair should
be removed and they should be diluted in
marriage(ChildMarriageRestraintAct,1987).
hydrochloric or nitric acid to dissolve the matter
10. Infanticide: In a court of law the charge of
and then appropriate test should be done.
infanticide cannot be sustained if it is proved
that infant was under the age of 6 months Medico-legal Importance of Hair
intrauterine life.
11. Criminal Abortion: A woman who has Hair is important in a crime investigation, as it
already passed the age of child bearing, sometimes remains on the body of the victim or
cannot be charged of having criminal on the alleged weapon. In rape and sodomy, pubic
abortion. hair of the accused may be found on the victim or
12. Impotence and Sterility: A woman vice versa. Stains on the hair may sometimes
becomes sterile after attaining menopause. indicate the nature of assault, for example, seminal
However, a boy can be sterile although not stains in sexual offenses and salivary stains in
impotent before puberty. asphyxial deaths. In chronic poisoning of heavy
metals, the metal can be detected in the hair even
after a long time. Singeing of the hair indicates
Complexion and Features burning.
"
Post-mortem Examination
The post-mortem examination is a legal not be possible to bring the bodies to the mortuary;
requirement when the cause of death is not known. in such cases the doctor conducts the post-mortem
The objectives of a post-mortem examination are: on the spot. Also, in cases that require exhumation,
the post-mortem is conducted on the spot.
1. To establish the identity of an individual
Before a post-mortem examination, the doctor
2. To know the cause of death
should read all the inquest papers. The inquest
3. In case of a newborn whether the foetus
papers contain brief facts of the case, statements of
was viable or not.
witnesses, a map of scene of crime, medico-legal
The cause of death is defined as disease or report, death report, etc. He should also go through
injury which results in death. The manner of death the enquiries made by the investigating officer. The
explains how the cause of death came into being. post-mortem should preferably be conducted in
The manner of death may be natural or unnatural. daylight. Although there is no bar to conduct a
When a person dies because of some disease, the post-mortem examination at night, there should be
manner of death is natural. If he dies because of adequate light if post-mortem is conducted after
some injury, the manner of death is unnatural, sunset. It is advised that if a post-mortem
which may be homicidal, suicidal, or accidental. examination is carried out after sunset, necessary
The mode of death is the physiological process permission from appropriate authorities may be
which causes death like asphyxia, coma, and sought. The post-mortem examination should be
syncope. complete and thorough. All the great cavities and
organs should be examined thoroughly. A partial
CONDUCTING A POST-MORTEM post-mortem is not allowed.
EXAMINATION The post-mortem report consists of following
components:
The post-mortem examination is conducted only 1. Preamble: The name of the deceased, the
on the written request of the police or magistrate. gender, address, time of arrival of the body,
In normal circumstances, a police officer or a date and place of examination, name of the
magistrate brings the dead body, along with the police officer who brought the body and
inquest paper, to a mortuary for post-mortem name of the relative who identifies the body,
examination. But sometimes, if it is not possible to should be noted.
bring the dead body to the mortuary, the doctor 2. The Body of the Report: It consists of
may be asked to go to the scene of the crime and complete account of external and internal
conduct post-mortem examination. This is examination. All the injuries on the body
sometimes seen in hills where a vehicle may fall are described. Marks of identification should
into a deep trench resulting in death, and it may be recorded.
3. Opinion: This is the most important aspect 3. If ligature material is seen around the neck,
of the report. An opinion regarding the its position, manner and application of the
cause of death is provided after careful knot should be recorded accurately.
consideration of all the findings. The opinion 4. A rough estimate of age should be made
should be brief, clear and honest. It should from general body, teeth examination or
be based on scientific facts and terms like other physical appearances.
probably, nearly, etc., should be avoided 5. All the natural orifices like mouth, nose,
whileexpressingopinionregardingthecause ears, anus, urethra and vagina should be
of death. inspected for injuries, discharges, or foreign
After expressing his opinion the doctor should bodies. Swabs should be taken in suspected
put his signature, complete name, designation and cases of sexual assaults.
address below the signature. It is better to put the 6. The signs of decomposition and post-
official seal. No unauthorised person should witness mortem changes should be carefully noted.
a post-mortem examination. The doctor should Extent of rigor mortis, post-mortem staining,
preferably write the report immediately after the changes in cornea, and dripping of saliva should
post-mortem examination and hand it over to the
be noted.
police official or the magistrate. The copy of the
After cleaning the body, all the injuries present
report should not be given to any unauthorised
on the body should be noted. All the injuries should
person.
be described in detail. The length, breadth and
External Examination depth should be exactly noted. If the injuries are
deep, the distance of each injury from two fixed
Before starting external examination, height and points on the body should be noted. Fixed points
weight of the body should be taken. Observation of the body include bony prominence, median
regarding nutrition, physique should be made. In plane, etc. The description of the injury should be
case of unknown bodies, fingerprints along with made in such a manner that the doctor is able to
photographs should be taken. Marks of reconstruct the same in a court of law, if requested.
identification like moles, scars, tattoos, deformity, Injection marks present on the body should be
etc. should be noted. carefully noted. If required for testing purposes, a
The following procedure should be followed portion of skin (2.5 cm × 2.0 cm) containing
for external examination: injectionmarkwithsubcutaneoustissueandmuscles
1. The body must be identified by police should be preserved. A similar piece from the
constables who brought the body and it opposite side should also be taken as control
should be cross-checked with relatives of specimen. The length, breadth, direction and colour
the deceased. This is necessary especially of bruises and abrasions should be noted. All bruises
in burn cases and when the body is highly should be incised to confirm infiltration of blood
decomposed, since facial features of the beneath the skin so as to confirm their status as
person may have been obliterated due to ante-mortem or not. No probe should be introduced
burns or decomposition. in deep or penetrating wound till the body is opened
2. The clothes on the body should be examined up. In case of fire-arm injuries, blackening around
carefully for stains and tears as these may the entire wound should be carefully noted. In case
indicate struggle before death. The pockets of of burns, exact size, portion and extent should be
the clothes should be checked and any item noted. In case of an infant, the condition of the
found should be noted in the post-mortem umbilical cord should be inspectedæwhether it is
report. tied, torn or cut.
Examination of Head
it does not injure the underlying parts. The pleural In case of suspected poisoning, the entire
cavities should be examined for the presence of stomach along with its contents is preserved.
any blood, pus, or injury. 2. Intestines: Both small and large intestines
The heart is examined by opening the should be inspected by cutting the mesentery
pericardium. The lungs and heart should be and examined for congestion, ulcer &
removed and examined. The condition of the heart perforation. In cases of suspected poisoning
should be seen for enlargement or any injury a small part of the upper intestine is
present. All the chambers of the heart should be preserved.
examined for any thrombus, embolus, etc. All 3. Liver: The liver should be examined for
coronary arteries should be examined by giving a any injury, disease, etc. The surface of the
small incision for any blockage or atherosclerosis. liver should be inspected. The gall bladder,
The dissection of the heart is done in the direction pancreas and spleen should also be inspected
of flow of blood for better appreciation. The lungs for any disease or injury.
should be examined for injury, collapse, diseases, 4. Kidney: The kidneys should be inspected
etc. To examine bronchioles and air passages, by cutting open and examined for any injury
dissection of lungs should be done through hilum. or diseases (Table 4.1).
All the bronchioles can be opened by following 5. Urinary bladder: It should be examined
their directions as they go inside the lung. The for its contents and surface. In case of
trachea and bronchioles should be examined for suspected poisoning, urine can be collected
the presence of water, blood, foreign body, pus, by a catheter before opening the bladder.
etc. The aorta and rib cage should be inspected for The prostate and testes should be examined
any injury or disease. An incision is made from by cutting section.
the chin to the upper part of the sternum after the 6. Uterus: In a female body the examination
head is placed backward, and a piece of block is of uterus is very essential. In nulliparous
kept below the neck. The skin is reflected and the women, it is of very small size, around 7.5
cm ¥ 5 cm ¥ 2.5 cm. Its weight depends on
neck is examined layer by layer by cutting the
whether the woman is pregnant or not.
muscles. Any extravasation of blood or injury to
Uterus should be cut longitudinally and its
blood vessels, muscles, thyroid, cricoid cartilage,
inner surface should be examined for any
hyoid bone should be noted.
changes. The ovaries and fallopian tubes
The trachea and oesophagus should also be
should also be examined.
inspected. The peritoneal cavity should be
7. Spine and Spinal Cord: In normal
examined for adhesion or injury. The abdominal
circumstances, it is not opened up. But if
organs should be removed and inspected:
some injury or disease is suspected, it is
1. Stomach: The stomach should be removed opened up. The body is turned over on the
by tying a ligature 3–5 cm above the cardiac face and a block is kept below the thorax;
end and another at the pyloric end. It is and an incision is made along the entire
opened along the greater curvature and its length of the vertebral column from the
contents examined. The mucosal surface of occiput to the lower end of the sacrum.
the stomach should be carefully inspected After reflecting muscles and skin, the lamina
for congestion. The contents of the stomach are cut by a saw and the spinal cord is
should be weighed and their degree of inspected. The vertebral column should be
digestibility should be noted. Any particular inspected for any fracture, disease, etc. After
smell of contents should always be noted. the post-mortem examination is over, all
the organs are replaced in the body, and the 5. Kidney: Half each of both kidneys in adults,
body is stitched up and covered with cloth; but both in children and infants.
and then handed over to police who then 6. Sample of blood: A gauze piece is soaked
forwards it to relatives for disposal. in blood, and then dried before handing
over.
Preservation of Viscera and Other Articles
7. Sample of preservative: Commonly, the
In suspected cases of poisoning, the viscera is above viscera are preserved in a saturated
preserved to rule out common poisoning. The solution of common salt. A sample of
viscera should be preserved in clean, wide-mouthed preservative is also given along with viscera
glass bottles fitted with glass stoppers. The as a control.
following viscera are preserved commonly:
The stomach and small intestine along with
1. Stomach with all its contents. their respective contents are preserved in one bottle
2. Small intestine along with contents. About while liver, spleen, and kidneys are preserved in
1.0 m in adult, 1.5 m in children and whole another bottle. The blood sample should be
in infants. preserved separately. If alcohol is suspected, sodium
3. Liver: About 400–500 gm; whole in infants. fluoride should be used as the preservative. In all
4. Spleen: Half in adults and whole in infants acid poisoning except carbolic acid, rectified spirit
and children. should be used as a preservative. Sufficient quantity
#
Examination of Decomposed and
Mutilated Bodies, Skeletal
Remains, and Exhumation
7. The cause of death should be determined 2.5 cm for soft parts to entire length of
by the presence of injuries on the body. the skeleton.
8. Identity of an individual can be established (b) As a general rule, the stature of a person
by Superimposition Technique. In this, a is approximately equal to the length
life-size photograph of the person is measured from the tip of the middle
superimposed on the skull of the person to finger to the tip of the opposite middle
look for similarities. For this, the skull finger with arms extended horizontally.
should be cleaned properly with hydrogen (c) If only one arm is there, height can be
peroxide solution. Although this technique calculated by multiplying its length by
has only corroborative value, it is useful in two and adding 30 cm for clavicles, and
many cases. 4 cm for width of sternum.
(d) The length of the forearm measured
EXAMINATION OF SKELETAL REMAINS from the tip of the olecranon process to
the tip of the middle finger, is also stated
to be equal to five-nineteenth of the
Sometimes an entire skeleton or, a bundle of bones
height.
is sent by the police and various questions are raised (e) The length of head is one-eighth of the
about whether they are of a human or not, what is height of the body.
their age, sex and cause of death, etc. The (f) Symphysis pubis forms the centre of the
examination of bones should proceed in following body from 20–25 years of age.
manner: (g) Height can also be determined by using
1. To determine the bones, whether they are multiplication factors available to the
of a human being or not, one should have a length and breadth of various bones. The
knowledge of the human skeleton and its various formulas commonly used are
comparison with those of other animals. If Karl Pearson’s, Krogman’s and Trotter
in doubt, the precipitin test with anti-human and Gleser’s formulae. Greater accuracy
sera can be done to determine whether bones of the height can be ascertained after
are of a human being or not. taking sex of the individual, and
2. The sex of the skeleton can be determined on regression formula into consideration.
examinationofbones(Table5.1).Iftheentire 4. The age of the individual is determined by
skeleton is present, grade (percentage) of the presence of teeth, their number, wear
accuracy of sex determination is 100 per cent. and tear, presence of centres of ossification
and their fusion with shaft. The approximate
If the skull and pelvis are there, it is 98 per
age should be given after consideration of
cent. If pelvis and long bones are there it is
all these factors.
still 98 per cent. But if pelvis alone is there it
5. Sometimes, it is very difficult to determine
is 95 per cent. It decreases to 93 per cent if
the time since death but the following criteria
skull alone is present. In case of long bones it
can help:
is 85 per cent. Sex determination of bones
(a) Look for fractures and stage of callus
can also be calculated by noting down the
formation.
length and breadth of various bones.
(b) Look for condition of soft parts. Their
3. The height of the individual can be estimated stage of decomposition may give an idea.
by keeping the following facts in mind: (c) Bones begin to decompose in three to
(a) If the complete skeleton is present add four years.
whether fractures are due to injuries or due 2. Before beginning to dig the grave, it should
to heat. When bones, especially long bones be identified by the undertaker or by the
and skull are exposed to high heat, curved police.
fractures may be seen. Even in burnt bones, 3. The grave should now be dug. Condition of
arsenic can be detected on chemical the coffin should be noted and preferably be
examination. identified by the person who has made it.
4. In cases of suspected poisoning, 500 gm of
EXHUMATION earth in actual contact with the body should
be kept for chemical analysis as control
sample.
Sometimes, it is necessary to exhume bodies from
5. The body should be taken out and post-
graves when there may be doubts regarding cause
mortem examination should begin there
of death , some foul play like abortion, or disputed
itself.
bodies. Even in cases of doubtful identification,
6. Photographs should be taken while all the
malpractice or insurance claim, exhumation may
be done. examinations are going on.
7. The post-mortem should be done away from
Rules theeyesofpeoplebycoveringandcordoning
the area.
The exhumation can be done only on the orders of 8. The complete post-mortem examination
the magistrate. Previously, coroners were also should be done to ascertain identification,
authorised by law to order exhumation, but since age, time since death and cause of death.
the abolition of the coroner system, an exhumation 9. Sample of viscera, hair, nails, etc., may be
can be done only on the orders of the magistrate. It preserved for chemical analysis.
should always be done under natural sunlight and 10. After post-mortem examination, the body
should not be conducted after sunset. may be re-kept in the grave for burial.
11. At no stage should disinfectants be used on
Procedure the body.
12. The sample of earth taken as control near
For exhuming bodies following steps should be the body should also be forwarded for
taken: chemical analysis.
1. After receiving a written order from the 13. In India, there is no time limit prescribed
magistrate, the doctor should proceed to the for ordering exhumation. In France, it is
site immediately. 10 years and in Germany it is 30 years.
$
Examination of Biological Stains
and Hair
Table 6.2 MNS group more than 200 haplotypes or 60,000 genotypes
recognisable even with the use of two loci. So, there
Genotypes Phenotypes is a wide range of differentiation for inclusion or
1. MS/MS MS exclusion in paternity cases. HLA system is very
2. MS/Ms MSs superior as compared to other systems, and up to
3. Ms/Ms Ms 98 per cent exclusion can be possible with this
4. MS/NS MNS system. HLA system is widely used in transpl-
5. Ms/NS MNs
6. Ms/Ns MNs
antation procedures to identify the correct and the
7. NS/NS NS most suitable donor.
8. Ns/NS NSs 3. Serum Allotypes: There are differences in serum
9. Ns/Ns NS proteins in humans. Various proteins give patterns
which are called allotypes consisting of allomers
(c) The Rh system: This system consists
(genetically controlled) and allomorphs (genetically
mainly of five antigens D, C, E, c and e.
not controlled). Based on these differences in serum
Since antibodies were obtained by
proteins, various systems like Gm, Km,
depositing Rhesus monkey blood in rabbits
haptoglobin, Gc, Ag, Lp, Xm, albumins, and
and guinea pigs, it was called Rh system.
transferrins were found which can help in cases of
In clinical practice, mainly D antigen is used
disputed paternity.
for blood transfusion. Those who have D
4. Red Cell Enzymes: Erythrocyte acid phosphates
antigen are called Rh +ve while the rest are
called Rh –ve. In India, 85 per cent of (EAP) system, Adenylate kinase (AK) system,
population is Rh +ve. Various phenotype adenosine deaminase (ABA) system, phospho-
and genotype combinations are possible glucomutase(PGM) system, 6-phosphogluconate
with other antigens by which exclusion of dehydrogenase (6-PGD) system, esterase D (ESD)
paternity can be done. system, and glyoxalase (GLO) system are the few
isoenzyme systems that have been developed for
(d) Other system: BesidesABO, MNs and Rh,
there are other systems for examination also disputed paternity testing.
like Kell system, Duffy system, Kidd Examination of Blood Stains
system, Lutheran system, P system, Xg
system, Cotton and Yt system, which can Blood stains can be found on soil, clothes, body or
also be used. But nowadays, they are rarely any other place. It may be mixed with other body
used in view of recent techniques. fluids. The blood stain has to be carefully lifted.
2. White Cell Antigens: HLA system (human Take a sample to laboratory, if possible. If it is not
leucocyte antigen system) – These antigens are possible, sample may be lifted with a moist cotton
present on white blood cells and consist of 68 and transferred to a slide. The first step in
factors which are now classified into four loci, A, examination of a blood stain is to verify if it is a
B, C and D. Individual alleles of each locus and its blood stain or not. Blood is identified by the
antigen were designated by numbers following the presence of haemoglobin in red blood cell or serum
designation of the locus, like HLA–A10, HLA– proteins.
B27. The genes of the system are inherited as
codominant Mendelian characters. The child gets Tests for Identifying Blood
four genes each from each parent. Four genes
inherited from one parent are called haplotype and The tests of blood are as follows:
one genotype contains two haplotypes. There are 1. Screening Tests for Blood: These tests are based
on the presence of peroxidase enzyme activity of absorption spectra of haemoglobin and its
haemoglobin which releases nascent oxygen from derivatives.
hydrogen peroxide when added to it. This nascent 4. Chromatographic Tests: It can be on paper
oxygen changes colour of the reagent added. or silica gel thin layer chromatography, and
Benzidine test: In this, benzidine solution is compared with standard tests.
added along with hydrogen peroxide, an intense 5. Electrophoretic Tests: Electrophoresis of
blue colour in seen if blood is present. stain extract can be carried out on agar gel
2. Kastle-Mayer test: In this, phenolphthalin is for separation of haemoglobin or serum
added instead of Benzidine, pink colour is seen if protein. Haemoglobin can be tested by
blood is present. screening test and serum proteins by
Benzidine test is very sensitive as it can detect immunoelectrophoresis.
blood in 1 in 1,000,000 dilutions. Phenolphthalin
test is more specific, but less sensitive. Species Identification
A negative test while screening may rule out
the presence of blood but there may be a false Once it is identified as a blood stain, next step is to
positive test also. Some vegetable stains, salivary identify whether it is of human or animal origin. It
stain, rust or pus may give a positive test. is done by precipitin test.
7
Medico-legal Aspects of Death
On clinical examination, there would be Hands and feet become cyanosed.As a result
pallor on the face, the heart beat faster but of increased capillary permeability, there is
weak and the respiratory rate higher but exudation of fluid in lungs and mouth. This
shallow. Slowly, the person becomes stage lasts for 1–2 minutes and as a result
unconscious and dies. of increased sympathetic and parasymp-
On post-mortem examination, the body would athetic activity, there is increased salivation,
be pale in colour. The heart would be contracted increased heart rate and gastrointestinal
and chambers empty. All the organs would be pale. motility. Urine, stool and semen may be
passed out.
Asphyxia 3. The stage of exhaustion and respiratory
failure lasts for about 2–3 minutes. It is
When the respiratory function of lungs stops as a marked by failure of the respiratory and
result of lack of oxygen, it causes failure of heart nervous centres, leading to brain damage.
and brain as a result of oxygen deprivation. This The respiratory action stops although the
mode of death is called asphyxia. Asphyxia can be heart may beat for 10–15 minutes more.
due to: Finally, heart also stops.
1. Mechanical obstruction to air passage like Post-mortem Appearance of Death by
impaction of foreign bodies, bronchospasm,
Asphyxia
suffocation, drowning, etc. There may be
external pressure to close air passages like Externally, the face is congested. The lips
hanging, strangulation, smothering, etc. and nails are livid. Tongue is protruded and
2. At higher altitude where oxygen is deficient. may be bitten. Saliva may be seen oozing
3. In poisoning as with cyanide, there is out of the mouth. In hanging, cadaveric
interference in utilisation of oxygen at lividity is more marked.
cellular level. Internally, the mucous membranes of
4. Penetratinginjuriesofthechestwhichcauses the trachea and larynx would be congested
the collapse of lungs or chest muscles. and may contain froth. The lungs would be
5. Pulmonary embolism, tetanus and cold dark and purple in colour and, on cutting
causes asphyxia. section, exude frothy blood. The right cavity
6. Poisons such as strychnine, barbiturates and of the heart is found to be full; left cavity
opium. empty. The brain is congested and blood is
dark coloured. Numerous small petechial
Clinical Features of Asphyxia haemorrhages commonly called Tardieu’s,
spots are seen under the serous membranes
There are three stages of asphyxia:
of various organs, due to rupture of
1. Stage of inspiratory dyspnoea is when the capillaries caused as a result of increased
person is not able to take air inside, causing pressure in them. These are usually round,
anxiety, heaviness in head and ringing in small, multiple and their size varies from
ears. The lips become livid, eyes get pinhead to small pea. They are usually found
prominent, blood pressure rises and under pleural viscera, pericardium,
consciousness is lost within one minute. endocardium, thymus, meninges,
2. Stage of expiratory dyspnoea is caused by conjunctivae and epiglottis. They are also
accumulation of carbon dioxide and lack of seen in other conditions like bleeding
oxygen causing faster respiratory rate, disorders such as purpura, bacterial
convulsions and relaxation of sphincters. endocarditis or coronary thrombosis.
1. Magnus Test: A ligature is tightly applied body showing complete loss of sensibility and
around the base of finger sufficient to cut ability to move in which there is complete cessation
venous flow but not arterial flow. The finger of functions of the brain, heart and lungs, the so-
remains as such if the circulation has ceased. called “tripod of life”, which maintain life and
While if a person is having circulation, the health. In majority of cases, death is not an event,
portion beyond ligature becomes blue and it is a process; various organs and systems
swollen. supporting the continuation of life fail and
2. Diaphanous Test: If a person is alive, the eventually cease altogether to function, successively
webs of fingers appear very red and and at different times. Rarely, death may occur
translucent if the hand is held in front of instantaneously or near instantaneously as in cases
light with fingers abducted. But it appears ofmassivetrauma.Generally,adyingpatientpasses
yellow and opaque after death. But in carbon through the processes of successive organ system
monoxide poisoning it may appear red, and failure reaching an irreversible state at which brain
yellow in anaemia. death occurs and this is the point of no return. In
3. Icard’s Test: In this, a solution of some cases, brain death does not occur as a result
fluorescein dye is injected into hypodermis. of the failure of other organs and systems but as a
It produces discolouration of skin only if direct result of severe damage to the brain itself.
the circulation is there, otherwise not. Brain death results in cessation of spontaneous
4. If the pressure is applied and later withdrawn respirationfollowedbycardiacarrestwithinminutes
on finger nail, it produces, alternately a due to hypoxia. Whatever the mode of its
white and pink colour in live person, production,braindeathrepresentsthestageatwhich
otherwise not. a patient is truly dead, because by then, all functions
5. If a small artery is cut, there would not be of the brain have permanently and irreversibly
flow of blood in jerks if the person is dead. ceased. Since the respiration and heart can be
6. On application of heat to the skin in a living artificially maintained even after brain death it is
person it produces a true blister with a clear necessary that we must define the criteria which
red line; in dead persons, red line would be will identify with certainty the existence of brain
absent. death.
7. If there is no activity on ECG continuously, The concept of brain death is in consonance
circulation may be supposed to be stopped. with scientific findings and is critical for the
The following are the tests for determining purposes of removal and transplantation of human
the stoppage of respiration: organs. The traditional concept based on cardio-
1. A mirror is held in front of open mouth respiratory failure is scientifically inadequate and
and nostril. If it gets hazy, it means redefinition is essential for scientific purposes, as
respiration is there. This test is more useful well as for purposes of facilitating organ
in cold weather. transplantation.
2. If a feather or cotton fibre is kept in front During the past few decades, brain-related
of the nostrils, there would be movement criteria in defining death have gained increasing
of this if the person is respiring, otherwise scientific support, statutory recognition and judicial
not. This test is not much reliable as approval in many parts of the world. With the
movement may be there due to air current. passage of Transplantation of Human Organs Act,
1994, India has also given statutory sanction to the
Indian Criteria of Brain Death concept of brain stem death. The act defines the
Death has been defined as total and permanent ―deceased person” as a person in whom permanent
cessation of all the vital functions; a state of the disappearance of all evidence of life occurs
irrespective of the immediate cause, whether brain (c) Muscle relaxants (neuromuscular
stem death or cardio-pulmonary arrest any time blocking agent), e.g. succinylcholine.
after live birth has taken place. Brain stem death (d) Primary hypothermia.
has been defined as the stage at which all functions (e) Hypovolaemic shock.
of the brain stem have permanently and irreversibly (f) Metabolic or endocrine disorders.
ceased. The brain stem death has to be certified by
The patient must be examined by a board of
a board of medical experts consisting of the
medical experts twice at an interval of 6 hours and
following:
brain stem death will be declared only after
1. The registered medical practitioner in charge observing the following points:
of the hospital in which brain stem death
1. Coma—the person is comatose and not
has occurred.
responding to any painful stimuli.
2. An independent registered medical
2. Absence of spontaneous breathing.
practitioner being a specialist to be
3. Pupillary size—bilaterally dilated and fixed.
nominated by a registered medical
4. Pupillary light reflex—absent.
practitioner specified in clause (i) from the
5. Corneal reflexes (both sides)—absent.
panel of names approved by appropriate
6. Doll’s eye movement—In a brain dead
authority.
person the eyes will move with the head.
3. A neurologist or a neurosurgeon to be
7. Motor response in any cranial nerve
nominated by the registered medical
distribution; any response to stimulation of
practitioner specified in clause (i) from the
face, limb or trunk; there must not be any
panel of names approved by appropriate
response in brain dead person.
authority.
8. Gag reflex—must be absent.
4. The registered medical practitioner treating
9. Cough (tracheal) reflex—must be absent.
the person whose brain stem death has
10. Caloric test: In a normal individual if cold
occurred.
and warm water is poured in one ear, the
Transplantation of Human Organ Act 1994 was eyes will move towards that ear. If there is
enacted in July 1994 and notification was issued in any abnormality in brain stem the eyes will
the Gazette of India on 4 February 1995. With this not move.
notification the concept of brain stem death has 11. Apnoea test: The patient is given 100 per
became operational. According to the Act there cent oxygen through the respirator for 10
are certain preconditions which must be fulfilled minutes and then 5 per cent carbon dioxide
before certifying brain stem death or brain death. is added to oxygen so that there is a maximal
These are: stimulus for breathing, followed by passive
flow of oxygen at the rate of 6 l/minute
1. The cause of irreversible brain damage
through a fine catheter. This procedure
(whether accident or illness) producing non-
allows pCO2 to rise without hazardous
responsive coma must be clearly established.
hypoxia. Hypercarbia adequately stimulates
2. The following reversible causes of coma
respiratory effort within 30 seconds when
must be excluded.
pCO2 is greater than 60 mmHg. A 10-
(a) Intoxication (alcohol). minute period of apnoea is usually sufficient
(b) Depressant drugs such as barbiturates, to attain this level of hypercarbia. The
benzodiazepines, meprobamate and respirator is disconnected for 10 minutes
methaqualone, etc. and the patient is observed for any sign of
normal early phase of relaxation. This is staphylococci. As a result of these aerobic and
called instantaneous rigor or cadaveric anaerobic microorganisms, the whole body starts
spasm. It is generally limited to a single putrefying very soon and it is finally reduced to
group of muscles rather involving the whole inorganic matter in time. The skeletal remains,
body. This occurs in cases where death has teeth, hair, nail, uterus, prostrate, etc. resist
occurred at the time when the body was in putrefaction the most.
great muscular exertion and mental The colour changes and development of foul
excitement. It is common in situations such smelling gases are the two characteristic features
as that in the battle field, drowning, of putrefaction.
strangulation, suicide, etc. The exact reason
of cadaveric spasm is not known but excess Colour Changes
neuronal discharge into particular group of
muscles before death is cited as one of the The first external evidence of putrefaction is seen
reasons. Medico-legally, cadaveric spasm as greenish discolouration of abdominal skin over
has great values as presence of weapon, hair, right iliac fossa and internally it is seen on caecum,
weeds, pieces of clothes, etc. found grasped under surface of liver and other portions of intestine
in hands may indicate towards the cause of close to caecum. It is due to presence of a large
death. Cadaveric spasm is an ante-mortem number of bacteria in the caecum which start their
phenomenon and cannot be created after activity immediately after death. So, a greenish
death. Weapon held in a hand where patch on the right iliac fossa may be seen within
cadaveric spasm is present can be removed 1–2 hours of death especially in the summer months.
only with great difficulty. In about 2– 4 hours, cornea becomes white and
3. Secondary Relaxation: As the rigor mortis concave. In 12–18 hours, green discoloration
passes by, the muscles become soft and spreads all over the abdomen and genitalia. Later,
flaccid and do not respond to mechanical greenish patches start appearing on chest, neck,
or electrical stimuli. The signs of face, arms and legs. These patches slowly turn to
decomposition start appearing more on the dark blue colour. These patches slowly cover the
body and the body becomes totally relaxed whole body. At the same time, superficial veins
and flaccid and can be put in any position start looking very prominent like purplish red,
or posture. brown or green streaks resembling marble-like
Putrefaction appearance due to colouring matter of red blood
cell set free as a result of decomposition. This
The putrefaction or decomposition or autolysis is phenomenon is called ‘marbling of veins’.
a sure sign of death. It is brought about by release
of enzymes after death of cells. These enzymes Foul Smelling Gases
cause digestive action on cells and thus, bring
autolysis. This autolysis sometimes occurs in sterile As putrefaction has started immediately after death,
condition like dead foetus in a womb, where it is the body starts emitting an unpleasant smell as a
called ‘maceration’. When this autolysis occurs in result of the development of hydrogen sulphide,
the open, the bacteria present in the atmosphere ammonia, carbon dioxide, marsh gas and
also invade the organs and cause putrefaction faster. phosphorated hydrogen due to activity of bacteria
Common bacteria which produce putrefaction are and other microorganisms. In 12–18 hours, the
Clostridium welchii, Bacillus proteus, Bacillus cole abdominal distension is seen as a result of
and a large number of streptococci and accumulation of these gases in abdomen. In 48
Table 7.2 Correlation of the time since death with changes in body
be of white or slight yellowish colour. It has got a body can be identified even late. The injuries
soapy feel and it melts on heating and emits a present on the body can be well appreciated. The
disagreeable smell. Its specific gravity is less, so it presence of adipocere may tell how the body has
floatsonwater.Itconsistsoffattyacidslikepalmitic, been disposed off. Time of formation of adipocere
oleic, stearic or hydroxy stearic acid. These are is quite variable and it depends on the atmospheric
formed as a result of post-mortem hydrolysis and condition and may range from a few weeks to
hydrogenation of body fats. The adipocere process months. It is not necessary that adipocere is to be
is initiated by bacteria Clostridium welchii in seen all over the body. In majority of cases, only a
presence of water and bacterial enzyme, and it part of the body is involved.
hydrogenates the body fats into fatty acids.
The adipocere is seen in hot and humid weather Mummification
and is reported in bodies submerged in water, canals,
marshy areas, etc. It starts in subcutaneous fat and It is desiccation or drying of the dead body where
spreads to skin, muscles and organs. It starts early the soft tissues present on the body shrivel up. In
in body areas where fat is more, e.g. female breasts, this condition body retains its natural shape and
cheeks, buttocks, etc. It may cover all the areas of appearance. The skin becomes dry, leathery and is
the body. The adipocere has great medico-legal adherent to bones, and is dark brown in colour.
importance.Asthefacialfeaturesarewellpreserved, The facial features are preserved. The body smells
of old cheese. The internal organs also dry up and should consider cooling of the body, post-mortem
may blend with each other. Mummification occurs staining, rigor mortis and decomposition. Besides
in dry and hot areas like the desert, or in shallow these, examining the contents of the stomach,
graves. The time of formation of mummification intestine and bladders can give some useful points
varies according to atmospheric conditions and may (Table 7.2).
vary from 3 months to one year. The The rate of emptying of stomach and
mummification has great medicolegal significance identification of food items in the stomach can give
as identification of a dead body is possible even some idea about the time of death. The stomach
after years. Even the expression at the time of death emptying time depends on many factors like
can also be appreciated. The injuries present on consistency of food, as carbohydrate leave stomach
the dead body can be appreciated too. The chronic early, proteins late and fats in the last. The stomach
arsenic and antimony poisoning facilitate emptying time is between 2–6 hours. The food
mummification in hot and dry condition. items like dal or rice can be identified till 4 hours
Some cases have been reported in which of eating them.
adipocere and mummification has been seen on the The presence of urine in bladder may give
same body. some idea about time since death. The normal urine
content is about 1.5 litres/day, 50 per cent of which
TIME SINCE DEATH occurs during sleep. It is a normal habit of most of
the people that they empty their bladder before
A doctor should be able to give time since death going to sleep, so a large full bladder may indicate
after conducting post-mortem examination. He that the person has been killed in the morning.
&
Post-mortem Artefacts
be inspected for strength whether it can sustain the hanging. Transverse tears on intima of
weight of the body or not. The ligature should be carotid arteries may also be seen.
inspected microscopically for tissues present on it The point of suspension in most of the cases
from the neck of the person who has hanged himself may not be very high. It has been reported that
(Fig. 9.1). people have committed suicide in sitting, kneeling
or lying positions. Various studies have pointed that
Symptoms of Hanging 3–5 kg of tension can occlude jugular veins and
carotid arteries, while about 16–30 kg of tension is
Initial symptoms are loss of power and sensation
required to obstruct vertebral arteries. Trachea is
like flashes of light, noise in ears followed by
obstructed by a tension of about 15 kg.
unconsciousness. In judicial hanging, convulsions The death is instant in judicial hanging, while in
may be seen. Since the onset of unconsciousness
ordinary hanging 3–5 minutes are sufficient to cause
is very fast, hanging may be considered as a stoppageofrespirationalthoughheartmaycontinueto
painless mode of death. Due to fast onset of beatupto10–15minutes.Ifairpassagesarenotblocked
unconsciousness, it may not be possible to save completely, death may occur in 10–15 minutes.
oneself in accidental or suicidal hanging.
The heart continues to beat for 10–15 minutes Management of Hanging Case
after the respiration stops.
The first step in management of hanging cases is
Cause of Death to remove ligature immediately, preferably by
The following are noted as causes of death due to cutting or removing it. Artificial respiration should
be given immediately and the person should be
hanging:
shifted to hospital at the earliest where he should
1. Asphyxia: This is quite a common cause be given artificial oxygen and managed
of death in hanging as ligature blocks the conservatively. The person who survives may have
respiratory passage making air entry hemiplegia, convulsion, loss of memory, or some
impossible. brain damage.
2. Venous Congestion: Since the venous Post-mortem Changes
supply of the brain is occluded due to
constriction of jugular veins, there is The following features should be noticed during
congestion in the brain and it stops cerebral post-mortem examination:
circulation due to anoxia. 1. External Examination: The ligature may
3. CombinedAsphyxia andVenous Conges- be seen in the neck. It should be removed
tion: It is the commonest cause of death in carefully by cutting, preserving the knot and
hanging. both cut ends should be tied with a thread.
4. Cerebral Ischemia: Due to the pressure of It should be inspected and its dimensions
ligature on large arteries of the neck, the should be noted. It should be sealed and then
blood supply of the brain is affected handed over to the police.
resulting in cerebral ischemia. The ligature mark is usually situated above the
5. Fracture or Dislocation of Cervical thyroid cartilage and is found to be going obliquely
Vertebrae: This usually occurs in judicial upwards following the line of mandible and may
hanging due to sudden drop of about be interrupted due to presence of knot. In some
2 metres. As a result, spinal cord laceration cases, ligature mark may be present at thyroid
may be seen causing instant death. Second cartilage level or below.
and third vertebrae are commonly affected. The character of the mark varies according to
Pharynx may be found injured in judicial thenatureoftheligatureused.Thepatternofligature
may be present on the neck skin. The ligature mark for the best results. A dry, white and
is like a groove, its base is pale, hard, leathery and glistening subcutaneous tissue is seen
parchment-like. The ligature mark is the deepest at underneath the ligature mark. This is typical
the knot. The colour of the ligature mark is reddish in death from hanging. The carotid arteries
brown if the body has been suspended for a long may be found lacerated. The muscles of
time. Sometimes in a fat person, a pseudo mark neck may be found ruptured especially in
may be seen due to presence of skin folds of the cases where great force has been used in
neck. In these cases no characteristic marks like hanging. The fracture of cervical vertebrae
parchmentisation would be seen. along with rupture of spinal cord may be
The neck is found elongated and stretched. seen in judicial hanging. Usually, thyroid
Petechial haemorrhages may be seen on face, neck
and cricoid cartilages escape fracture. They
and under the conjunctiva. The tongue may be seen
may be found fractured if somehow ligature
protruded in some cases. Dribbling of saliva may passes on the neck—may be in atypical
be seen from the angle of mandible. This is
hanging. Fracture of hyoid bone may be
considered as the surest sign of ante-mortem
seen in some cases. The epiglottis and
hanging as this is a vital phenomenon and cannot
be produced after death, although in a dark skinned mucousmembraneofmouthmayberuptured.
person, this sign may be difficult to detect. The lungs may be congested, oedematous and
Turgescence may be observed in genital exude blood mixed serum. The right side of the
organs. Semen may be found at the urethral heart is filled with dark fluid and, due to
opening. Due to relaxation of sphincters, urine and haemorrhages the left side is empty. The abdominal
faeces may be seen in clothes. If the body has been organs are congested. The brain may show
suspendedforalongtime,post-mortemstainingmay congestion. Petechial haemorrhages may be seen
be seen in the arms and legs (lower part; Table 9.1). in lungs, heart and abdominal organs.
2. Internal Examination: A curved incision Medico-legal Importance
from behind the right mastoid process to the
left, extending down up to sternum is useful The questions normally asked of a doctor in a
for careful dissection of neck layer-by-layer hanging case are:
1. Whether a person has died of hanging or in time and may die. In all such cases, examination
not? of scene of crime is very useful.
2. Whether hanging is accidental, suicidal, or
homicidal? Sometimes, a person may be Strangulation
killed by other methods like strangulation,
fire-arm or stabbing. This body may be put Strangulationisaviolentformofdeathwhichoccurs
in hanging position so as to create an from constriction of the neck by means of ligature
or by other means without suspending the body:
impression that the person had hanged
himself. In such cases doctor should 1. Throttling: It is defined when constriction
carefully examine the dead body and look of neck is produced by fingers or palms.
for other causes of death. Careful dissection 2. Mugging: When constriction of neck is
of neck would reveal that the person had done by a foot, knee, or bend of elbow it is
died of hanging or strangulation. called mugging.
3. Bans-dola: It was practised earlier in North
Hanging is mostly suicidal in nature. No age India where one strong bamboo is put in
bar is there for suicide. Males commit more suicide front of neck and one on the back. These
as compared to females. Major reasons for are tied by rope. The constriction is caused
committing suicide in males are unemployment, by squeezing. Sometimes, squeezing is done
family tensions, drinking, etc. The major reasons by foot pressure on bamboos.
for females committing suicide are family 4. Garroting: It was earlier used by thugs
maladjustment, failure in exams, failure in love life, while committing robberies. In this a rope
dowry, etc. or handkerchief is suddenly thrown from
Homicidal hanging is very rare. It is possible behind around victim’s neck and pressure
that one person is overpowered by a group of is suddenly applied. Since unconsciousness
persons and forcibly hanged. In such cases, injuries develops suddenly, the victim is unable to
may be seen on the victim who tries to defend fight back and dies silently.
himself. Lynching is a form of homicidal hanging
In strangulation, if the air passages are
which was quite prevalent in old times where a mob
occluded completely by ligature, the person is
used to hang a condemned person by a tree.
unable to shout and becomes unconscious
Accidental hanging is common among children
immediately. If closure is partial, face may be seen
who may accidentally die because of slippage of cyanosed, hands may be clenched and convulsions
stripes of school bag on the neck. may be seen. The cause of death in strangulation is
Auto-erotic hanging or sexual asphyxia is a asphyxia due to anoxic anoxia.
form of accidental hanging. It has been reported Post-mortem Findings
that by producing asphyxia with a ligature on neck,
sexual stimulation is enhanced in a sexually charged These are as follows:
atmosphere. The victims are mostly males. Some 1. External Findings: Ligature may be seen
soft material like handkerchief or wire may be used on the neck. It should be photographed in
by the victim and its pressure is increased by hands situ. After removal, it should be preserved
or remotely by legs. The victim is usually found and handed over. The ligature mark in most
naked with pornographic material around him. If of the strangulation cases is usually found
he has taken alcohol, asphyxia is rapidly produced. belowthethyroidcartilageencirclingtheentire
Sometimes, he may not be able to remove pressure neck, horizontally placed. Multiple ligatures
may also be seen. The ligature mark may cartilages is common. Although rarely,
look like a groove, the base may be pale fracture of cervical vertebrae may also be
with reddish margin.The pattern of ligature seen. The trachea and larynx are congested
may be seen.Abrasions and contusions may and frothy mucus may be seen. The rings
be seen around the ligature mark. In cases of trachea may also be fractured. The lungs
of throttling, the marks of thumb and fingers may be oedematous showing dark fluid on
may be seen around trachea. These small section. Emphysematous bullae may be seen
bruises are disc-shaped, 1–2 cm in diameter on the surface. The right side of the heart is
and red initially and may look brown later. full and the left empty. The abdominal
Sometimes, clustering of these bruises may organs are congested. The brain is also
be seen. Small linear or crescentic marks congested and may show petechial
may be seen on the neck due to pressure of haemorrhages.
finger nails, which are quite characteristic
of throttling. Struggle marks may also be
Medico-legal Importance
present on the body such as abrasion or The doctor is often asked to opine:
bruises on face, nose, mouth, back of the 1. Whether cause of death is strangulation or
body, etc. There may be other injuries on not (Table 9.2).
the body like fracture, stab, etc. The face 2. Whether the strangulation is suicidal,
may be puffy and cyanosed. The eyes are homicidal or accidental.
usually prominent. The conjunctivae are A complete post-mortem examination is
severely congested. The petechial essential to certify that death has been caused by
haemorrhages may be seen on the face. The strangulation. Natural folds in the neck may
lips may be blue. sometimes create confusion. Suicidal strangulation
Bloody discharge may be seen from is very rare, although it is reported in lunatics. It is
mouth and nostrils. The tongue may be not possible for an individual to strangulate himself
swollen, bitten or bruised. The genital as once unconsciousness supervenes, the ligature
organs are congested. There may be pressure decreases.
discharge of urine, faeces or seminal fluid. Homicidal strangulation is the commonest.
2. Internal Findings: The dissection of the Accidental strangulation may occur in factories
neck should be done in bloodless field as where accidentally a worker may be caught in
blood discharged from neck vessels may moving belts. The children may also be strangled
give erroneous results. To achieve this, the accidentally while playing.
dissection of neck should be done after
removal of brain, lungs and heart so that Suffocation
blood may be drained from neck vessels.
The dissection of the neck should be done Suffocation is a form of death which results from
the exclusion of air from the lungs by means other
layer-by-layer as in case of hanging.
than compression of neck.
Extravasation of blood into the
subcutaneous tissues under the ligature mark Causes
is seen. Underlying neck muscles are
usually lacerated. Laceration of sheath of The following are causes of suffocation:
carotid arteries may be seen. The fracture 1. Smothering: It is defined as closure
of the cornua of hyoid bone is commonly of mouth and nostrils. It is quite a common
seen. Fracture of thyroid and cricoid way to kill children as they offer less
Hanging Strangulation
1. Face pale looking, petechial haemorrhages Face congested, livid, petechial haemorrhages
less common. common.
2. Saliva dribbling down the chin seen. No such dribbling.
3. Neck elongated. No.
4. External signs of asphyxia not prominent. Very prominent.
5. Bleeding from nose, mouth and ears very rare. Quite common.
6. Ligature mark obliquely placed, dry, parchment Ligature mark horizontal, round the neck, low
like, going upward, highly placed in neck. in neck, base of groove soft and reddish.
7. Abrasion and contusion around edges of Quite common.
ligature mark absent.
8. Subcutaneous tissues under ligature are white, Subcutaneous tissues under ligature are
hard and dry. suffused with blood.
9. Injury to muscles around ligature mark rare. Quite common.
10. Rupture of carotid arteries very rare. Common.
11. Fracture of larynx and trachea rare. Common. Hyoid bone also fractured
commonly.
12. Fracture dislocation of cervical vertebrae Fracture—dislocation of cervical vertebral rare
only seen in judicial hanging. but can be seen.
13. Injuries on other parts usually absent. Injury on other parts due to struggle may be
seen.
14. Sexual assault not seen. Evidence of sexual assault may be seen
sometimes.
15. Emphysematous bullae seen on lung surface. May be present.
16. Usually suicidal. Mostly homicidal.
food or fish bone may be present in The detailed post-mortem examination is essential
respiratory passages indicating that a person to establish whether suffocation is the cause of
has died of asphyxia rather than coronary death or not. Suicidal suffocation is very rare but
heart disease. The persons who are drunk reported in lunatics. Accidental suffocation may
are more liable to develop café coronary, as occur in children when they swallow a small foreign
cough reflex is less due to alcohol.The cause body like a coin while playing. Accidental
of death in all suffocation cases is asphyxia. suffocation may occur if a person is trapped in a
Death occurs in about 5–6 minutes. building fire or falls in sewer. The firemen or sewer
workers may die while doing their duty due to
Post-mortem Findings
suffocation. Homicidal suffocation is quite
These involve external and internal examination: common. The foreign body like cloth may be
inserted forcibly in mouth.The pillow is commonly
1. External: In homicidal smothering, effects
used to kill children, old people or women.
produced by forcible closure of mouth and
nostrils may be seen in forms of abrasions The methods adopted are:
or contusions around mouth and nostrils. (a) Burking: Burking is a method adopted by
Laceration of lip, broken tooth may be seen. Burke and Hare to kill their victims. They
The fracture of nose septum may be seen, used to throw their victim down on the
along with flattening. Due to struggle, ground and kneeling on chest used to close
abrasions or contusions may be seen on mouth and nostrils with one hand, and
cheeks, lower jaw, chest, etc. In traumatic firmly holding both jaws together to block
asphyxia, fractures of ribs may be seen. The air passages. They used to kill persons to
face may be suffused. The eyeballs are supply dead bodies to medical colleges for
prominent and conjunctivae congested.
dissection.
Petechial haemorrhages may be seen. The
(b) Bans-dola: In this, the victim’s chest is
tongue may be protruded.
compressed between two wooden planks by
2. Internal: The foreign body like cloth, mud,
the assailants. Fracture of ribs and even
coin, etc. may be found in mouth, throat or
laceration of lungs may be seen.
trachea. The air passages are congested. The
lungs are congested and oedematous. Soot Drowning
particles may be seen up to bronchioles, if
a person has died of suffocation in a building It is defined as a form of death which occurs when
fire. The Tardieu’s spots may be present on atmospheric air is prevented from entering lungs
lungs, heart, or other visceral organs. The due to submersion of body in water or other fluids.
right side of the heart is full while the left To die from drowning, it is not essential that there
empty. The brain is congested. The should be a complete submersion. Even if only face
abdominal organs are congested. is submerged, death can occur.
Medico-legal Importance Types of Drowning
The doctor is called upon to depose: The various types of drowning are as follows:
1. Whether cause of death is suffocation or not. 1. Wet Drowning: It may be in fresh water or
2. Whether suffocation is accidental, suicidal sea water. The post-mortem findings are
or homicidal. different in both cases.
Presence of foreign body or circumstantial 2. Dry Drowning: Sometimes, as water enters
evidence point to suffocation in most of the cases. the air passages, it induces laryngeal spasm
which leads to complete closure of air entry haemolysis of red blood cells.As a result of which
into lungs. As a result of this, water does potassium concentration goes up in blood and
not reach lungs. The characteristic features sodium concentration relatively falls due to
of drowning are absent. haemodilution. Increased potassium causes
3. Secondary Drowning: It is when death ventricular fibrillation leading to fall in blood
occurs after sometimes when a person is pressure.
rescued from being drowned. Death may In salt water which is hypertonic, when the
occur due to aspiration, pneumonia or water enters into the alveolar spaces, it draws more
electrolyte imbalance. fluid leading to pulmonary oedema. It causes
4. Immersion Syndrome (Cold water haemoconcentration and hypovolaemia. There is
drowning): Sometimes when a person is no haemolysis and no ventricular fibrillation. Death
dropped into cold water, skin receptors are occurs in more time (8–9 minutes) as compared to
activated immediately. Consequently, fresh water (5–6 minutes).
sudden dyspnoea and sometimes vagal
inhibition occurs.As a result of which heart
Symptoms of Drowning
stops immediately. When a person dies of drowning he encounters
The person dies suddenly and classical picture same types of feelings as that of hanging. There
of drowning does not appear. However, in some may be hallucinations and recall imagery before
cases, sudden ventricular fibrillation has also been onset of unconsciousness.
reported.
Cause of Death
Mechanism of Drowning
In drowning, death occurs due to following reasons:
When a person jumps into water or is thrown into
it, he sinks to the depth in proportion to the 1. Asphyxia: It is the commonest cause of
momentum of his fall, but as a result of buoyancy death in majority of the cases.
and struggling movements,he comes to the surface. 2. Vagal Inhibition: It may be seen in some
If he is not a swimmer, he cries for help and cases in cold water drowning.
struggles to keep mouth above water level. But 3. Concussion: It may occur if a person’s head
since the body is heavy, he starts going downwards. strikes against some hard object inside water.
During this process, water enters into his respiratory If a person falls flat, even the impact of water
passage and induces coughing. The water enters may be there on chest to cause concussion.
the lungs and replaces air. As a result, the body 4. Syncope: It may occur in epileptics
becomes heavier and goes down further. Due to suddenly falling into water.
movements of hands and feet, he may rise further 5. Cerebral Haemorrhage: It may occur in a
and take more water into lungs.This alternate rising hypertensive person or whose cerebral
and sinking continues till he becomes unconscious, vessels are diseased.
or all the air in the lungs is replaced by water. Due 6. Exhaustion: The person may die from
to unconsciousness that has set in and weight of exhaustion in order to keep himself above
the body, he sinks deep to die. the water.
In fresh water drowning, water being hypotonic 7. Injuries: The person may die because of
is absorbed into the lungs immediately and enters injuries sustained while in water, like head
pulmonary circulation. As a result there is injuryifstruckagainsthardsurface.Fracture,
haemodilution, increase in blood volume and the dislocationofcervicalvertebraemaybethere
concentration of sodium/potassium falls. There is if a person falls into water from a height.
The external and internal post-mortem findings are 2. Internal: The chest findings are quite
typical in drowning.The lungs are distended
as follows:
like balloons. They overlap heart and may
1. External: The clothes may be wet if protrude out of chest wall when it is opened.
examined early. The face is usually pale, Lungs may be indented with rib marks.They
eyes are open or closed, the conjunctivae are heavy, doughy to feel, grossly
are congested and pupils are dilated. oedematous and may pit on finger pressure.
The tongue may be swollen and Large patches of haemorrhages commonly
protruded. A fine, white, lathery tenacious called Paltauf’s haemorrhages may be
froth is seen at the mouth and nostrils. It seen subpleurally. They occur due to
increases on compression of chest. It is increased pressure causing rupture of
regarded as a diagnostic sign of drowning. alveolar walls. Usually, they are present on
Sometimes, grass or weeds or leaves may anterior surface and margins of lungs.
be seen clasped in the hands of deceased Petechial haemorrhages, which are small
due to cadaveric spasm. may be seen on lungs, but they are quite
The special external findings sometimes uncommon in drowning. On section, frothy
observed in cases of drowning are as fluid mixed with blood may exude from the
follows: cut section. Fine froth may be seen in
trachea and bronchial passages.The left side
(a) Cutis anserina (Goose skin): The of the heart is usually empty and the right
granular and puckered appearance of side full. The brain is congested. A large
skin may be seen on front surface of quantity of water along with small weeds
body especially on limbs in winter may be seen in stomach and small intestine.
season due to contraction of the This is a very important sign as it can only
involuntary muscle (erector pilae) of the be produced in ante-mortem drowning
skin. The contraction elevates the hair (Table 9.3). The internal organs are
follicle and makes hair stand. This congested.
phenomenon is not diagnostic of ante- Gettler‟s Test: This is a laboratory test done
mortem drowning. It may be seen in where difference in concentration of
nervous shock, violent accidental deaths chlorides,magnesium (sea water drowning),
or may develop after death as a result of specific gravity of blood of two chambers
rigor mortis of erector pilorum muscles. of heart is compared to diagnose drowning.
(b) Washerwoman’s hand: The skin of In fresh water drowning, the concentration
hands and feet may show a bleached, of chlorides in blood of right side of heart
corrugated and sodden appearance due would be less as compared to left, while in
to prolonged stay of the body in water sea water drowning,the concentration of mag-
(10–12 hours). It is called washer nesium would be more in right side of heart.
DiatomTest:Diatomsareaclassofunicellular
algae varying in size from 2 micron to a
millimetre, found in fresh water and sea water.
There are about 15,000 types of diatoms.
They are varying in shape. They have
a siliceous, very hard covering and they can
pass alveolar walls and hence can reach to
any part of body via circulation. Finding of
diatoms on microscopic examination from
brain, lung, liver, bone marrow can suggest
that the person has died of drowning. The
types of diatoms recovered from the body
can be matched with diatoms present in
water for more logical conclusion of
drowning. The diatoms are isolated by Acid
Digestion Technique. The concentrated
sulphuric acid is used for digestion of tissue,
after which it is centrifuged and examined
for diatoms.The test site to examine diatoms
is bone marrow from long bones like femur,
humerus, tibia or sternum. Brain tissue and
lung tissue are also good sites for looking
for diatoms (Fig. 9.2).
Medico-legal Importance
Fig. 9.2 Various types of diatoms. The doctor is often asked:
(a) Whether death is caused by drowning. (iv) The presence of water, mud, weeds in
(b) Whether the drowning is accidental, suicidal stomach and small intestine.
or homicidal.
Whether drowning is suicidal,accidental,
(c) Duration of the body in water.
or homicidal: Mostly, drowning is
Whether death is caused by drowning: A accidental but suicidal drowning is also very
careful post-mortem examination should common. Females constitute a high number
rule out fowl play in most of the cases. The who commit suicide by jumping into village
doctor should look for any injuries on the wells.
body which may show application of force Homicidal drowning is rare except in
on the body. The following points go in cases of infants or small children who can
favour of death due to drowning: be thrown into water.
(i) The presence of profuse fine, lathery Duration of body being in water: As the
froth which increases on pressure on body is heavy, it starts sinking into the water
chest. and does not come out till putrefactive
(ii) Cadaveric spasm in hands holding some change starts and presence of a large amount
weeds. of gas makes it float. In warm water, the
(iii) The typical chest picture of drowning putrefaction is faster so floatation is early
seen in lungs when opened on dissection. reported as compared to cold water.
-
Death from Starvation, Cold and
Heat
The person who is suffering from starvation life. Feeding should be suggested to a person who
should be treated carefully. The food should not be is under willful starvation, when ketone bodies
rushed orally as intestines have gone weak. Initially, appear in urine. He should be explained the
fresh juice may be given and later solid food may impending danger. Homicidal starvation can be
be introduced slowly. Intravenous drip of glucose seen in small children or old persons who can be
should be started immediately and monitored well. starved to death by confining them in their houses.
The person should be kept in warm temperature
and electrolyte imbalance should be corrected at
COLD
the earliest.
These include external as well as internal features: When a person is exposed to cold it induces extreme
1. External: The body appears grossly vasoconstriction, a protective mechanism for
emaciated, skin is dry and shrivelled. Eye- maintaining correct body temperature. It conserves
balls are dry and sunken.The body may emit body heat by reducing blood supply to exposed
a bad smell. The muscles are soft and areas. But if exposure to cold is high, it leads to ice
wasted. The fat is almost absent from crystal formation intra- or extracellularly, which
various parts of the body like abdomen, causes immense damage to cells. Severe cold also
breasts, hips, etc. causes injury to small blood vessels with formation
2. Internal: The internal organs appear of agglutinative thrombi in them. But if the person
contracted. Fat in subcutaneous tissue may who is exposed to cold is suddenly exposed to heat,
be absent. There may be ulcers in the he will face overheating metabolically and he can
stomach and small intestines due to stress suffer damage.
of starvation on the body. The intestines are Fatty tissues and myelinated nerve fibres face
empty and contracted. The normal organs direct effect of exposure to cold. Vascular damage
may be pale. The brain appears normal. leading to ischaemia is also seen.
Medico-legal Importance Frostbites
The acute starvation is usually accidental, like in
When the body is exposed to freezing temperature
natural calamities, e.g. in earthquake, building
collapse where people may be trapped. (–8°C to –10°C), erythematous patches appear on
Starvation may be rarely suicidal except in skin which are caused by impaired local circulation,
some persons who under the influence of insanity injury and shock.The frostbites are both, superficial
may starve to death. Willful starvation to achieve and deep. Superficial frost bites involving skin and
political or religious goals is quite common. In these subcutaneous tissues have soft blisters in 24–36
situations, the medical officer is often confronted hours. These blisters become black and hard in 2
with a dilemma whether forceful feeding should days. Deep frostbites are quite serious as they
be started on direction of civil authorities or not. involve deep tissues up to bone. Blisters appear later
Since in such cases, the person remains conscious in 3–7 days. There may be marked sloughing of
till the end, it may be ethically wrong to feed tissues. Exposed parts of the body like nose, eyes,
someone forcefully against his/her wishes, and is ears, fingers and toes are usually affected due to
also unlawful. But if the person becomes cold. If a person has been in cold water for a long
unconscious, feeding can be done to save his/her time, it produces a phenomenon called ‘immersion
foot‘or ‘trench foot’. This may be seen in survivors who may die when exposed to cold while sleeping
of shipwreck. The frostbite phenomenon is a vital on streets. Small infants can be exposed to cold if
reaction and hence cannot be produced after death. thrown over streets with an intention to kill them.
In general, moderate cold is good for health. It
recharges the body and improves metabolism. But HEAT
if the body is not properly clothed and is exposed
to severe cold, it causes stiffening of muscles.
Hypothermia sets in and the person dies. The death Effects of Heat
occurs due to less supply of oxygen to tissues and
brain tissue as haemoglobin is unable to part with The heat on the body causes sweat and peripheral
oxygen due to low temperature. The using capacity vasodilatation. The effects of heat on body are
of tissues is also reduced. The person may develop classified as following types:
ventricular fibrillation. 1. Heat Exhaustion: The sweating induced by
heat causes dehydration and electrolyte loss.
Treatment The person feels giddy, may have headache,
malaise and may fall down. He may feel
Immediately the person should be shifted away very thirsty, along with cramps in legs. He
from the cold. His clothings should be removed may have oliguria. He may collapse later.
and new warm clothes should be given. The person In some cases, the person may collapse
should be warmed by hot water bottles or warm suddenly without symptoms and die.
water. Some soft rubbing with hands may be done.
2. Heat Syncope: In this, the person collapses
Direct heating of the person should not be done.
as a result of hypotension induced by heat.
Blisters should be handed properly. The person
should be treated conservatively. 3. Heat Fatigue: The performance of a person
may start decreasing due to exposure to heat.
Post-mortem Findings He may feel fatigued and less motivated for
work.
It includes external and internal features: 4. Heatstroke: It is also called ‘heat
1. External: Frostbites are characteristically hyperpyrexia‘or‘sun stroke’. It may be seen
seen as pale, irregularly margined, dusky red in workers who have been working in the
patches on exposed parts. Rigor mortis is sun in high temperature for a long time. In
delayed. The body may be quite cold. such cases, symptoms appear suddenly and
2. Internal: The internal findings are not the person may collapse suddenly. In such
specific. The organs are found to be cases, sweating is absent and body may
congested. The blood may appear bright red
show higher temperature (hyperpyrexia).
owing to non-dissociation of oxygen from
Pupils may be dilated and face may be
haemoglobin. Sometimes, ice crystals may
flushed. In some persons, symptoms appear
be seen microscopically in capillaries. Stress
to start slowly. Initially there may be profuse
ulcers may be seen in stomach and intestine.
sweating, extreme thirst, confusion,
Medico-legal Importance headache, hypotension and pupils may be
dilated. Slowly, sweating stops and
The death due to cold is usually accidental. It may temperature of body starts rising and the
be seen in small children, old beggars and drunkards person becomes unconscious.
5. Heat Cramps: In workers who are working should be started intravenously to correct fluid
in the sun or heated atmosphere, cramps imbalance.
start occurring in legs as a result of sweating
causing loss of electrolytes, especially Post-mortem Findings
sodium. Cramps may occur in hand or
Rigor mortis starts early and passes off early.
fingers.
Sweating may be absent. The body is dry and may
show higher temperature initially. Petechial
Treatment haemorrhages may be seen. Internal organs are
found to be congested.
The person should be immediately removed from
the heat. He may be given water to drink. Medico-legal Importance
Electrolyte balance should be corrected by giving
salted water. In order to cool the body, Most deaths occurring due to heat are accidental,
hydrotherapy should be started immediately. Fluids as in construction workers or industrial workers.
(c) Deep burns: Fifth and sixth degree burns cases have been reported where persons
are called ‘deep burns’. have survived even after 80–90 per cent
of superficial or 70 per cent deep burns.
Effects of burns 4. Site: Burns on trunk especially over
The following conditions affect the nature abdomen are quite severe as compared
of burns: to limbs. Burns of genital area carry high
fatality.
1. Intensity of heat: If the intensity of heat 5. Age: Children are very often involved
applied is high, more burn results. in burn but can stand them better. Old
2. Duration: If exposure is for greater people are more prone to death as
duration, the burns would be more compared to adults.
severe. 6. Sex: Men tolerate burns better than
3. Extent of area involved: To estimate Women.
the body area of burns, the ‘rule of nine‟
is applied, which is given in Table 11.2. Causes of Death Due to Burns
About 60–80 per cent of superficial
The causes of death in cases of burns are classified
burns are fatal while about 40 per cent
into:
of deep burns can be fatal, although
1. Immediate causes
Table 11.2 ‗Rule of nine‘ to estimate percentage of body 2. Late causes.
area involved in burns
Immediate Causes
Area Percentage
1. Shock: Severe pain and sudden loss of fluid
1. Head and neck 9 causes hypovolaemic shock leading to
2. Right upper limb 9 death. Usually death occurs within 24 hours.
3. Left upper limb 9
4. Right lower limb 18
Over 50 per cent of fluid loss is fatal if not
5. Left lower limb 18 corrected immediately. If the burns are about
6. Anterior trunk 18 100 per cent, death may occur within 4–6
7. Posterior trunk 18 hours. Sometimes, death may be reported
8. Genitalia 1 due to fright or severe pain leading to
Total 100
vasovagal shock (Fig. 11.1).
after death have hard, dry and horny base. Homicidal burns are also common in women.
These blisters mostly have air and very less Where mother-in-law along with other relatives
quantity of fluid. They may have a trace of including husband torch the young bride. Many
albuminand chloride, while there is no white such homicidal burns are reported due to unfulfilled
cell. dowry demands.
3. Reparative Process: Signs of recovery like
formation of granulation tissue, slough and LIGHTNING
pus formation indicate that the burns were
caused during life. Various enzyme studies
Lightning is a natural phenomenon which may
can also be done which may show enzyme
occur between clouds, and clouds and ground. The
changes, which are absent in post-mortem
lightning stroke is a great discharge of current
burns.
ranging from 10,000 to 2,00,000 amperes occurring
The following time-related changes in burns
in a fraction of a second with a potential of up to
are appreciated:
20 million volts. Lightning always follows the path
1. Redness occur immediately after heat of least resistance. So the branching of current
application. waves can be seen. In lightning, a great amount of
2. Blisters form within 1 hour.
heat is also liberated. According to Spencer,
3. The crust formation due to dryness of the
following are the four factors in a lightning flash
skin involved starts in 12–24 hours and is
which affect human body and its surroundings:
completed in 72 hours.
4. Pus formation starts after 36 hours; may be 1. The direct effect of high voltage current
seen in 3 or 4 days. 2. Burning by superheated air
5. Blisters open up, superficial sloughs may 3. Effect of expanded and repelled air
separate out in 5 or 6 days. The deep slough 4. Sledge-hammer and blow dealt by
takes longer, i.e. about 15 days. compressed air pushed before the current.
6. Deformity or complete recovery may be
seen in weeks. Effects of Lightning
Deciding Whether Burns are Suicidal, Homicidal In fatal cases where lightning strikes a person, he
or Accidental may become unconscious immediately due to
sledge hammer blow of compressed air. He may
Accidental burns are quite common in women and
receive burns, and passage of electricity causes
children.Women may sustain burns while working
in kitchen. Children may unknowingly touch hot immediate failure of nervous system or heart and
liquids or solids. the person may die immediately. In non-fatal cases,
Suicidal burns are rare in men but common in he may have burn injuries and may complain of
women. Due to the prevalent dowry tradition, there giddiness and tinnitus.
may be harassment of brides in their in laws’house.
Many cases have been reported where brides have Medico-legal Significance
committed suicide by pouring kerosene oil on
themselves and later igniting it. In such cases, Sudden death due to burns may raise suspicion
severe burns may be seen on head, chest and regarding death. But scene of crime visit pays much
abdomen. Legs and feet are spared. Presence of a dividend. Presence of metallic substance getting
large amount of soot particles in respiratory passage magnetised and associated history of rain with
may be seen. lightning may solve the riddle.
Deaths due to electricity are quite common in rainy Low voltage currents up to 220 volts cause death
season.The deleterious effects of electricity depend by ventricular fibrillation while midvoltage currents
on following factors: up to 1000 volts cause ventricular fibrillation and
respiratory centres failure. High voltage current
1. The Nature of Current: High voltage
above 1000 volts causes direct respiratory centres
currents are very dangerous to life. Even low
failure. Delayed death may occur due to infection,
voltage currents of high amperes are
paralysis, etc.
dangerous. Alternating currents are more
dangerous than direct currents as they Symptoms
produce contraction of muscles by which a
person is not able to release the grip on the In non-fatal cases, tingling, shocks and severe
wire through which the current is flowing. muscular contraction or spasm are features when a
The domestic supply is 210–220 volts person first touches an electric source. Burns may
alternating current. The current up to 50 be found at the point of entrance of electricity or
volts does not produce deleterious effects. point of exit. These burns are caused as these points
Various cases have been reported where offer maximum resistance. Skin may also split due
people have survived very high voltage to burns. The pallor on face, dilated pupils and
current also. confusion may be seen on the person. Sometimes,
Judicial electrocution or electric chair: cataract may be seen. Headache and loss of memory
This form of execution is quite common in may be seen in later stages.
Europe, and America and other countries.
In this, the person is made to sit on an iron Treatment
chair with shaven head and is strapped. A
high voltage current, about 1800 volts, is The person should be removed immediately from
passed through his head twice for about 60 the point of electrocution by adopting safety
seconds. One electrode is kept on his shaven techniques like wearing of gloves, etc. He should
head and one on leg. be resuscitated immediately as he may be having
2. Resistance of Body: The deleterious effects ventricular fibrillation. Supportive measures like
of electricity also depend upon the amount oxygen, etc. should be started. The person should
of resistance offered by the body. The be carefully followed up.
human body is a bad conductor of
electricity, but if wet, resistance is decrea- Post-mortem Findings
sed. If a person is wearing wet clothes or
carrying a metallic article touching the 1. Joule Burn or Endogenous Burns: These
ground or where he is not wearing shoes, are characteristic electric marks found on
the body offers less resistance and the the skin. They are round with a shallow
person may die easily with less current. crater surrounded by a slightly raised ridge
3. Duration: Greater the duration of current, of skin with a grey ashy base. Clouding of
more the damage. Even low voltage current cornea, cataract, retinal haemorrhages,
for a long duration can cause spasm of memory loss, convulsions, paralysis,
muscles and the person may not be able to deafness, dumbness, headache, etc. may be
release himself and die. seen in many cases.
Bruises or Contusions
like abdomen, ecchymosis is less appreciated. If a fortnight, skin gains its normal appearance (Table
underlying tissues are loose like those in scalp, 12.1). The colour changes are well appreciated in
ecchymosis may be seen at distal places. In children, fair persons as compared to dark persons. In healthy
bruises are easily produced due to delicate skin. In persons, age changes are faster as compared to sick
women and old persons the bruises are easily persons. Ecchymosis situated in deeper tissues do
produceable as compared toyoung men. In bleeding not show changes in superficial skin.
disorders like purpura, scurvy, haemophilia and Table 12.1 Bruises and time since injury
pathological condition like leukaemia, there is a
tendency to bleed more in bruises. Time Changes
Fresh Bright Red
Severity of Bruises Up to 3 days Bluish
4th day Bluish black/brown
Bruises are simple injuries in most of the cases. 4th–5th day Greenish
However, if a person receives multiple bruises like 7th–12th day Yellowish
in severe beating as in police custody, he may die 2 weeks Normal
as a cumulative effect of shock due to pooling of a
lot of blood in various areas. Medico-legal Importance of Bruises
Table 12.3 Characteristic features of ante-mortem and 3. Pressure Abrasions: These are due to
post-mortem bruises sustained pressure on the area just like the
ligature mark in hanging, strangulation, etc.
Ante-mortem bruises Post-mortem bruises 4. ImprintAbrasions: Sometimes,the pattern
1. Colour changes present Absent of the object is seen on the skin just like
2. Superficial and deep Usually superficial tyre marks or marks of radiator in road
only traffic accidents.
3. Ecchymosis is more Very less
5. Other Abrasions: Sometimes natural
4. Signs of inflammation and Absent
other vital reactions seen abrasions also occur like ‘nappy abrasion’
5. On microscopic exami- Noinfiltrationofleuco- which is seen in infants due to excoriation
nation, such changes cytes of skin over areas usually covered by nappy
and other changes can be like groin and buttocks. It may be confused
demonstrated with mechanical violence.
6. Contused Abrasions: If more mechanical
margins covered with tiny vesicles and surrounding violence is used, the abrasion may be
skin red and inflamed. If scrapping is taken, the contused too, in such cases it may be
substance can be demonstrated easily. Since these
referred to as contused abrasion or abraded
irritants cause a lot of scratching, such marks can
contusion.
be seen. These artificial bruises are always
superficial and never deep (Tables 12.3 and 12.4). Medico-legal Importance
Abrasions Abrasions may be simple in nature but medico-
legally they are very important. The direction of
Abrasions are injuries where there is discontinuity
the abrasion can be found out by observing heaped
in the skin due to loss of superficial epithelial layer
up epidermis at one end. Scratches are observed in
of the skin. These are produced as a result of blow,
strangulation and throttling. Grazes are commonly
fall, slide or being dragged.
seen in fall on rough surface or a vehicular accident.
The following are the different type of abrasions: The pressure abrasions are seen in asphyxial modes
1. Scratches: They are produced by a sharp of death like hanging, strangulation, etc. Imprint
weapon like needle or pin. abrasions are commonly seen in road traffic
2. Grazes: They are produced as a result of accidents. Teeth bites are simple abrasions. They
friction like fall on a rough surface. are circular in shape represented by 2–4 separate
Table 12.4 Differences between contusion and post-mortem lividity
marks caused by the upper front teeth on one side of the weapon causing it due to restriction
and same or less number of marks on the opposite of cut tissues. It is spindle-shaped and
side. Traces of saliva can be demonstrated easily if gaping. The length of the incised wound is
the samples are taken. greater than its depth.The edges are smooth,
Fabricated Abrasions: Sometimes abrasions are clean cut and everted. If an incised wound
fabricated either by the person himself or with the is caused by a heavy weapon like gandasa,
help of another person to implicate someone. The the edges of the wound may show
abrasions are usually on approachable parts of the contusion. The direction of incised wound
body like face, hands, abdomen, chest, etc. should always be noted. The comm-
encement of incised wound is deeper and it
Age Changes in Abrasions gradually becomes shallower and tails off
towards the end.The tailing off of an incised
Within 24 hours, abrasion surface is covered with
wound shows the direction by which the
reddish brown crust commonly called ‘scab’, due weapon was drawn off. The incised wound
to coagulation of blood. This scab remains for about bleeds more, as the blood vessels are clean
10–14 days, after which it falls off without leaving cut and hence bleed more. Small incised
any mark due to the process of healing. wounds on wrist may cause death due to
excessive bleeding.
Ante-mortem and Post-mortem Abrasions 2. Stab or Punctured Wounds: Stab wound
Ante-mortem abrasions are seen as bleeding is an incised wound where depth is more as
surfaces and show time-related changes due to vital compared to breadth. It is caused by sharp,
reaction of the body. pointed and cutting instruments. Stab may
Post-mortem abrasions are commonly seen on have both edges clean cut if the cutting
bony prominences due to dragging of the body. The instrument has sharp edges on both sides, or
base appears white, as circulation had stopped one side blunt and another clean cut if
earlier. Invariably, there is no bleeding from the instrumenthadonesharpandotherbluntside.
Stab wounds are called penetrating wounds
post-mortem abrasion and no sign of inflammation
when they pass through tissues, enter a body
or reparative changes are seen on the base.
cavity like thorax or abdomen. A sharp,
Sometimes, after death, the body is attacked by ants
pointed, cylindrical or conical instrument
and their marks may simulate ante-mortem bruises.
may produce a wound with circular margins.
Ant marks are usually seen around mouth, ears,
A blunt pointed instrument may produce
vagina, anus, etc.
circular margins with laceration. The depth
of stab wound may be equal to or less than
WOUNDS the length of the blade of the instrument
causing it. In rare cases depth may be even
The wound is defined as forcible disruption of more than the length of the blade as while
continuity by mechanical violence of tissue of the forcing the instrument inside, the blow may
body like skin, cornea, or mucous membrane. depress the tissues of the part struck and the
Commonly, wounds are classified as follows: blade may reach deeper tissues. This is
1. Incised Wound: The incised wound is usually seen in stabs over the abdomen.
produced by a sharp weapon such as knife, Perforating Wounds: When punctured
razor, etc. It is always broader than the edge wound perforates the body there may be
entry and exit wound. The wound of entry These lacerations sometimes look like
is usually larger with inverted margins and incised wound with naked eye
wound of exit is smaller with everted edges. examination. So, they may be called
3. Lacerated Wounds: The lacerated ‗incised-looking wound’. But on
wounds are caused by application of great examination by lens, the margins can be
blunt force on the body, e.g. hit by lathi or observed. They are irregular, not clean
blow, or in road traffic accidents. These cut as in case of incised wound. The hair
wounds do not generally correspond with follicles would be seen crushed, not cut.
the shape or size of the instrument causing (b) Stretch laceration: They are due to
them. The margins are irregular, torn, over-stretching of skin by blunt force.
swollen and contused. The underlying (c) Avulsions: Theseshearinglacerationsare
tissues show extravasation of blood with caused due to grinding compression of
muscle tears. Fracture of bones may be force such as the wheel of a car passing
seen. over limbs, shearing a large area of skin.
The lacerated wound as a rule do not (d) Tears: When the body hits a hard object,
bleed as heavily as incised wound because itcanproducetears,e.g.hitbyaprojected
in this vessels are crushed and they bleed handle of a car in road traffic accidents.
less. The lacerations are of the following (e) Cut laceration: These are produced by
types: heavy cutting weapon like gandasa.
(a) Split: Split laceration occurs when the Here, careful examination would reveal
soft tissues are caught between hard margins that are irregular and not clean
inside surface like bone and the force cut. The contusions may be seen around
applied. Scalp lacerations are common. margins with crushed hair follicles.
13
Fire-arm Injuries
Before knowing about fire-arm injuries, it is better Smooth Bored Fire-arms or Shotguns
to have an idea about fire-arms and ammunition.
These are heavy weapons carried over the shoulder
FIRE-ARM and they have a barrel which is smooth bored inside.
The shotgun may have one barrel or double barrel.
These guns are usually used by police to control
It is a weapon to cause injuries by use of gun
mob, or they are used in killing birds or small
powder. Every fire-arm, commonly called ‘a gun’,
animals.
has a barrel which is long and hollow cylinder made
In shotguns, barrel diameter is called ‘gauge’,
of steel. The lumen of the barrel is called ‘bore’.
while in rifles or handguns, it is called ‘calibre’. A
The rear end of the barrel where cartridge is inserted
shotgun gauge is indicated by the number of lead
or loaded is called ‘breech end’while front end is balls, each tightly fitting the barrel, and would
called ‘muzzle’. Missiles are loaded in the chamber weigh one pound. Common bores of shotguns are
situated at breech end. They are driven into the 12 and 16 . The shotguns are loaded with cartridge
barrel by the detonation of explosive charges which whose construction is given in Figure 13.1.
form gases at high temperature and cause great
Extractor
pressure in the barrel, thus forcing the missile out Breech face
Locking lug
of the barrel through the muzzle end. The projectile Top lever
Barrels Safety
has maximum velocity when it leaves muzzle end
latch
and it is called ‘muzzle velocity’. By pulling the Rib
trigger, a hammer or pin is released which strikes
over the percussion cap of the cartridge. It detonates
the primar and fires the propellent charge which
Hinge pin
produces intense gases which carry the missile
Frame Grip
through the muzzle end.
Triggers Trigger
There are two types of fire-arm weapons guard
commonly seen: smooth bored fire-arms or
shotguns and rifled fire-arms. Fig. 13.1 Diagram of a hammerless shotgun.
Shotgun Cartridge
It is usually 5–8 cm in length. It consists of a card-
board or plastic cylinder with a brass cylindrical Bore
head, with rimmed base with detonator cap situated
in the centre. Below the detonator is the propellent Lands
charge. A greased wad or cardboard or felt wad is
placed below the propellent charge. The shots are
placed below the wad. The shots may be small,
rounded lead balls, packed tightly. Below shots a
greased wad or cardboard is there.
Choking of Shotgun
In order to control the spreading of shot pattern, Groove
narrowing of muzzle end can be done. This process
is called ‘choking’. It may be of different degree,
like full or half choke or quarter choke or improved
cylinder. With choking, the spread pattern of shots
Fig. 13.2 Section of a rifled fire-arm weapon.
is reduced and their effectiveness increased.
the inner surface of the bore to impart rotatory
Range of Fire-arm
motion to a bullet. It stabilises the bullet and gives
greater accuracy and long range for the bullet to
It is defined as the distance up to which the
hit the target (Fig. 13.2).
momentum of missile drops to the level that human
penetration is not possible. It is different from The rifled fire-arms are of the following variety:
‗useful range’, which is defined as the distance up 1. Rifles: It is also a shoulder arm gun
to which the best results are achieved for designed to hit long distance. They can hit
penetration. at a longer distance than shotguns.The rifles
are classified as (a) slide action, (b) bolt
Country Made Fire-arms
action, (c) lever action, and (d) semi-
Commonly called kattas, they are improvised automatic, depending upon the firing
shotguns usually of 12 bores made up of steel tubes. mechanism. Short barreled rifles are called
‗carbines‘.
They are all unlicensed. They are widely made in
2. Hand Guns: They are fired from hand.
India especially in Uttar Pradesh and Bihar. They
Common examples are:
are quite unsafe, as while firing they may burst also
and kill the person who is firing them. The quality (a) Revolvers: In this, cartridge or bullet is
is very poor, but since they are quite cheap and loaded into a revolving chamber at the
easily available, they are quite frequently used. breech end of the barrel. It fires one shot
at a time. Usually it has 5–9 chambers
Rifled Fire-arms (Fig. 13.3).
(b) Pistols: In this case, cartridge is directly
They are better than shotguns in efficiency. Rifling loaded into the chamber of the barrel.
is a process in which spiral grooves are cut upon Sometimes magazine is introduced into it.
Front
sight
revolvers or pistols. The detonator cap which is an
Barrel Revolving chamber Hammer ignitor fits in a circular hole in the centre of
cartridges.The distal end of the cylinder has a bullet
Drum latch
which is made of lead or lead alloy with an outer
hardening of steel or brass. The propellent charge
lies between the bullet and the detonator cap
(Fig. 13.4).
Trigger
Frame Propellent Charge
Trigger guard
Two types of propellent charges are used:
Fig. 13.3 Drawing of a revolver. 1. BlackPowder:Itconsistsofpotassiumnitrate
(75 per cent), charcoal (15 per cent) and
Pistols may be semi-automatic or sulphur (10 per cent); in this case, charcoal
automatic.Inautomaticpistols,bulletskeep acts as fuel. Potassium nitrate is oxygen
oncomingouttillthetriggeriskeptpressed. supplierwhilesulphurmakesitignitable.One
Cartridge of a Rifled Weapon gram of the powder can produce 3000–4500
cc of gases which consist of carbon dioxide,
It consists of a metal cylinder with a flat base. It carbon monoxide, nitrogen, H 2S, hydrogen
may have a projected rim to fit in grooves of and methane.
Crimp
Bullet
Pellets
Cartridge case
Cannelure
Undershot card
Propellent
Propellent
Cartridge case
Metallic head
Percussion cap
Anvil
Anvil Percussion
2. SmokelessPowder: One gram of smokeless weapon has been used in the crime. The base of
powder can produce 12000–13000 cc of gas. the fired cartridge can be used for study of striker
It may be of the following types: indentation and can be compared with alleged
weapon.
(a) Single base powder: The propellent
charge is made of mainly nitrocellulose The crime bullet should be handled carefully.
and some chemicals to stabilise it. It should not be lifted with forceps, or pincers, as it
(b) Double base powder: In this, may produce marks on it. If needed, it should be
nitrocellulose and nitroglycerine are the lifted with covered pincers. The bullet should be
main constituents. It is more powerful preserved in a separate bottle.
than single base powder.
(c) Triple base powder: It contains
FIRE-ARM INJURIES
nitrocellulose, nitroglycerine and
Before we understand the fire-arm injuries, let us
nitroguanidine. It is most powerful of the
understand how they are caused. When a fire-arm
three types of base powders.
is discharged, following things come out:
Smokeless powder is better than black powder,
1. Flame and Hot Gases: When a fire-arm is
as it produces more gas and no smoke. In pistols or
discharged, immediately a rush of gases at
revolvers mostly smokeless powder is used.
very high temperature leave the muzzle. A
Air Guns: In these, compressed air is used to fire great amount of sound is also produced. The
lead shots. They are commonly used for killing gases include nitrogen, carbon dioxide,
birds or in sports like bursting balloons in a fair, carbon monoxide, etc. A flash of flame is
etc. These lead shots have limited range. But if fired also observed.
close to a human body, they can penetrate and if 2. Soot Particles and Powder Tattooing:
they enter into vital organs like heart, death can Unburnt flakes of propellent also come out
occur. It may damage the eyes also. with gases and they are deposited on
anything which is within their range of
IDENTIFICATION OF ALLEGED WEAPON OF travel.
OFFENCE 3. Projectile: Bullet or lead pellets come out
after gases and soot particles. They travel a
Once the bullet fired and lodged into the body is distance according to their momentum. The
recovered, the weapon from which it was fired can pattern of fire-arm injuries depend on the
be identified. The bullet recovered from the body distance between muzzle and victim.
or the scene of crime is called ‘crime bullet’. It is Accordingly, the entrance wound of the fire-
known that once a bullet is fired from a fire-arm arm is classified according to that.
weapon, the marks of rifling and the characteristic
individualities appear on the bullet, which are very Wounds Produced by Rifled Fire-arms
specific to that weapon.
The following are the types of wounds produced
A test bullet is fired in laboratory conditions
by rifled fire-arms depending on the distance
from the alleged weapon of offence and markings
between muzzle and victim (Table 13.1).
on the bullet and individual characteristics are
compared with the crime bullet. Once they 1. Contact Wounds: The following subtypes
resemble, it can be safely concluded that the alleged can be seen:
Table 13.1 Features of entry wound in a case of rifled fire-arm when fired from different distances
(a) Firm contact with skin with bone cavity or may come out of body through
beneath: Such situation is seen when exit wound. The muzzle imprint can be
the fire-arm is held in close contact with seen in some cases when the weapon is
the head. In this case the gases and held against the head forcefully.
projectile enter the skull through scalp 2. Close-range Wounds: There is no definite
but after resistance from the skull bone. distance of close range wounds but the
Some amount of gases or parts of bullet distance is sufficient to produce flame and
may be reverted backward causing soot particles effect. The burning and
eversion of margins. In such cases the singeing of hair around the wound is seen,
entry wound is seen as cruciate or star- if no clothings are present. Soot particles
can be seen around the wound. It is more
shaped with everted, rugged margins.
common with black gun powder than
Since the discharge of the fire-arm enters
nitrocellulose. Unburnt powder particles of
skull completely, the underlying bone is the propellent may produce tattooing of the
fractured in multiple pieces with margins skin.
drawn inwards. The effect of flame and The presence of carboxyhaemoglobin
soot particles is seen around the entrance can be demonstrated in diminishing
wound. concentration all along the track. The
(b) Firm contact with skin with no bone abrasion and contusion collar may be seen,
underneath: In such cases, the but observed less easily due to effect of
discharge enters completely into the soft flame and smoke.
tissue along with the bullet as there is 3. Short to Medium RangeWounds: In short
no firm resistance. In both of the above range wounds, the effect of flame may not
cases, carbon monoxide present in the be present but tattooing due to powder
discharge enters tissues and combines deposition may be seen. In medium range
with haemoglobin to impart pinkish wounds, the tattooing is not seen. The
colour to whole of the track. All along entrance wound is clearly observed. It is
the track laceration of muscles, nerves usually oval, margins are inverted and are
and vessels is seen. Soot particles can smaller than the diameter of the bullet. The
also be seen along the track. The bullet direction is inward and backward. The
may finally hit the bone or enter the abrasion collar around the wound is seen
as the margins are abraded. Sometimes, a There may be more than one exit wound as
contusion collar is also seen around the the bullet may break down into pieces and each
wound. The ‘grease or dirt collar’ may also piece may make its own exit wound. Sometimes,
be seen around the margins of the wound bullet may rupture bone into pieces which may also
due to deposition of bullet lubrication or gun come out making more exit wounds. Sometimes,
oil from the barrel of the gun. characteristic features of exit wound may not be
4. Long or Out of Range Wounds: Since in seen as in such exit wounds. In a situation where
these cases, the body is away from the useful
the bullet is coming out through skin, the skin at
range of the fire-arm, the bullet does not
that point is well supported like presence of belt,
have momentum to enter the body
clip of bra, etc. which offers resistance. In such
(Table 13.2). In such cases, laceration of the
situations, the everted margins of exit wounds may
skin may be seen.
not be clearly seen.
Exit Wounds
Concealed Fire-arm Wounds
The exit wound is large in size as compared to the
entry wound. The margins are everted. The tissue The fire-arm wounds may be missed out if the
destruction is more and bleeding is more. The wounds are present in axilla, groin, scrotum,
differences between entry and exit wound are perineal area and entrances of mouth, nostrils, ears,
presented in Table 13.3. vagina and anus. Presence of hair especially in
Table 13.2 Fire-arm discharge effects in relation to the distance travelled in case of rifled fire-arm
axilla, pubic area anal area may make wounds underlying bone is present, there is a limited
difficult to locate. area of dissipation of discharge. So,extreme
mutilation may be seen due to an explosive
Multiple Entry and Exit Wounds by One Bullet
effect. Burning, tattooing is less seen at the
Sometimes, one bullet can make multiple entry and site as the discharge enters the track and
exit wounds. For example, if one bullet enters one causes blackening and burning along the
arm and comes out; then re-enters chest and while track.
coming out may enter another arm. In situations where the close contact is
there but no underlying bony resistance is
Wounds Produced by Shotguns seen, the blackening and tattooing may be
seen around the wound. Most of the
These are described in terms of distance between discharge passes into the fire-arm track
fire-arm and victim (Tables 13.4 and 13.5) as causing soiling, burning of tissues along the
already done with rifled fire-arm weapons: track.
1. Contact Wounds: The characters already 2. Close Range: Close range is defined as
described in rifled fire-arm weapons may when distance between muzzle and the body
be seen. In close contact with skin where is within a few inches. In these cases,
Table 13.4 Fire-arm discharge effects in relation to distance travelled in cases of shot gun
Distance Effects
1. Contact and close shot Gaseous effect. Blow back effect. Cherry red discolouration around the
wound of entry.
2. 15 cm Gun flame effect. Heat combustion effect on clothes, singeing of hair
seen.
3. 30 cm Blackening due to soot particles
4. 60 cm Coarse particles causing tattooing.
5. 1.25–2 metres Cards/wads causing minor injuries.
6. Effects of lead shots Wound of entry and exit seen in above cases.
Table 13.5 Features of entry wound in relation to the distance of the fire-arm from the body in cases of shotgun
1. Contact shot Single shot, Largest size, irregular shape, edges scorched or contused.
Blackening, tattooing and singeing present.
2. Up to 15 cm Singleshot,smallersize,circularshape,edgeswelldefinedandinverted.
Blackening, tattooing and singeing present.
3. 90 cm Single entry wound, size 2.5– 4 cm, irregular lacerated margins,
Blackening, tattooing present. Singeing absent.
4. 2 m Entry wounds may be multiple, spread is 5–7 cm. Central big wound
withsmallerwoundsaround.Noblackening,tattooingorsingeingseen.
5. 4 m Entry wounds multiple, spread area 10–14 cm, and shape wider. No
blackening, tattooing and singeing seen.
6. 20 m Entry wounds multiple, spread area more than 14 cm. Spread is not
measurable. No blackening, tattooing or singeing seen.
burning of skin and singeing of hair is seen. mechanism or obstruction in the tunnel, the
Soot particle deposition is seen. Powder bullet does not come out after firing. When
tattooing is also seen. Rest of the features the next bullet is fired, both bullets come
seen are those of a contact wound. out one after another. In such cases, two
3. Short Range to Medium Range: Depen- entry wounds or exit wounds may be seen
ding on the distance, the following effects due to the two bullets.
are seen: 3. Bullet Embolism: A bullet may enter blood
(a) Flame/burning/scorching/singeing: vessels and thus enter circulation and may
May be seen from 30 cm to one metre. lodge at different places causing bullet
(b) Smoke/powder marks: May be seen up embolism. Common sites through which a
to one metre.
bullet can enter circulation are heart and
(c) Tattooing: May be seen from 1 to 3
aorta.
metre.
4. Retained Bullets: Sometimes, a bullet is
Spread of Pellets retained in the body for a long time. It may
be because it was not removed as it was
As the distance increases, the spread of pellets may not causing much harm or it was located in
be seen on the body. It is roughly estimated that
an area from where its retrieval could cause
spread in feet may correspond to distance in yards
more damage to the body. A bullet may
between the muzzle and the body.
remain in the body, especially spine, for
Depending upon the distance, the pellets may
years to come without causing any harm.
enter the body according to the momentum they
have. If the distance increases more than the useful Lead toxicity as a rule is not seen in cases
range, pellets may not enter the body. of retained bullets.
5. Dum-Dum Bullets: In these bullets tip of
Shotgun Exit Wounds the jacket is cut off. As a result, they are
expanding in nature. They are very
Shotgunexitwoundsarerare,exceptinclosecontact
destructive and produce large wounds.
wound. The exit wound may show the same feature
6. Blank Cartridge: It is just like an ordinary
as that in the rifled fire-arm weapon except that there
cartridge except that it has no lead shot or
may be many exit wounds due to multiple pellets.
bullet inside. It contains ultrafast burning
UNUSUAL PHENOMENON powder which detonates rather than burns.
It is used mainly in riot control or on stage
The following are the unusual phenomenon shows. It does not produce injuries but if
commonly seen: shot in a very close range, the wad may
1. Ricochet Bullet: A bullet when entered into produce laceration on the body.
the body may get deviated due to hitting 7. Rayalaseema Phenomenon: In this
with hard object like bone and may follow phenomenon, the person is killed by stab
another path. In such circumstances, the exit injury and then a bullet is planted inside the
wound may be found at different places. The stab injury to mislead the investigating
dissection of track from the entrance wound officer. Such cases were initially reported
may reveal ricochetting of the bullet. from Rayalaseema district of Andhra
2. Tandem Bullet: Word ‘tandem’means one Pradesh, hence the name. Sometimes
after another. It is also called ‘piggy’bullet. unfired or fired bullets are recovered from
Sometimes, due to some defect in firing bodies during post-mortem examinations.
3. Once the clothes are removed, all the alveolar septa and cause haemorrhage in
wounds of the body should be photographed alveoli. The air passages are filled up with
again. blood and fluid. The fluid in the alveolar
4. X-rays of the body in front view and side space can cause respiratory failure. These
views should be taken to locate the bullet. injuries are sometimes referred to as ‘blast
5. Hand washing with nitric acid and finger lung.‟
nail scrapping should be preserved for The shock wave also causes damage to
detection of gun powder residue. ears.Thetympanicmembraneisruptured.The
6. All the entry and exit wounds should be alimentary system also suffers damage due to
described clearly by noting their size, shape, the pressure of air. The stomach and intestine
direction and position.
may rupture. The solid tissues like liver,
7. The track of all fire-arm injuries should be
kidneys, etc. resist the impact of shock wave
clearly described in detail.
better than hollow organs like stomach
8. The bullet, if found in body, should be
containing air.
removed gently by non-piercing forceps and
3. Burns: When a bomb is exploded, the
sealed separately. Maximum number of
pellets that can be collected should be temperature reaches around 2000°C and
heated gases are released. They produce
gathered and preserved.
burns on victims who are in vicinity of the
bomb blast. The exposed areas of the body
BOMB BLAST INJURIES are severely affected as compared to the
covered ones.
Bomb blast injuries are quite common these days. 4. Flying Missiles: These may originate from
Due to heightened terrorism, now civilians are bomb itself as some bombs contain metal
exposed to bomb blast injuries which soldiers pins, small metal balls or metallic nails
suffered during wartime or crossfire at borders. The which act as missiles and cause injuries to
blast injuries can affect human body in following all those present around the site of the bomb
ways: blast. Sometimes, as a result of shock wave,
1. Disruptive Effect: It affects the person who small objects may also be thrown as missiles
is quite close to bomb. When bomb and may cause injuries. The small pins or
explodes, the person may be blown into metal nails used in the bomb may cause
pieces. If the victim is a bit far away, he multiple abrasions and lacerations due to
may have his limb blown off. These these flying missiles.
disruptive injuries are quite extensive and 5. Falling Masonry: Sometimes a bomb blast
victim dies immediately. in a building may result in its collapse due
2. Shock Wave: It is also called ‘air blast’. to shock wave and persons may be caught
As a result of blast a zone of compressed in the falling debris. People may suffer
air is created and it travels further.This wave traumatic asphyxia once caught in the
of compression is followed by a wave of debris. They may sustain head injury or
negative pressure. So, the victim bears first other injuries due to falling stones.
impact of compressed air and then negative 6. Asphyxia: In bomb blast, a lot of gases are
pressure.The high pressured compressed air produced which can cause asphyxia, if the
can knock down a person easily. This wave explosion has occurred in a closed area.
causes maximum damage to lungs. It leads Common gases are carbon dioxide, carbon
to disruptive effect causing rupture of monoxide, and hydrogen sulphide.
"
Medico-legal Aspects of Wounds
MEDICO-LEGAL RESPONSIBILITIES OF A
one or not. However, doctors working in
MEDICAL PRACTITIONER government hospitals, government-aided private
hospitals or nursing homes, and charitable clinics
Definitions of a Medico-legal Case have no choice and they cannot refuse any case
because it is a medico-legal one.
It is a case of injury or ailment where an attending
doctor after taking history and conducting clinical Formalities to be Completed in a Medico-
examination of the patient, thinks that some kind legal Case
of investigation by law enforcing agencies is
essential so as to fix responsibility regarding the If any case registered as medico-legal in one
case in accordance with the law of the land. hospital, dispensary or clinic is referred to another
hospital, a fresh injury report need not be prepared
Registration of a Case as Medico-legal even though the case may be labelled as a medico-
legal one. The referral slip should be attached to
It is purely the responsibility of the attending doctor the medico-legal report form. It is important to
to register the case at the earliest. If some delay remember that treatment of every medico-legal case
occurs, the case can be made medico-legal at any takes precedence over medico-legal formalities if
time. However, doctor should not act as a detective. the patient is serious. In all cases, medico-legal
The main duty of the doctor is to observe and record report as prescribed by local administration must
things correctly. The request of the patient or be filled up correctly.
relative/friend for not registering the case as
medico-legal should not be entertained. The CASES TO BE LABELED AS MEDICO-LEGAL
medical officer has to make his own decision.
Can Treatment be Refused to a Medico-legal The following cases should be labelled as medico-
legal:
Case?
1. Roadside accidents, factory accidents or any
Although private practitioners have the choice to other unnatural mishaps.
select patients, all doctors are ethically bound to 2. Suspected or evident homicides or suicides
render their services in emergency cases without including attempted ones.
any consideration whether a case is a medico-legal 3. Suspected or evident poisoning.
4. Burn injuries due to any cause. to police under a sealed envelope.All X-rays should
5. Injury cases where foul play is suspected, be preserved and handed over to the police under
if a doctor thinks that the patient is an proper receipt.
accused or a victim in a criminal case.
6. Injury cases where there is a likelihood of OPINION
death in near future.
7. Suspected or evident sexual offenses.
It is the most important aspect but is often taken
8. Suspected or evident criminal abortions.
lightly. The doctor has to opine whether the injury
9. Unconsciousness, when the cause of
is simple or grievous, whether caused by a blunt or
unconsciousness is not clear.
sharp weapon or whether is it a case of poisoning.
10. Cases brought dead with improper history.
For this, one should have complete knowledge of
11. Cases referred by courts.
Section 320 of the I.P.C. which explains what is a
HOW TO COMMUNICATE TO POLICE ‗grievous hurt’.
register contains a performa called a ‘Medico-legal ‗every attack or threat or attempt to apply force on
Report‘ whose format is approved by the state the body of another in a hostile manner’. It does
government. not matter whether the person gets injured or not.
Always, the medical officer should prepare the Hurt may be (a) simple or (b) grievous.
report as per the performa. It contains serial number
1. Simple Hurt: All the hurts which do not
of report, place, date and time of examination,
fall in the category of grievous hurt are
name, age, sex, occupation, and address of the
simple hurts.
patient. It should be noted whether the patient came
2. Grievous Hurt: Section 320 of the I.P.C.
himself or was brought by relative or police.A brief
defines it as follows:
summary of how the injured person sustained
injuries should be noted. It is followed by detailed (a) Emasculation: It means loss of
examination and description of the injuries. After masculine power. It may be due to
noting down all injuries, the medical officer should cutting of penis or castration early in life,
make opinion about the nature and severity of or injury to the spinal cord at the level
injuries. Finally, he should put his signatures of 2nd– 4th lumbar vertebrae. Castration
followed by his official seal. While noting down or loss of testis in later part of life may
injuries he should carefully note the nature, number, not cause impotence in an individual as
characters of edges, length, breadth, depth and sex in human beings is partially a learned
direction of injuries. phenomenon.
Any foreign material, if found in injuries, (b) Permanent privation of sight of either
should be carefully preserved. All the injuries eye: If there is sight loss in either eye it
should be measured accurately. While describing would amount to grievous hurt. It is not
position, it is better that its distance from two bony necessary that there should be a
points or anatomical landmarks is mentioned. complete loss of vision. Even if the
Description should be so accurate that the medical vision changes from 6/6 or 6/5 to 6/9, it
officer can reconstruct the injuries on the body in would be grievous hurt.
court of law if required. Wounds of chest or (c) Permanent privation of hearing of
abdomen should not be probed. either ear: Even if there is a slight loss
of hearing in either ear, it would amount
Some Definitions to grievous hurt.
(d) Privation of any member or joint:
According to Section 44 of the I.P.C. ‘injury’ is
„Member‟ of the body is defined as the
defined as ‘‘any harm whatever, illegally caused to
part of the body which has got some
any person in body, mind, reputation or property.’’
distinct function to perform, e.g. mouth,
According to Section 319 of the I.P.C. whoever
nostrils, ears, eyes, hands, etc. Privation
causes bodily pain, disease or infirmity to any
of any member or joint amounts to
person is said to cause ‘hurt’.
Thus, we can say that in medical practice, we, ‗grievous hurt’.
most of the time deal with hurt rather than injury (e) Destruction or permanent impair-
which has got more than one components. ment of the powers of any member or
Legally, ‘wound’ is defined as any lesion joint: If there is some permanent
external or internal, caused by violence with or impairment in the powers of any
without breach of continuity of skin. According to member or joint due to injury it would
Section 351 of the I.P.C. ‘assault’ is defined as amount to grievous hurt.
(f) Permanent disfiguration of the head (iii) All head injuries showing signs of
or face: As it is well known that all compression like vomiting, unconsci-
incised and lacerated wounds heal by ousness, etc.
secondary intention and thus produce (iv) Superficial burns more than 80 per cent
scar, presence of such scar would result and deep burns more than 50 per cent.
in permanent disfiguration of face. If B. Any hurt which causes a person to be in
there is a big laceration on head, it can severe bodily pain for 20 days would be
also cause loss of hair on a large area of grievous hurt. For example, a person may
scalp thus producing permanent be badly beaten and may have contusions
disfiguration of head. Injury to nose may all over the body. In this case, all injuries
result in deviated nasal septum, which are simple in nature but collectively they
may also produce disfiguration on the may be grievous as person may be in severe
face of a young woman. bodily pain for 20 days.
(g) Fracture or dislocation of a bone or C. Any hurt which causes the person to be
tooth: Fracture should involve outer or hospitalised for more than 20 days and is
inner table with or without displacement unable to follow normal pursuits like
of any fragment of any bone. If the bone bathing, eating, sleeping, etc., would
is cut, the cut should go uptill the amount to grievous hurt. Mere stay of 20
medullary canal. Only in such cases it days in the hospital would not constitute
would amount to fracture. Dislocation grievous hurt. Punishment of imprisonment
of any bone like clavicle, humorous, etc. up to seven years and fine is provided under
would also amount to ‘grievous hurt’. Section 325 of the I.P.C. for voluntarily
In case of tooth, mere loosening should causing grievous hurt.
be thoroughly investigated as it may be
Dangerous Injury
due to old age or bad oral hygiene or
infection. In case of a dislocated tooth, Any injury which can pose imminent danger to life is
condition of the gums and adjoining called‗dangerousinjury‘andisapartofgrievoushurt.
teeth should also be taken into account For example, injury to large blood vessels, rupture of
before giving opinion. internal organs, etc.
(h) Any hurt which endangers life or
which causes the sufferer to be, Injury Sufficient to Causes Death in Ordinary
during the space of twenty days, in Course of Nature
severe bodily pain or unable to follow While admitting a charge under Section 302 of the
his ordinary pursuits: This last clause I.P.C. of murder, it has to be proved that injury was
has got three components: sufficient to cause death in ordinary course of
A. Any hurt which endangers life: Any injury nature. The doctor is called upon to certify this.
which can cause sudden death, i.e. within Any injury, if by virtue of its own direct effect can
24 hours of sustaining it, is called injury bring fatal result, is called ‘injury sufficient to cause
which endangers life. For example, death in ordinary course of nature’. For example,
(i) Rapid loss of blood pressure due to 1. Injury to brain, spinal cord, large blood
haemorrhage. vessels.
(ii) Perforating injuries of chest, abdomen 2. Rupture of stomach, intestine, heart, lung,
and skull. liver, etc.
3. Extensive burns more than 80–90 per cent. The undivided edges of wound would be
4. Combined effect of many injuries producing covered with lymph in about 36 hours. If no
shock. infection is present, the edges would join by 3 days
and in 7 days wound would heal by primary
Injuries Necessarily Fatal
intention by formation of red, tender and linear scar
The following injuries can be considered as over the wound. If wound is not aseptic, it heals by
‗necessarily fatal’ as recovery from them is formation of granulation tissue by secondary
impossible: intention. The edges may be bound by blood and
1. Amputation of head lymph and may show traces of pus in 36–48 hours.
2. Complete crush injury of head Such wounds take longer to heal or sometimes do
3. Amputation of both legs at hip level not heal at all.
4. Complete crush injury of chest or abdomen Once the wound is covered with red scar,
healing starts from below. Capillaries are formed
Sometimes, it is not possible to give immediate
in 36 hours and slowly the scar starts showing
opinion regarding the nature of injury. In such cases
colour changes. It changes to dense fibrous scar in
the patient should be kept under observation. If
3–4 weeks.After 6 months, the scar becomes white,
required, X-rays may be repeated or patient is re-
tough and glistening and the underlying tissues are
examined after some time. Till the definite opinion is
completely healed.
formed, the fact that the patient is under observation
should be recorded in the medico-legal report. After 6 months, it is difficult to ascertain the
age of the scar. The age of the scar can be
KINDS OF WEAPONS ascertained by observing reparative process. Up to
3 days, signs of inflammation and haematoma
In medico-legal report it is important to mention around fracture site can be seen. From 3rd day to
the kinds of weapons used to inflict the wound. 14th day, a soft callus can be seen binding the two
Whether the weapon is blunt or sharp should be ends of the bone. This callus starts ossifying and it
decided after careful examination of edges, takes about 2–8 weeks. The ossification of callus
margins, ends, width and shape of the wound. If is faster if there is less mobility at fracture site and
an alleged weapon used in inflicting injuries has fracture ends are immobilised after they come close
been brought, it should be carefully examined. Its to each other. In 6–8 weeks, the callus is replaced
edges, length, breadth should be correlated with by the bone and fracture ends may be united. In
injuries. After examination, it can be opined skull fractures, very less callus formation is seen.
whether injuries can be caused by such weapon or In comminuted fracture, bone formation does not
not. The weapon should be sealed again and then occur and line of fracture is mostly visible. In
handed over to the police. dislocation of tooth or removal of tooth by violence,
bleeding from socket stops in 24 hours. The cavity
AGE OF INJURY of the socket usually fills up in 10 days and alveolar
process becomes smooth in 14–21 days.
In the medico-legal report, it is essential to mention
the age of the injury as it helps in investigation of
CAUSES OF DEATH FROM WOUNDS
the crime. The age of bruise can be ascertained by
colour changes. The age of abrasion can be found
The following are the causes of death from wounds:
out by the changes in scab formed over abrasion.
The age of wound can be ascertained by observing 1. Immediate or direct causes
following facts: 2. Late or indirect causes
6. Death due to Supervened Disease The person may die because of improper
Because of Trauma: Trauma sometimes medical care or neglect of hospital staff.
leads to supervened disease like fracture of
long bone may cause osteogenic sarcoma
or abdomen injury may lead to hernia which ENZYME CHANGES IN WOUNDS AFTER
may strangulate and ensures death. INJURIES
7. Death due to Medical Intervention:
Sometimes, death may occur due to The following are the enzyme changes observed in
negligence on behalf of patient or doctor. wounds as a result of vital reaction. In order to under
Epidermis
Dermis
Alkaline
ENZYME phosphatases
ENZYME Acid
phosphatases
ENZYME Amino
peptidases
ENZYME Esterases
ENZYME ATPases
Hours 0 1 2 6 8 16
stand, injury area is divided into central zone intestines in hand or bullet in heart. Some
(200–500 microns deep) immediately near the persons have travelled a lot of distance or
injury and peripheral zone (100–300 microns deep) performed some heroic acts even when they
around central zone. As a result of the damage, were fatally injured. In all such cases,
enzymatic activity is very low in central zone but opinion should be given after considering
high in peripheral zone. Within 5–15 minutes of all facts.
injury, high concentration of histamine and 5-HT
can be observed. Within 1 hour, concentration of DIFFERENCES BETWEEN SUICIDAL,
ATPases and esterases rises. In 2 hours time, amino ACCIDENTAL AND HOMICIDAL WOUNDS
peptidases activity is seen. Acid phosphatases can
be detected around 6 hours; alkaline phosphates
Whether the wound is suicidal, homicidal or
activity is also seen at 6 hours (Fig. 14.1).
accidental should be decided after consideration
of following points:
Medico-legal Importance
1. The characters and situations of wounds.
The medio-legal importance of wounds is as 2. The direction, number and extent of
follows: wounds.
3. Circumstantial evidence.
1. Which Injury has Caused Death: The
doctor is called upon to opine whether the The Characters and Situations of Wounds
injury is sufficient to cause death in an
ordinary course of nature or not. In cases of
(a) Suicidal wounds: They are usually situated
multiple injuries, the doctor is faced with
on front of the body on approachable parts
the situation where he has to specify the
and usually affect vital area. They are
injury which has caused death. To sustain a
usually incised, punctured or fire-arm
charge of murder under Section 302 of the
injuries. Incised or penetrating wounds on
I.P.C. it needs to establish that the injury
the back or on nonaccessible area are
was sufficient to cause death in an ordinary
course of nature. Sometimes, in cases of usually homicidal.
multiple injuries, one injury may not be (b) Defence wounds: They are present on
sufficient to cause death but cumulatively fingers, palms, forearm, back of hands,
multiple injuries may be sufficient to cause wrists or between fingers when a person
death in ordinary course of nature. In all tries to save himself from the assailant with
such cases, opinion has to be given after the sharp weapon. These injuries are
considering all injuries (Table 14.1). sustained also when person tries to catch
2. Volitional Acts: Usually, after sustaining the weapon of the assailant in attempt to save
severe injury to vital organs like brain, lung himself. The defence wound denotes
or heart, the person collapses. But in some attempt to murder. Bruises may be seen in
cases, many volitional acts have been place of cuts if the weapon is blunt.
reported by a person who received fatal (c) Incised wounds: They are seen on face,
injuries. Cases have been reported where ears, or genitalia show sense of severe
injured person has come to casualty with jealousy or revenge or sexual jealousy.
Accidental incised wounds may occur usually injuries are multiple and severe and may
if a person accidentally falls on a sharp involve genitals (Fig. 14.2).
object like knife or pin. Favourite sites
of suicidal fire-arm wound are temple, Self-inflicted Wounds
in the centre of forehead, roof of mouth, They are multiple, present on easily approachable
chest or epigastrium. parts of the body and are superficial. The purpose
Usually, fire-arm is held very close or of self-inflicted wound is to implicate someone or
almost in contact with site and show to attract attention. Usually there are superficial
characteristic blackening and tattooing. linear cuts or scratches made by a sharp-edged
Weapon may be found held in hand due weapon like knife, razor or pin. They are often
to cadaveric spasm. In homicidal or parallel with straight regular margins.
accidental fire-arm injury, wound may
be present on any area. Lacerated Hesitational or Tentative cuts
wounds are usually accidental or
Sometimes, more than one cut wound is present
homicidal. Accidental or lacerated
on the body. When a person is trying to commit
wounds are seen on exposed parts of the suicide, he starts inflicting wounds but initially he
body are usually on same side. Lacerated is not able to inflict fatal wound. So, he initially
wounds on vertex are usually homicidal. gives one or more cuts which are not fatal, and then
he gives the fatal cut. In initial cuts, tailing can be
The Direction, Number and Extent of observed. Direction of injury can tell whether a
Wounds person is right-handed or left-handed. Suicidal
injuries over the chest are usually on left side and
Multiple severe injuries are mostly homicidal directed downwards and inwards. Those on upper
except in accidents like motor vehicle, fall or limbs are usually directed from above
railway accidents. In sexual jealousy assaults, downwards. Those on lower limbs are usually
Table 14.2 Differences between suicidal and homicidal cut throat injuries
Dowry Death (Section 304 B I.P.C.) connection with any demand for dowry, such death
shall be called a, ‘‘dowry death’’and such husband
Where the death of a woman is caused by any burns or relatives shall be deemed to have caused her
or bodily injury or occurs otherwise than under death.
normal circumstances within seven years of All cases of dowry death should be investigated
marriage and it is shown that soon before her death by the magistrate and post-mortem should
she was subjected to cruelty or harassment by her be conducted by a panel of doctors from different
husband or any relative of her husband for, or in hospitals.
15
Regional Injuries
2. Indirect Cause: Brain is almost cerebral injury and is always followed by amnesia
incompressible but it gets damaged as a from the actual movement of the accident.”
result of rotational movement in sudden Concussion is due to diffuse submicroscopic
change of velocity, acceleration or neuronal damage to reticular system.
deceleration.Violent shaking of small child Concussion causes immediate uncons-
can causes sub-dural haemorrhage. ciousness or the person may feel giddy. It may last
AccordingtoGurdijanandHolbourn,cerberaltis- for seconds to a few minutes. Once the person
sue may get damaged because of following reasons: recovers consciousness, he may feel some headache
for some time. Memory loss about the incident is
1. Compression of the various units of quite common.
brain by their being forced together. Post-concussion state is defined by headache,
2. Pulling apart of units by tension. nausea, vomiting, unsteady gait, anxiety and mental
3. Shear strain: It is defined as strain fatiguability. The complete loss of memory of
produced to cause adjoining parts of the events before accident or during accident is called
body to slide relative to each other in a ‗retrograde amnesia’(Table 15.1). The concussion
direction parallel to their places of does not produce any significant post-mortem
contact. findings and is not fatal. However, neuronal damage
can be appreciated on electron microscope.
Coup and Contre Coup Injuries
Cerebral Contusions
When an object strikes a stationary head it produces
damage on underneath or at least on the same side When the integrity of cortical area is disrupted due
of impact, it is called ‘coup injuries’. But when an to linear or laminar stresses on brain tissue,
object strikes a moving head, there may be a coup extravasation of blood occurs into the substance of
injury on the site of impact but the cortical damage the affected area.The area gets bruised and swollen,
is seen on the opposite side of the brain, which is and is commonly known as ‘cerebral contusion’.
called ‘contre coup’ injury. Such injuries are quite The size of cerebral contusion may vary from
common in road accidents, fall from height, etc. punctate haemorrhagic spots to a large area.
It is commonly known as ‘stunning’. It is a purely When tearing of brain occurs as a result of injury,
functional disorder, mostly reversible and is minor it is called cerebral lacerations. These are common
in nature. Trotter defined it as: “Transient paralytic in an area which is in contact with bony area, so
state due to head injury which is of instantaneous tips and under surfaces of temporal and frontal lobes
onset, does not show any evidence of structural are the common places.
Table 15.1 Differences between concussion and drunkenness
Intra-cerebral haemorrhages: In severe head second vertebra results in instant death due to
injury intra-cerebral haemorrhages occur crushing of spinal cord.
immediately after the injury; they are called
‗primary intra-cerebral injury’. Whiplash Injury
Sometimes, stroke due to uncontrolled
hypertension causes intra-cerebral haemorrhage, It is commonly seen in roadside vehicular accident
which may be mistaken as a traumatic one. where due to sudden stoppage of motor vehicle,
Absence of either injuries in brain/scalp/skull may there is hyperextension and hyperflexion of cervical
rule out any traumatic involvement. spine at the level of fourth to eighth cervical
Punch drunkenness or goofy: It refers to vertebrae. As a result of this the spinal cord gets
chronic changes in the brain in boxers who receive injured and the person can die at once. Persons who
minor head injuries while boxing. The injuries are having cervical spondylosis are vulnerable.
which boxers are likely to receive are sub-dural,
sub-arachnoid and intra-cerebral haemorrhages, Injury to Thorax and Abdomen
neuronal injury, focal ischaemic lesions, brain
atrophy, etc. The main symptoms are loss of speed They are commonly seen in adults. Children are
and coordination, slurred speech, memory loss, less affected. The common chest injuries are:
behavioural changes like mood vibrations, etc. 1. Concussion of chest.
Some may have pontine haemorrhage, which is 2. Contusions of chest causing pleurisy.
called ‘boxer’s haemorrhage’. 3. Fracture ribs.
4. Flail chest.
SPINAL INJURIES 5. Injury to lungs as wound, laceration, etc.
6. Injury to heart—stab wound, rupture,
Spinal injuries are quite common due to vehicular cardiac tamponade, etc.
accidents, falls and blunt trauma. 7. Injury to major vessels.
8. Injury to trachea and oesophagus.
Concussion of Spine or Railway Spine
9. Incised wounds of abdomen, which may be
penetrating to organs like liver, intestine, or
This condition is commonly seen in railway or
kidneys.
vehicular accidents. There may be paralysis of
10. Blunt injuries to liver, kidneys, intestines,
upper and lower limbs or lower limb alone.
Involvement of bladder and rectum is also seen. etc.
The person may have headache, giddiness and loss The major reasons are road traffic accidents,
of sexual power. The person recovers in 2 or 3 days fall from height, crush injuries, stab injuries, etc.
and also symptoms disappear. Minor external injury
may or may not be there. Injuries to Skeletal System
This condition resembles concussion of brain
and aetiology is, that it is due to momentary It includes all kinds of fractures.
collision of spinal cord with walls of the spinal
column. Medico-legal Importance
Injuries to Face and Neck may be due to stab or blunt trauma. Medico-legal
Injuries to face include abrasions, contusions or importance of these has been individually discussed
burns due to flame or corrosives. Injuries to neck in the previous chapter.
$
Traffic Injuries
compound or comminuted. These are also called vehicle. In such cases injuries to upper and lower
‗bumper injuries’ as bumper is the first part to hit limbs are also very common. Head injuries are also
the body. very common; they are more severe if helmet is
not worn. Fractura in motorcyclists is often found
INJURIES TO TWO-WHEELER DRIVERS to be at the base of the skull due to the severe impact
by hitting the ground.At post-mortem examination,
The injuries to two-wheeler drivers driving the base of the skull appears to be divided into two
motorcycles and scooters are quite common as the halves, each moving independently like a hinge.
vehicle either skids or hits a pedestrian or other Ring fracture may also be seen.
17
Impotence, Sterility and Artificial
Insemination
Impotence is defined as physical incapability to The following are the causes of impotence/sterility
sustain erection to accomplish sexual intercourse. in males:
In males, penile erection may be very feeble or 1. Age: Impotence may be seen in very old or
absent. Even if erection is maintained for some young persons. Boys are generally impotent
time, it may not last till the sexual act is completed. till they achieve puberty, which is around
15–16 years. Some erection may be seen
Sterility means inability to produce children. An
even at the age of 13–14 years. At 15–16
impotent person may or may not be sterile while a
years, the development of genital organs is
sterile person may or may not be impotent. But in
seen. The pubic hair grow. The penis and
some cases, both conditions are present.
scrotum become adult in size.The boys who
Examination of a Male Person for Impotence are at puberty may not be impotent but may
be sterile initially as ejaculation of semen
The court may direct a doctor to examine a person takes some more time.Very old persons may
and report whether he is impotent or not. Such become impotent but still they can produce
examinations are usually ordered in rape cases, children. But in old age, ability to produce
unnatural sexual offences or divorce cases where children also decreases.
impotence is alleged, or in cases of disputed 2. Congenital Malformations: Some
paternity. The doctor should conduct complete malformations like hypospadias, epispadias
physical examination. History of systemic diseases may make a person impotent as penile
like hypertension, diabetes mellitus should be erection may be painful and acute. Other
elicited. In local examination, development of congenital malformations like absence of
penis, scrotum, pubic hair, etc. should be noted. If penis, scrotum may make a person
possible, cremasteric reflex should be elicited. A completely impotent. Impotence may also
brief neurological examination should be done. If be seen in cases of male pseudo-
nothing wrong is found, the opinion regarding hermaphrodites.
impotence should be given in negative format 3. Local Trauma or Diseases: A large
stating that there is nothing to suggest that this inguinal hernia, hydrocele and paraphimosis
person is not capable of performing sexual can cause temporary impotence due to
intercourse. mechanical obstruction. Diseases like
develop reflex spasm of levator ani, the to coincide near-date of ovulation. The semen is
perineal and adductor muscles of thigh.This usually collected by masturbation after an
results in distressing vaginal contraction abstinence of about one week. It is done to increase
rendering penetration impossible. Such sperm count. The semen should be used within 2
cases can be treated by counselling and if hours. Nowadays, with cryopreservation, semen
needed by introduction of special glass rods can be preserved for a long time and frozen semen
to overcome vaginal spasm. can be used when required.
Legal Issues in Artificial Insemination laboratory conditions. The fertilised ovum is then
implanted in the uterus of the biological mother.
The issues involved are as follows: The child is born in natural manner.
1. Legality: In cases where semen of the
Surrogate Mother
husband is used for artificial insemination,
the child is legitimate as child actually
In some cases where a woman is not able to
belongs to the husband and wife.
conceive due to uterine complications like fibroids,
2. Adultery: Since in cases of artificial
malignancy, septate uterus, etc., the ovum of the
insemination donor, there is no actual sexual
woman is taken and is fertilised by the semen of
intercourse as semen is obtained through
her husband in laboratory, and then it is implanted
masturbation and deposited by artificial
in some other woman who acts as a mother. She is
methods, the act does not amount to
called a ‘surrogate mother’. She is not the biological
adultery. mother but delivers the child. She returns the child
3. Nullity of Marriage and Divorce: Sterility
after birth to the biological mother.
is not a ground for divorce. So, mere
artificial insemination is not a ground at all. Medico-legal Issues in In Vitro Fertilisation
4. Legal Suits: If a defective child having
congenital malformation is born, the doctor The following are the medico-legal issues involved
who conducted artificial insemination in in vitro fertilisation:
donor, may be sued by the recipient couple.
1. Sometimes, it is observed that surrogate
So, proper precautions must be taken.
mother may refuse to hand over the child to
5. Future Complications: Since, the advent
the biological mother. Law position in such
of cryopreservation, semen of the husband
cases is not clear in India, although in many
can be preserved for a very long time.
western countries judgements have been
Widow of a person can desire to be pregnant
given in favour of the surrogate mother.
with frozen semen of the husband and may
2. Frozen embryos: Nowadays, in many
give birth to child. In such cases the child is
countries fertilised ova are preserved for a
called posthumous child and a lot of legal
long time by cryopreservation. In such
questions can be raised regarding
cases, many complications can occur, e.g.
legitimacy.
if there is divorce between the couple and
TEST TUBE BABY OR IN VITRO each seeks custody of frozen embryos. In
one case, the couple died in accident leaving
FERTILISATION
behind frozen embryos and one of the
friends of the couple agreed to act as
This is done mainly in cases where woman does
not get pregnant by husband due to various reasons surrogate mother and gave birth to the child.
which are as follows: Such complications can arise in future.
3. If a defective child is born, the doctor can
1. Low sperm count be sued for wrongful birth.
2. Blocked fallopian tube
3. Hostile cervical mucus Recent Concepts
4. Unexplained infertility.
National guidelines for accreditation,
In such cases, ova of the woman is fertilised supervision and regulation of assisted
by the sperm of her husband outside the body in reproductive technique clinics in India:
In 2005, ICMR/National Academy of Medical 10. Possible misuse of ART (sale of embryos)
Sciences, New Delhi, has formulated national and stem cells is banned.
guidelines for accreditation, supervision and 11. Guidelines for patient selection and donor
regulation of assisted reproductive technique clinics selection have been documented.
(ART clinics) in India and these have come into 12. Code of practice, ethical consideration and
force. legal issues have been described in detail.
13. All information regarding clients and donors
The salient features are as follows:
must be kept confidential.
1. Registration ofART clinics have been made 14. Requirements for a sperm donor: Following
mandatory. are the requirements for a sperm donor.
2. Minimum physical requirements for such
(a) The individual must be free of HIV and
clinics have been prescribed.
hepatitis B&C infections, hypertension,
3. Essential qualification for ART team has
diabetes, sexually transmitted diseases
been laid out. It should contain
and identifiable and common genetic
gynaecologist, andrologist and clinical
disorders like thalassaemia.
embryologist supported by a counsellor and
(b) Donor must not be below 21 years or
a programme coordinator/director.
above 45 years of age.
4. ART procedures have been laid out clearly.
(c) Semen analysis should be done to see if
5. Artificial insemination with husband’s
it is normal.
semen is allowed without much formalities.
(d) The complete medical history and
6. Artificial insemination with donor (AID) is
physical characteristics of donor should
allowed. The common indications for this
be noted.
are as follows:
(a) Husband has non-obstructive 15. Requirement for an oocyte donor – Almost
all of the above guidelines should be
azoospermia.
followed except the fact that the age of
(b) Husband has hereditary genetic defect.
donor should not be less than 21 years or
(c) The couple has Rh incompatibility.
more than 45 years.
(d) The women is iso-immunized, has lost
previous pregnancies and intrauterine
transfusion is not possible. Medico-legal Considerations
(e) The husband has severe oligozoospermia
1. ART used for married women with the
and the couple does not want to undergo
consent of the husband does not amount to
any of the sophisticated ART technique
be adultery on part of the wife or the donor.
like ICSI (intracytoplasmic sperm
AID without the consent of husband is a
injection).
ground for divorce.
7. The indications for oocyte donation or 2. Conception of wife through AIH (artificial
embryo donation (ED) have been well insemination homologous) does not
defined. necessarily amount to consummation of
8. Cryopreservation of semen or freezing marriage and decree of divorce can still be
embryos to be done as per procedure. granted in favour of the wife on the ground
9. National Advisory Committee would keep of impotency of husband.
updated new future ART technologies and 3. The child conceived through AID with
legalize them. proper consents would be assumed to be a
legitimate child of the couple who seeks have the right to available medical or genetic
ART and would enjoy all privileges of a information about the genetic parents that
child born to a couple through sexual may be relevant to the child’s health.
intercourse. 5. Children born through the use of donor
4. Children born through the use of donor gametes shall not have any right to know
gametes and their ‘adopted’ parents shall the identity of the genetic parents.
18
Virginity, Pregnancy and Delivery
A woman whose hymen is intact and its orifice does 1. Presumptive signs
not allow penetration of more than one finger can 2. Probable signs
be called a true virgin. 3. Positive signs
In some cases, hymen is elastic and can easily admit The presence of following signs may raise a
more than one finger. In such cases, hymen remains presumption that the woman is pregnant:
Table 18.1 Differences between true virgin and false virgin
1. Breasts: Shape Hemispherical and firm May be pendulous with repeated handling
Areolae Pink areolae Pigmented and Montgomery tubercles may be
there if pregnant
Nipples Pink and small Pigmented and enlarged if pregnant
2. Labia majora Firm and lie in apposition Separated and flabby
3. Labia minora Soft and sensitive, pink Brownish, separate and elongated
4. Clitoris Small May be enlarged
5. Fourchette and posterior Intact Torn
commissure
6. Vestibule Narrow Wide
7. Vagina Narrow, rugae present, Enlarged and roomy, rugae may be absent
walls firm
8. Hymen Intact.Admits only one finger, Loose or folded or thick hymen may be see
insertion painful, membranous Easily admits two fingers. Hymen may be
fleshy
3. X-ray Examination: As the centres of pregnant after her husband’s death to claim
ossification start appearing around 16 property. A woman may bring lawsuit
weeks, X-ray can reveal foetal skeleton. against a man that she is pregnant and he is
X-ray examination should not be routinely refusing to marry her after making promises.
done as it is injurious to the foetus. 2. Criminal Cases: A woman may say that
4. Sonography: It is safest and the best. Here, she is raped by a person and is pregnant.
you can detect foetus as early as 6 weeks. It The question of pregnancy may arise in
is nowadays commonly done to detect cases of infanticide. A woman who is
defects in development of foetus. sentenced to death may say that she is quick
with child and ask for postponement of
Death of Foetus in Utero death penalty.
starts closing in 24 hours. Later on external Signs of Remote Delivery in the Living
os also closes in 2 weeks.
6. Lochia: The discharge from uterus and 1. Abdomen: The muscles may be relaxed and
vagina after delivery is called lochia. abdomen may feel flabby. Linea alba, the
Initially it is red in colour till 4–5 days and mark of distention of abdomen during
is called ‘lochia rubra’. Initially it consists pregnancy may be seen.
of pure blood and clots. Later in 4–5 days, 2. Breasts: They become soft and pendulous.
it becomes serous and pale in colour and is The nipples are enlarged with dark areolae.
called ‘lochia serosa’. After 9–10 days, it 3. Vagina: The vagina is roomy and its rugae
becomes white in colour and is called may be absent. The labia are more or less
‗lochia alba’. It disappears in 2 weeks. separated from each other. Healed vaginal
tears may be seen. The hymen would be
Signs of Recent Delivery in Dead absent and cervix os is wider.
Above signs can be seen in a dead body also. On Signs of Remote Delivery in the Dead
post-mortem examination, uterus would be found
bulky and on opening up may show clot or signs In multiparous woman, the uterus would be larger,
of placenta. Histopathological examination would and heavy as compared to nulliparous woman. The
be of great help. The ovaries and fallopian tubes changes mentioned above may be seen. If much
may be congested. Corpus luteum can be seen in time has passed, it may not be able to give exact
one ovary. period of delivery.
19
Sexual Offences
Sexual assault is an act of sexual intimacy done 6. With her consent—when at the time of
without the consent of the victim, or where consent giving such consent, by reason of
has been obtained by means of threat, fear or fraud. unsoundness of mind, intoxication or the
In our country, sexual assault is a serious offence. administration of any stupefying or
Sexual offences may be described as natural unwholesome substance, she is unable to
sexual offences like rape, or unnatural sexual understand the nature and consequence of
offences like sodomy, buccal coitus, tribadism, what she has given consent to.
bestiality and certain sexual deviations.
Explanation
NATURAL SEXUAL OFFENCES Penetration is sufficient to constitute the sexual
Rape intercourse necessary to the offence.
Rape in India is defined (under Section 375 of the Section 376 of the I.P.C imposes a minimum term
I.P.C.) as an unlawful sexual intercourse by a man, of 7 years imprisonment and a maximum of life
imprisonment for the offence of rape. However, a
1. With his own wife under the age of 15 years,
judge at his discretion can award lesser sentence.
or
2. With any other woman under the age of 16 Custodial Rape
years with or without her consent, or
3. With any other woman above the age of 16 It has been sometimes observed that women are
years, against her will, without her consent, or sexually abused in jails, remand homes, hospitals
4. With her consent—when her consent has or where the woman is in custody and she is not in
been obtained by putting her or any person a position to render sufficient opposition to the act.
in whom she is interested in fear of death or In such cases, provisions of custodial rape are
hurt, or attracted under Section 376C, 376D of the I.P.C.
5. With her consent—when the man knows Section 376-D I.P.C
that he is not her husband and the consent
is given because she believes that he is Whoever, being in management of a hospital, or
another man to whom she is or believes being one of the staff of a hospital takes advantage
herself to be lawfully married, or of his position, and has sexual intercourse with a
woman in that hospital, such sexual intercourse not highest incidence accounting for 22.3 per cent of
amounting to the offence of rape, shall be punished total cases. Among the cities, Delhi and Mumbai
with imprisonment for a term extending up to 5 recorded more crimes numbering 365 and 118,
years and shall also be liable to fine. respectively. In rates, Mizoram [9.3] led the table
So, to constitute the offence of rape it is not followed by Madhya Pradesh [4.3], Dadra and
necessary that there should be complete penetration Nager Haveli [3.9] and Delhi [3.4].
of penis. Partial penetration within labia majora, Victims of rape were maximum in the age
or even an attempt at penetration is quite sufficient group of 16–30 years accounting for 8,414 out of
for the purpose of law. So, it may be possible in a 15,033 reported cases.
rape case, that there is absence of injuries or seminal
stains. Ideally, doctors should refrain from using Age
the word “rape” as it is a legal entity and not a No age is safe for rape. Children are easily abused
medical condition. The doctor should only mention as they can offer less resistance. Small infants even
facts and condition of the victim and state if there
at the age of 4–6 months have also been abused.
is any evidence of sexual activity or not. Even older women are not safe from rape. For
In cases where rape cannot be proved, it may
committing rape, the law of India does not presume
be tried under less serious charge of indecent assault
any limit under which a boy can be considered
on a female committed with intent or knowledge
physically incapable of committing rape. In such
to outrage her modesty. It is punishable under
cases, the development of child along with
Section 354 of the I.P.C. by a term, which may
development of sexual organs has to be taken into
extend up to 2 years, or a fine, or both. A woman
consideration while deciding if he is capable of
may be accused of an indecent assault on a man
performing rape or not.
but not rape.
Socio-economic Status
Consent
Incidences of rape is reported more from lower
According to the law in India, a woman of 16 years
socio-economic strata, as they tend to live in unsafe
and above is capable of giving consent to the act of
and crowded areas.
sexual intercourse. But the consent must be
conscious, free, voluntary and given when she is Examination of the Victim
mentally fit.
In certain sections of custodial rape [under The examination of victim should be done carefully
clause (a) to (g) of subsection (2)] of Section 376 as per provisions of law as they are different from
of the I.P.C. where sexual intercourse is proved and one state to another in India. As per the recent
the question arises whether it was without the judgement of Punjab and Haryana High Court, it
consent of the woman alleged to have been raped is mandatory to get the rape victim examined only
and she states in her evidence before court that she by a female doctor. In Delhi, only a gynaecologist
did not consent (Section 114A, Indian Evidence does the medical examination of a rape victims.
Act). Thus, the onus of proving consent shifts to The examination of a rape victim should be under
the accused from victim in such limited cases. the supervision of a female medical practitioner.
According to National Crime Records Bureau The consent to examine a rape victim should be
Report (1998), there were 15,033 rape cases taken before commencement of examination. It
reported in India. Madhya Pradesh reported the should be in writing. As per the provisions of law,
police or court has no power to compel a woman pubic hair should be examined first, if they
to submit private parts for examination to a medical are found to be matted, they should be cut
practitioner, male or female. off with a pair of scissors to look for
spermatozoa. They should be preserved in
Examination of the Victim
a dry bottle for examination at Forensic
After taking consent, the medical examination Science Laboratory. Dried seminal stains on
should be started in presence of a female attendant external genitals/thighs can be scrapped
or witness if a male doctor examines the patient. carefully, or moistened with normal saline
No attempt should be made to undress the woman. and slides may be made for microscopic
She should be politely asked to remove clothes. examination. If bloodstains are present,they
The exact time of examination, name of the person should also be preserved in a similar manner.
who brought the victim, a short factual summary Bruise or laceration, if any, on external
of incidence should be recorded in medico-legal genitalia may be carefully noted. The
report in the register, which has been approved by examination of hymen should be carefully
the state administration. done now. In a case of rape, hymen may
Two marks of identification of the victim have fresh radiate tears (more in posterior
should also be noted. A short description of the half), the edges of which may be red,
place of occurrence of the event, details of the act, swollen or painful if the examination of the
relative position of parties, whether ejaculation victim is done within 24 hours. These tears
occurred or not, pain during the act, loss of heal within 5 or 6 days, and look like small
consciousness during the act or efforts to resist tags of tissue after 10 days. Frequent sexual
should be recorded. The general behaviour and intercourse/delivery destroys hymen
mental state of the victim should be noted. The completely. There may be cases where
detailed examination should begin in the following hymen may be found to be intact and not
order: lacerated. In such cases, the distensibility
1. Clothes: If clothes are same as ones worn of hymen can be recorded. The fourchette
by her at the time of sexual assault, they and posterior commissure are not usually
should be carefully examined for the injured in cases of sexual assault. The degree
presence of blood or seminal stain or any of injury is dependent on the force used. In
other discharge. The clothes especially small children, the hymen usually escapes
undergarments should be preserved for injury, as it is deep seated but becomes red
examination by Forensic Science and inflamed.
Laboratory. The vaginal secretions from the
2. Injuries: The physical examination of the posterior fornix should be taken either by
body especially forearms, wrist, face, introducing a plain sterile cotton swab or
breasts, chest, inner aspects of thighs, and by introducing 1 ml pipette and sucking the
back should be done to look for scratches, contents. The contents should be
abrasions or bruises caused as a result of immediately transferred to a microscopic
struggle/compression. Teeth marks if any slide in the form of a thin film, and should
may be observed on breasts, nipples, lips, be fixed. The slide can be viewed for
or cheeks. Swabs from teeth bite should be spermatozoa (Table 19.1). In married
taken for the presence of saliva. women, spermatozoa may be present
3. Genitals: The examination should be because of previous sexual intercourse. The
preferably done in lithotomy position. The spermatozoa can be seen up to 1–7 days in
vagina after the last sexual intercourse. Even If it is suspected, relevant tests like ELISA or
if spermatozoa are not present, the western blot may be done at repeated intervals to
estimation of acid phosphatase level can be confirm. If sodomy has been attempted or
done in fluid obtained from posterior fornix performed, then anal swabs from around the anus
to detect presence of seminal fluid. and anal canal may be collected and looked for
spermatozoa/seminal fluid.
Sexually Transmitted Disease
Examination of the Accused
A woman can get venereal disease as a result of
sexual assault, if the person who committed sexual In India, the examination of the accused is done on
assault was suffering from such a disease. A a written request of the police. The person is
discharge may be observed in cases of gonorrhoea. brought, under the custody of police, to a medical
A thin film from the discharge may be made, fixed officer for examination. As per the law, whenever
and stained with Gram’s stain to look for gonococci a person is arrested for committing sexual assault,
under the microscope. The incubation period of a doctor should medically examine him as early as
gonorrhoea is about 2–8 days, therefore in case of possible. In most states in India, the examination
suspicion, another smear may be taken after a few of the accused is conducted either by medical
days to confirm,. If syphilitic sores are seen or officers working in emergency services or a
suspected, serum for dark ground examination for dermatologist and venereologist is called upon for
Treponema pallidum and blood for serological examination. In some centres where forensic
examination should be collected. The incubation experts are available, such cases are referred to
period of syphilis varies from 9–90 days, so samples them. The examination of the accused should be
at a later date may be taken for confirmation. The recorded in medico-legal register duly authorised
sores on genitalia may be due to chancroid, which by the state government. The police constable who
can also be confirmed by making smears to has brought him should identify the accused. This
demonstrate Ducrey’s bacillus, which is a Gram- should be recorded in the report. The consent of
negative streptobacillus with rounded ends. The the accused is not necessary for examination as per
other common infections that are transmitted, are the provisions of the law of India. In fact, a
chlamydial vaginitis and viral STD like herpes. reasonable amount of force can also be applied to
The most important sexually transmitted collect evidence from this person. The marks of
disease is AIDS, which can be transmitted by identification should be noted and left thumb
sexual assault. The chances that a victim may impression of the accused may be taken on medico-
get HIV infection in a single encounter are varied legal report itself. The medical officer should record
(3–5 per cent). preliminary data and then proceed for complete
examination. The examination of clothes should be Samples may be collected of vaginal epithelial
done to detect semen/bloodstain or tears. cells, which adhere to penis during sexual
Undergarmentsshouldbeespeciallylookedforstains intercourse, by taking a wet swab around penis and
and should be preserved for examination by Forensic making microscopic slides. These vaginal cells are
ScienceLaboratory.Acompletephysicalexamination rich in glycogen and stain readily with iodine and
involving all systems like cardiovascular, alimentary, can easily be inspected microscopically.
respiratory and nervous should follow. Previously, it was common to preserve semen
The complete body, especially inner aspects in accused for which accused used to be asked to
of thighs should be examined for mud, blood or provide sample by masturbation. In non-
seminal stains. The genitalia should be examined. cooperative accused, it was obtained by doing
Pubic hair, if matted, should be cut and preserved. prostatic massage. Now, this is not done. Sample
The penis should be examined for injury or some of blood obtained from finger is preserved on a
stain, circumcision, presence of smegma or gauze piece, and is dried and then sealed for
discharge. The cremasteric reflex may be elicited examination by Forensic Science Laboratory.
to rule out neuronal loss. If it is suspected that a
Incest
person is suffering from STD, relevant evidence
may be collected. Incest is defined as sexual intercourse between man
After the examination is over, the doctor has and woman who are related by blood or by
to give opinion on two accounts: marriage, i.e. within forbidden degrees of
1. Whether the person is capable of performing relationship like a daughter, granddaughter, sister,
sexual intercourse or not? stepsister, niece, aunt or mother. In India, incest
2. Whether there is an evidence of recent per se is not a crime unless it attracts provisions of
sexual intercourse? rape. However, in many western countries, incest
is recorded as a crime and is punishable.
The capability to perform sexual intercourse
depends on erection of the penis. It is naturally UNNATURAL SEXUAL OFFENCES
assumed that all normal males who have well
developed sexual organs are capable of erection,
Section 377 of the I.P.C. defines sexual offences
thus can perform sexual intercourse. So,the opinion
relating to “carnal intercourse against the order of
about capability to perform sexual intercourse is
nature with any man, woman or animal”.
given in a double negative form like “there is Penetration is sufficient to prove the offence. The
nothing to suggest that this person is not capable
unnatural sexual offences are punishable with
of performing sexual intercourse.” imprisonment for life or with a term of 10 years
If it is suspected that the person may have some
and also with fine.
erectile dysfunction, he should be examined for
chronic diseases like diabetes, hypertension, Incidence
chronic alcoholism, neuropathies, or some psychic
reasons. The opinion about recent sexual activity In India, unnatural sexual offences as mentioned
can be given if some stain/injury/redness is seen above are quite less in percentage as compared to
on the penis/scrotum. Previously, it was thought western countries. The sodomy is frequent with
that absence of smegma could indicate recent sexual small children working in tea stalls, motor
activity. Now it is not relied upon, as smegma workshops or offices. The sodomy has also been
collection depends on personal hygiene and reported in prisoners or in armed forces, especially
circumcision. those posted in the hilly areas or remote areas.
contact for sexual gratification. In some cases, the He may also make some lewd gesture. It is
clitoris of the woman may be found to be enlarged. a punishable offence under Section 294 of
In some cases, artificial object may be used for the I.P.C.
stimulation. Lesbianism is not punishable as it is 6. Scoptophilia: It is deriving sexual pleasure
not a crime under Section 377 of the I.P.C. It is in anticipation of exposure of one’s genitalia
usually found in females who are living together, or observing genitalia of another with
e.g. in hostels or asylums. orgasm brought by masturbation during or
after the event. Some people get excitement
SEXUAL DEVIATIONS by listening to or making obscene phone
calls.
The common sexual deviations are described as 7. Voyeurism (Peeping tom): It refers to
follows: repetitive seeking for situations where
person of the opposite sex is undressing,
1. Sadism: This is a sexual perversion where taking bath or having sex. It is also like
infliction of pain, torture and humiliation watching porn movies. The males who are
to partner act as sexual stimulants. It may
involved in this are often called peeping
be seen in both the sexes but is common in
toms.
males. Male may inflict injuries by beating
8. Paedophilia: It is defined as preferential
with hands or sticks, or sometimes sexual
sexual activity with children. It may be
organs may be targeted, foreign bodies may
limited to watching them nude or showing
be inserted in vagina and breast may be
genitalia to them or touching young ones to
contused or sometimes, the sadist may get
their nubile sex organs. If sexual intercourse
so excited, that he may murder the victim
is done, it comes into the category of rape
(lust murder) or he may eat her body
or sodomy as the case may be. Many
(necrophagia) after raping her corpse
(necrophilia). celebrities have, in the recent past, been
2. Masochism: It is just opposite of sadism accused of paedophilia. Some perverts enjoy
where gratification is obtained by getting watching porn movies involving children.
beaten, tormentedorhumiliatedbythesexual 9. Necrophilia: It is a perversion when a
partner. It is common in males but occurs in person attains sexual gratification by
females also. The females may invite males watching dead nude body or doing sex with
to inflict pain on her or abuse her. a dead body. Some people are so pervert
3. Fetishism: This perversion is seen in males that they eat some parts of the dead body
only. In this, male gets sexual gratification too. It is called as ‘necrophagia’. This is a
just by seeing some part of the woman or punishable offence where term may extend
her article like undergarment, shoes, clothes, up to one year or a fine is charged or both
etc. are implemented.
4. Transvestism: It is the desire to wear the 10. Troilism: In this, a person gets sexual
clothes of the opposite sex. It is quite gratification by watching his own wife
common in homosexuals. Some performing sexual intercourse with some
transvestites may seek medical treatment to other man.
change their gender. 11. Nymphomania: It is often described as
5. Exhibitionism: It is a deviation in which excessive sexual desire in woman where she
exhibitionist gets pleasure by showing his enjoys having multiple sex partners or
genitals to women, girls, or small children. desires excessive sexual activity.
the right which would advance public several kinds like feeling of guilt and
morality or public interest, would alone humiliation.
be enforced through the process of law. (b) A long term reorganisation phase during
which victim readjusts her life as far as
Legal Rights possible. She may have nightmares and
phobia during such time. In western
Affliction of AIDS and STD raises a lot of legal countries, rape crisis centres are set up to
rights of the victims. The victims may sue the deal with rape trauma syndrome. In such
assailant for damages and criminal intention. If a centres, psychological support is offered
person in full knowledge of the fact that he is through counselling.
suffering from AIDS, sexually assaults a woman/
man with added intention to infect her/him so that RAPE DURING SLEEP OR UNCONSCIOUSNESS
she/he will die, can also be booked under Section
307 (attempt to murder) or under Section 302 I.P.C. Under ordinary circumstances, it is not easy to rape
(murder) if person dies because of that along with a well bodied adult female unless she is thrown
different Sections like 269 and 270 I.P.C. accidentally and is unable to move. She may be
The presence of STD/AIDS on the sexual raped if she is exhausted. It is not possible to rape
partner in case of married couple can be taken by a woman if she is sleeping. It may be possible that
the other spouse as a ground of divorce as it can be she may allow a person to have sexual intercourse
granted easily if this plea is taken in the court of thinking that he is her husband. It is possible to
law. rape a woman if she is unconscious either due to
If a person gets AIDS during discharge of his injury or drugs or alcohol. If a woman has
professional duties as in hospital workers, he can voluntarily taken some drug or alcohol, and then
sue hospital authorities if sufficient infrastructure gives consent under that influence, she cannot
facilities are not available. No worker can be charge a man of rape.
discharged from services only on the fact that he is
HIV (human immunodeficiency virus) positive, his Date Rape
other health parameters also have to be taken into
consideration, if he is fit otherwise, he cannot be Date rape is said to occur when a woman complains
removed from service. that she has been raped by her boyfriend when both
of them have gone together for vacation or a stay
MEDICO-LEGAL ASPECTS OF SEXUAL at some place. She may allege that she has been
OFFENCES given some drug or alcohol with an intention to
get consent.
Rape Trauma Syndrome She may even say that she has been raped in
a hotel room. In India, concept of date rape in not
After rape, woman passes through great mental recognised although many western countries
trauma. According to Sutherland and Scherl, rape acknowledge it. In these cases, less severe
trauma syndrome consists of psychological punishment is given to the accused as it is assumed
responses in victims of rape, of shock, dismay and that the woman has given some sort of consent
non-specific anxiety. Burgess et al. defined rape when she has gone for date with her boyfriend.
trauma syndrome in two stages: There are various drugs available in the market
(a) Immediate or an acute disorganisation which can be easily mixed in alcohol or food,
phase consists of emotional reactions of which make a woman unconscious or
semiconscious and she may consent to sexual sample should be taken from vagina and sent for
intercourse under the effect. chemical analysis. A seminal stain on genitalia or
clothes may be simulated by a solution of starch or
False Charges egg white.
A blood stain may be simulated by application
Sometimes, false charges may be made against a of blood of some bird or animal. In all such
person by introducing chilies into vagina of small suspected cases, samples taken would prove
children to produce congestion. In such cases, wash innocence of the accused.
20
Legitimacy and Medico-legal
Aspects of Marriage Annulment
Wilful neglect for more than 2 years showing Some husbands routinely resort to physical violence
deliberate voluntary withdrawal from living to their wives usually after drinking.
together without the consent of spouse is a ground In such cases, on medical examination, a
for divorce. If husband and wife have been living woman may be seen having multiple injuries of
separately for more than 1 year, they can file for various durations, suggesting that she has been
divorce on mutual consent. beaten on more than one occasion.Abnormal sexual
practices also amount to cruelty.
Cruelty A special provision in Section 498A of the
I.P.C. deals with cruelty, and states that “whoever,
Legally, cruelty is defined as danger to life, limb, being the husband or the relative of the husband of
physical or mental health, or a reasonable a woman, subjects such woman to cruelty shall be
apprehension of such danger. Cruelty can be punished with imprisonment for a term which may
physical or mental. extend to three years and shall also be liable to fine”.
Infanticide
1. False Negative Cases: The lungs which Changes in stomach and intestines
have been expanded with air may sink due
to following reasons: When respiration is established and the child begins
to cry, a small amount of air enters into the stomach
(a) Diseases like bronchopneumonia may
within 5–15 minutes of birth. This small amount
cause lungs to become heavy as the air of air can be detected in the small intestine after
in the alveoli may be replaced with acute 1–2 hours. A portion of this air also passes into the
oedema or pus. large intestine after a gap of 5–6 hours. The air in
(b) Diseases like atelectasis may cause stomach, small intestine and large intestine can be
nonentry of air into alveoli although air demonstrated by dissecting them under water. This
has entered into the respiratory column. is also known as Breslau’s second life test. This
(c) Due to feeble respiration, sometimes air test is useless if putrefaction has started or an effort
may not be able to reach the alveoli, so has been made to give artificial respiration.
the lungs are not expanded although the If water, or food is detected in stomach or small
child has respired. intestine, it is proved that the child has lived for
some time.
2. False Positive Cases: The unexpanded
lungs in these cases may float due to
following reasons: IF BORN ALIVE, HOW LONG DID THE CHILD
SURVIVE?
(a) Putrefaction: Putrefactive gases may
cause floatation of the lungs. Signs of
From the following changes, some idea can be had,
putrefaction on the rest of body may also
of how long did the child survive before dying:
be seen.
(b) Artificial respiration: If a child has not 1. Changes in the Skin: The vernix caseosa
started taking respiration immediately, is present all over the body in a newborn
he is put on artificial respiration and air child, and remains there up to 24 hours. The
is made to enter the lungs forcefully. colour of a newborn baby changes from
This air, after entering alveoli, may bright red to a darker one in 2–3 days and
cause floatation of lungs later on when the baby assumes normal colour in 7 days.
the child is declared dead. 2. Caput Succedaneum: It is prominent at the
time of birth, more so in deliveries done by
When Hydrostatic Test is not Needed forceps. It disappears in 2–3 days.
3. Umbilical Cord Changes: At the time of
In the following conditions, there is no need to
birth, umbilical cord is cut and clotting in
conduct a hydrostatic test: the cut-end stops in 2 hours. The cord starts
1. When foetus is below 180 days of gestation. drying in 24 hours. It starts to shrivel in 3–
2. When there are congenital malformations 4 days and finally falls off on 5th–6th day,
which make life impossible, like monster leaving an ulcer which heals in 10–12 days.
child. 4. Changes in Circulatory System:
3. Signs of intrauterine maceration seen. Umbilical vessels start obliterating as they
4. The umbilical cord is separated from the are not required. They close in about 3 days.
naval which shows signs of cicatrisation. The foetal haemoglobin also starts reducing.
5. Stomach has presence of food, or water can The ductus arteriosus closes in 10 days. The
be demonstrated in small intestine. foramen ovale closes in 2nd–3rd month.
WHAT WAS THE CAUSE OF DEATH? (i) Suffocation: The child may die of
suffocation if respiratory passages are
The cause of death could be natural, accidental, or not clear due to presence of blood,
homicidal. meconium or liquor amnii. Suction
should be initiated immediately to save
1. Natural Causes: The following are the
the child. A child may also die of
natural causes:
suffocation, if he/she is wrapped closely
(a) Immaturity: It is one of the commonest in clothes.
reasons where child is born before full (ii) Precipitate labour: In this, a child is
gestation. born without the mother’s knowledge
(b) Congenital diseases: Death could be and child may fall on ground or lavatory
due to syphilis or plague. pan and may get injuries. Such labour
(c) Malformations: Monster child like is possible in a multiparous woman with
acephalous or anacephalus may not a roomy pelvis, or if the child is quite
survive longer. small and can come out without effort.
(d) Haemorrhage: Haemorrhage occurring Precipitate labour is not common.
due to placenta previa or any other
reason from uterus, umbilical cord or
HOMICIDAL OR CRIMINAL CAUSES
vagina can cause death of foetus or
mother.
The child may die because of:
(e) Rh incompatibility: This is also one of
the reasons for death. 1. Act of Commission: When wilful
mechanical violence is used to kill the child
2. Accidental Causes: Accidental death of the or the child is poisoned.
child can occur during birth or after that. 2. Act of Omission: It is due to neglect of the
During birth, death may occur due to: child.
(a) Prolonged labour
(b) Prolapse of cord Act of Commission
(c) Strangulation due to knots around the neck
by umbilical cord (a) Suffocation: On birth, the child is killed by
(d) Inadequate pelvis: Pelvis size may be applying pressure by a pillow or soft tissue
smaller, or the child is bigger. or introducing foreign body in the
(e) Injuries: Heavy blows on the abdomen of respiratory passage. The child may also die
a pregnant woman can cause death of foetus. if the mother overlays intentionally over the
In such cases,the woman may start bleeding child. The child may also be suffocated
immediately after the blows. Child may get while applying pressure on chest.
injured while coming out of pelvis. Child (b) Strangulation: It is also a common method
may get injuries sometimes, if delivered by of killing a small child. A ligature like
forceps. pyjama, tape or any cord may be used.
(f) Death of mother: If mother dies Sometimes, umbilical cord is used to
accidentally during labour or otherwise, strangulate, to mimic natural death. Child
child in the uterus would die if not taken may well be throttled.
out immediately. The child may die after (c) Drowning: In some communities the child,
birth because of following reasons: especially a female child, is killed by
plunging the face into milk so that milk is years or fine, or both, for any person who
aspirated into respiratory passage causing exposes a new born child to any place with
death. This custom is called “Dudh Pita the intention of abandoning it and death
Karna.” Sometimes, a live child may be does not supervene. The offender would be
thrown in a river or pond to kill him/her, or punished for murder if death occurs.
a child may be thrown into water often first 2. Section 318 of the I.P.C. defines punishment
killing him/her by strangulation or for a maximum of 2 years or fine or both in
suffocation.
cases where the mother is charged with
(d) Mechanical violence: The child may be
concealment of birth by secretly burying or
killed by hitting her/his head with an object
otherwise disposing off the dead body of
causing fractures or head injury. The
fracture/dislocation of neck may be caused the newborn child.
by forcibly rotating the head of the child.
The child may also be killed by inflicting Caffey‘s Syndrome
fatal injuries by sharp-edged weapon.
(e) Poisoning: A small child can easily be killed It is also known commonly as ‘battered baby or,
by giving poisons such as opium. child abuse syndrome’. They are usually small
children often less than one year but may be less
Act of Omission than 4–5 years of age. They usually have multiple
injuries of various durations. It suggests that the
Failure to take proper precautionary steps during child has been beaten many a times over a certain
child birth are acts of omission. The following are period of time. They may have multiple rib injuries,
some of the examples:
multiple bruises over various parts of the body.
(a) Omission to take proper medical care. It is Usually, parents deny any injury happening to child
presumed that the woman who is going to accidentally. These children usually come from
deliver has contacted a medical practitioner problem families having multiple problems like
or paramedical staff in advance to take care parental maladjustment, foster parents, alcoholism
of her and her baby during delivery. or poverty in family. Sexual abuse of the child may
(b) Omission to ligate the cord after the cord is also be seen in such cases.
cut, otherwise haemorrhage may bleed the
child to death. SUDDEN INFANT DEATH SYNDROME OR
(c) Omission to remove child from the COT DEATHS
discharges from mother and failure to
remove the discharges present in respiratory
These are unexpected unnatural deaths seen in
passages by suction.
young infants. They are found dead in the morning
(d) Omission to protect from cold or heat of the
with no previous history of illness. They are
environment.
commonly seen in the age group of 1–6 months,
(e) Omission to provide proper food and care
most commonly at 3 months. The incidence is
to the newborn child.
around 1–2 per 1000 live births. On post-mortem
Relevant Legal Sections examination, no obvious cause is seen. Although
the exact reason of such deaths is not known but
1. Section 317 of the I.P.C. provides the following are some of the hypotheses advocated
punishment for a maximum term of seven by some authors:
anencephaly, big head, Turner’s mentally ill. In such cases, consent from
syndrome, Down syndrome, etc. parents or guardians can be taken. Consent
(iii) Humanitarian: If the pregnancy has of the husband of the married woman is not
been caused by rape, it can be terminated necessary.
under humanitarian grounds. Emergency cases: In case of emergency
(iv) Social grounds: Social grounds apply any registered medical practitioner of any
for termination in case of a married specialty irrespective of obstetrics and
woman where: gynaecology can terminate pregnancy at any
– Pregnancy has resulted due to failure place, irrespective of duration if it is done
of contraceptive methods adopted. to save the life of the pregnant woman.
– Continuation of pregnancy can cause (b) Criminal abortion: When the abortion is
injury to physical or mental health not done as prescribed under Medical
of the woman by changing social or Termination of Pregnancy Act, it is called
economic environment. ‗criminal abortion’ and is punishable under
The termination of pregnancy has to be law.
done at a government hospital or any Most of the criminal abortions are done
nursing home or hospital duly authorised within first 3 months of pregnancy. In India,
by government authorities. If the duration female foeticide is very common as some
of pregnancy is less than 12 weeks, one people have a strong desire for male child.
registered medical practitioner can terminate They keep on doing female foeticide till the
it. But if the pregnancy is above 12 weeks woman is pregnant with a male child. In
but less than 20 weeks, two medical some communities where dowry demands
practitioners are required for termination. are quite high, female foeticide is very
No pregnancy above 20 weeks can be common. They get to know the sex of the
terminated except when warranted to save foetus by ultrasound. The sex of the baby is
the life of the woman (under therapeutic differentiated at 4 months of gestation and
grounds). The registered medical can be easily detected by ultrasound. If the
practitioners conducting the termination of foetus is a female, parents opt for abortion.
pregnancy must be registered with medical In order to prevent foeticide, the
council and be duly competent to conduct Government of India has banned ultrasound
abortion. A medical practitioner with M.D. examination for detection of sex under the
degree in obstetrics and gynaecology or Pre-conception and Pre-natal Diagnostic
diploma in gynaecology and obstetrics or Techniques (Prohibition of sex selection)
MBBS degree holder who has assisted in at Act, 1994.
least 25 cases of medical termination of In poor families, criminal abortion is
pregnancy under supervision is competent common as they cannot afford to go to
to perform abortion under the Act. private clinics for abortion, and opt for
The place where termination is done unskilled health workers for abortion.
should be well equipped with facilities for Although in a government hospital there is
the operation and administration of no charge for MTP, still abortion by
anaesthesia and should be recognised by unskilled workers is quite common in India.
competent authorities. WHO has defined ‘unsafe abortion’ as
Consent: Consent of the woman is abortion not provided through approved
mandatory except when she is minor or facilities and/or persons.
(b) Sterility: In some cases, sterility may body may appear pale if she has died of
occur if uterine mucosa is also denuded haemorrhage. Local examination is very crucial
at the time of operation. (Table 22.1). Examination of vagina and uterus may
(c) Uterine adhesions: These may also be done for injury, presence of products of
occur. conception, foreign body like pin, abortion stick,
discharge, etc. If death has occurred due to air
embolism, signs of embolism may be present. If
Medico-legal Significance
death has occurred due to sepsis, pus may be seen
A doctor may be called upon to opine on: in uterine cavity. Sometimes, perforation of uterus
or intestine may be seen.
(a) Whether a woman has aborted recently.
(b) Examination of a dead woman who may Examination of Aborted Material
have died during criminal abortion.
The doctor may be asked to opine sometimes on
Signs of Recent Abortion in Living
the aborted material to know the age, sex and
A woman who has recently aborted may show the development of the aborted foetus. The aborted
same signs as found in a pregnant woman of the material should be examined carefully as the
same gestation. In this, local examination should foetus may be in multiple pieces due to
be carefully done.A slight discharge may be seen. instrumentation. To determine the age of the
The cervical os may show some discharge and foetus, there is generally a rule called Haase’s
slight opening. Some tears in vagina due to rule, which states that to know the age of foetus
application of instruments, may be seen. If a up to 5 months, the square root of the length of
woman has recently delivered, her general physical the foetus should be taken while after 5 months,
condition remains bad for 1 or 2 days. the length of the foetus should be divided by 5 to
know the age in months. So, up to 25 cm of length
Examination of Dead Woman Who has Died of foetus (about 5 months of gestation) the square
of Criminal Abortion root should be applied to know the age in months.
Above 25 cm of foetal length it should be divided
Here, the signs of pregnancy would be visible by 5 to know the foetal age in months. The
outside the body corresponding to the period of following developments in the foetus should be
gestation. Breast may show enlargement.Woman’s remembered to know the developmental cycle:
1. First Month: Length is about 1 cm. Eyes 5. Fifth Month: Length is 25 cm, weight is
as dark spots can be seen. Very short cord 300 gm. Hair seen on scalp. The centres of
can be seen. Mouth is seen as cleft. If ossification are seen in os pubis. Bile is seen.
abortion is done at this stage, embryo can 6. Sixth Month: Length is 30 cm, weight is
be missed in blood clots as it is very small. 700 gm. Centres of ossification are seen in
2. Second Month: Length is about 4 cm. sternum. Eyelashes start appearing.
Mouth and nose are separated.Anus appears 7. Seventh Month: Length is about 35 cm,
as a dark spot. Sex is indistinct. Centres of weight 1400 gm. Centres of ossification
ossification are seen in mandible, clavicle, commence to form in talus. Generalised
ribs, vertebrae. development is seen.
3. Third Month: Length is about 9 cm. 8. Eighth Month: Length is 40 cm and weight
Placenta is developed. Head is separated is 2 kg. The centre of ossification is seen in
from the body by the neck. The eyes and last vertebrae of sacrum. This month, the
mouth are closed. The sex is still not clear. foetus becomes viable from medico-legal
Centres of ossification are seen in in most point after 210 days.
bones. The heart is divided into two 9. Ninth Month: Length is 45 cm, weight is
chambers. 2.5 kg. The scrotum receives the two testes.
4. Fourth Month: Length is about 16 cm. Centre of ossification in lower epiphysis of
Weight is 100 gm. Sex can be differentiated. femur is present.
The skull bones are partly ossified. Foetus 10. Tenth Month: Mature child is ready for
can be seen on X-rays. The gall bladder is independent existence. Length is 50 cm and
forming. weight is about 3 kg.
23
Insanity and Forensic Psychiatry
The following is the classification of mental 2. Neurosis (Minor Illness): The following
diseases according to the World Health are the common types of neurosis:
Organisation: (i) Anxiety neurosis.
1. Psychosis (Major Illness): It may be of (ii) Depression.
following types: (iii) Hypochondriacal.
episodes of amnesia. This stage is seen in water may be seen at places.A rope may be
depression, schizophrenia and other mental seen as a snake at night. Illusions are usually
disorders. of three types:
11. Hallucination: It is a false sensory (a) Completionillusion:Whereanunfinished
perception which manifests without any pattern is completed by illusion.
cause or objective or stimulus. They are (b) Affect illusion: In this, mood of the
usually of the following types: person affects the nature of illusion.
(c) Parabolic illusion: When human faces
(a) Auditory hallucinations: Here, the
or images are seen in illusion.
person hears voices of known or
In illusion, the person may be corrected
unknown persons. They are quite
common in schizophrenia. In some cases when confronted with facts. He realizes
a person hears a command from God or that it was a misinterpretation of
Satan to do certain acts which may land stimulus.
up the person in conflict with law. 13. Impulse: This is defined as a sudden and
(b) Visual hallucinations: The person may irresistible force which compels a person
see lights or images or scenes. Such to do some action without motive or
hallucinations are quite common in thinking. Normally, a normal person always
schizophrenia, epilepsy and drug tries to analyse his actions whether they are
withdrawal syndromes. consistent with law or not. Once he realises
(c) Olfactoryandgustatoryhallucinations: that his action may be contrary to law he
Such hallucinations involving smell and stops it. But in impulse, a person is not able
taste are quite common in organic brain to control himself.
disease, depression, etc. The following types of impulses are seen
(d) Tactile hallucinations: They are in clinical practice:
commonly seen in cocaine addiction (a) Kleptomania: An irresistible desire to
wherebugsseemstobecreepinginlayers steal things usually of low value.
of skin. (b) Pyromania:An irresistible desire to set
Hallucinations are very important things on fire.
from the medico-legal point of view as (c) Mutilomania:An irresistible impulse to
mostly, hallucinations pin-point to a maim animals.
major mental illness, although (d) Dipsomania: An irresistible impulse to
physiological hallucinations usually at drink at periodic intervals.
the time of sleep or arousal are reported (e) Sexual impulses:Allsexualperversions.
in normal individuals. (f) Homicidal impulses: To kill some
(e) Lilliputian: In this a person perceives persons.
objects to be of a much smaller size than (g) Suicidal impulses: To commit suicide.
they actually are. Impulses are quite commonly seen in
(f) Synaesthesia:In this, a person perceives various mental disorders like depression,
a different sensation from a different schizophrenia, mania, etc.
organ like he may visualize music or (h) Trichotillomania: It is an irresistible
hear different colours. desire to pull out one’s own hair.
12. Illusion: It is false perception due to 14. Lucid Interval: It is a phase of sanity
distortion of real sensory stimulus. Optical between two episodes of insanity. In this,
illusions are quite common in deserts where the person is completely normal and is
legally answerable for all his actions. He 18. Psychopath: It refers to individuals who
can execute will or do any testamentary have psychopathic personality. They are
instruments. Lucid interval is commonly usually antisocial and have long criminal
seen in manic-depressive psychosis. It has records. They have no remorse feeling and
great medico-legal significance. are not amenable to counselling. Some of
15. Obsession: An obsession is defined as a them have extra Y chromosome in their
persistent and irresistible thought, image, chromatin.
affect or impulse that cannot be removed 19. Dementia: It is defined as degeneration of
by the sufferer although he knows that this mental faculties once they have been fully
is foolish. He continues to suffer. When this developed. Dementia can occur at any stage
converts into action, it is called of life. Usually, higher functions of life are
„compulsions‟. The person keeps on impaired. Dementia may be due to old age
repeating foolish behaviour though realising (senile dementia),Alzheimer’s disease, head
that it is untrue. Normal persons also injury,epilepsy,alcohol, etc.Usually, persons
sometimes have obsessions but they sufferingfromdementiaremainwithinsocial
overcome them over a period of time. But fabric without breaking the law.
once it becomes pathological, it may turn 20. Mental Handicap: It refers to mental sub-
into obsessive compulsive neurosis. The normality in an individual, acquired at the
common examples are: time of birth or early childhood. Intelligent
(a) the person may keep on checking the locks quotient is low. It is usually of the following
even though he knows that he has bolted types:
them well. (a) Idiocy: Here, I.Q. level is around 20.
(b) The person may keep on washing hands for The person is mentally retarded severely.
hours. He may be associated with some other
16. Phobia: It is an excessive or irrational fear genetic problems too. He may need
of an object or situation. Common phobia physical and mental rehabilitation to
include: lead a normal life. Usually, idiots remain
cheerful as their achievement goals are
(a) Claustrophobia: Fear of enclosed spaces. almost absent and they can lead their life
(b) Agoraphobia: Fear of open spaces.
easily on a survival basis.
(c) Fear of flying in aircraft.
(b) Imbecile: Their I.Q. level is between 20
(d) Fear of animals, snakes, lizards.
and 50. They are incapable of managing
17. Psychosis and Neurosis: There are theiraffairsthemselves.Theyalsorequire
differences commonly seen between these physical and mental rehabilitation by a
two main mental illnesses (Table 23.2). therapist to lead a normal life.
Table 23.2 Difference between psychosis and neurosis
Psychosis Neurosis
1. Severity Major Minor
2. Genetic predisposition Present Absent
3. Insight Person says he is well and Person feels that he is
does not require treatment ill and needs treatment
4. Contact with reality Lost Present
5. Empathy Lack of empathy Present
(c) Feeble mindedness: Their I.Q. level is (a) Simple schizophrenia: It is the
between 50 and 75.They appear normal commonest type. It mainly affects the
but their mental faculties, especially moodoftheperson.Heremainsdepressed,
intelligence, is less as compared to a talks very little and is withdrawn. The
normal person. They are usually school motor activities are quite less.
dropouts. They do not fare well in (b) Hebephrenia: In this type, the thought
academic and financial career. They may process is primarily derranged.
get easily involved in criminal activities. Incoherence of thoughts, delusions and
hallucinations are reported. The motor
Psychosis activities are also quite less.
(c) Catatonic: In this type, the behaviour
Psychoses are usually of the following two types: of the person is primarily abnormal.
1. Manic-depressivePsychosis: Itis expressed There is a wild excitement and violent
in following two phases: and abusive behaviour. Homicidal and
suicidal tendencies are very high. The
(a) Mania phase: In this, the person is very person may assault someone on minor
active, full of life, talking too much, provocations. Sometimes, the person
mostly irreverent, the mood is elated and may be so violent that he needs to be
he does some action continuously. But restrained by force.
he does not have touch with reality. He (d) Paranoid schizophrenia: Suspicion is
can commit any crime during this phase. the primary thought process in this type.
Sleep is very less. Appetite is also less. The person may be thinking that some
(b) Depressive phase: It is just the reverse persons are behind him and can kill him.
of mania. The person is very sad, mood He may have suspicion about his wife,
is depressed. The person sits alone and parents, kids, friends and colleagues. It
may speak very little. Touch with reality occurs more in males than in females.
is not there. He may commit suicide. The Delusions are very common. Usually,
motor functions are also quite depressed. personality is well preserved and these
A person suffering from manic- people are detected as suffering from
depressive psychosis may fluctuate mental illness after a long time.Auditory
between the two phases of mania and hallucinations are quite common. He
depression. It may be possible that the may commit crime as he thinks people
person may be normal between the two are after him.
phases of mania. This may be lucid Schizophreniaisamajorillness.Itisquite
interval and the person is completely common in the lower strata of society.
responsible for his actions.
2. Schizophrenia: Literally it means Neurosis
disintegration of mind. Commonly also
Neurosis is a minor mental illness. It is of following
called ‘split personality’. The exact reason
types:
of schizophrenia is not known but it runs in
families. There is a complete loss of reality. 1. Anxiety Neurosis: It is a very common
Depending upon the changes, the following variety. The person remains anxious about
arethetypesofschizophreniacommonlyseen: future events, relationships and individuals.
His pulse rate may be high, blood pressure or somatic illness, person may get into
raised, respiratory rate high and he may be depression. Counselling, along with
sweating. He may be restless, confused and drugs is very useful.
apprehensive. Treatment usually involves
(e) Hypochondriacal depression: In this
counselling and use of anti-anxiety drugs
type of neurosis, the person usually
like diazepam. Meditation also helps a lot.
complains of vague aches and pains and
2. Depression: Itisthereverseofanxiety.Here,
may keep on visiting many physicians
a person would be aloof, sad and withdrawn.
but of no avail. Usually no treatment is
His motor activities would be quite less. He
effective.
mayhavealow appetiteandmaynoteat well.
However, in chronic cases of depression, the 3. Obsessive-compulsive Neurosis: As
person may keep on eating the whole day, described earlier, obsession is a foolish
while withdrawn at home and hence may thought which a person knows but cannot
gain weight. The following are the types of avoid. But once this thought turns into
depression commonly seen: action, it is called compulsion and may lead
to obsessive-compulsive neurosis.
(a) Reactive depression: It may be due to
Common examples are repeated washing
some event or situation like the death of
of hands to remove dirt, continuous
spouse or a near one, failure in exam,
checking of already locked premises, etc.
love, etc. It usually remains there for
sometime. Some form of reactive 4. Hysterical Neurosis: It is usually seen in
depression is seen in all individuals. females where there may be convulsions
Usually, with counselling and use of or stoppage of breath. Tonic and clonic
anti-depressive drugs, most come out of convulsions are reported. It should always
it. be differentiated from epilepsy, which it can
(b) Endogenous depression: It is more be confused with. In hysterical neurosis,the
serious as its aetiology is not known and person will never get hurt or bite the tongue,
develops slowly. Early morning as it is seen in epilepsy. Some cause or
awakening, loss of appetite and mood intention can be found out in hysterical
depression are quite common. This neurosis while in epilepsy usually no cause
depression may be associated with is found. Hysterical neurosis can be treated
psychosis too, where it carries a bad with counselling or correction of the
prognosis. Usually with anti-depressive underlying cause (Table 23.2).
drugs, most of the individuals recover. Psychoses Associated with Organic
(c) Puerperal depression: A woman who Diseases or Drugs
has recently delivered may have
depression commonly called ‘puerperal These are of the following types:
depression‘. She may even kill her infant 1. General Paralysis of the Insane: It is due
during this time. to syphilitic infection, which, when affects
(d) Involutional depression: During the the brain cells, causes degeneration of
age group of 50–60 years, depression neuronal cells which slowly leads to
may set in. Delusion of hopelessness and paralysisanddementia.Assyphilisinfection
unworthiness may be present. Due to isdetectedearlynowadays,generalparalysis
development of hypertension, diabetes of the insane is not as frequently seen now
as in the past. It starts quite late after syphilis The Act also defined certain terms, viz.:
infection (10–20 years) and manifests as 1. Medical Officer: It means a gazetted
headache, giddiness,followed by personality government doctor appointed by the
changes. state government.
2. Psychosis due to Epilepsy: Psychosis does 2. Mentally Ill Person: A person suffering
develop in some cases of epilepsy, but not from mental disorder other than mental
in all, especially in the untreated ones.There retardation, and requires treatment.
are bouts of uncontrollable mania, followed 3. Mentally Ill Prisoner: A mentally ill
by normalcy. Hallucinations and delusions person ordered for detention in a
are reported. Sometimes twilight state is psychiatric hospital, jail or other safe
seen. Twilight state is seen as narrowing of custody.
fields of consciousness of short durations, 4. Psychiatric Hospital or Nursing
followed by amnesia. Visual hallucinations Home: A hospital for mentally ill
are quite common. Behavioural changes are persons maintained by government or a
seen. private party, with facilities for out-
3. Psychosis due to Head Injury: Sometimes, patient treatment and registered with
as a result of head injury, there may be appropriate licensing authority.
discontinuation or damage of neuronal cells, 5. Reception Order: It means an order for
or there may be space occupying lesion due admission and detention of a mentally
to haemorrhage, or direct damage. It may ill person in a psychiatric hospital or
sometimes cause behavioural changes in the nursing home.
individual. This may worsen, leading to 6. Relative: It includes any person related
psychosis. to a mentally ill person by blood,
4. Psychosis due to Chronic Alcoholism marriage or adoption.
(Korsakoff‟s Psychosis): It is characterised
by loss of memory, confabulation and Immediate Restraint
disorientation to time, place or person. The
According to the Act, if a mentally ill person is
person may have ataxia, peripheral neuritis
and encephalopathy. dangerous to himself or others, or likely to injure
5. himself, squander his property or that of others, he
Psychosis due to Drugs: Narcotics like
can legally be kept under immediate restraint in a
opium, cannabis, cocaine, LSD, dhatura,
psychiatric hospital.
etc. may cause psychosis on long-term use.
Immediate restraint under the care of family
RESTRAINT OF A MENTALLY ILL PERSON or relatives may be imposed with the consent of
lawful guardians, or without their consent if
The Mental Health Act 1987 replaced the Indian urgently required. This restraint is only up to the
Lunacy Act 1912 and introduced new terms as time the person is having symptoms of mental
follows: disease/danger to others.
Outdated terms New terms Admission on Voluntary Basis
1. Mental asylum Psychiatric hospital or
nursing home If a person thinks that he is mentally ill and desires
2. Lunatic Mentally ill person or to get admitted in a psychiatric hospital for
mentally challenged person
treatment, he can request the medical officer-in-
3. Criminal lunatic Mentally ill prisoner
charge for being admitted as a voluntary patient. If
a person is minor, legal guardian can request on 1. The mentally ill person is suffering from
his behalf. If a medical officer-in-charge thinks that such mental disorder that he needs
the person needs admission, he can admit him admission for more than 6 months, or
within 24 hours. If the admitted person wants to 2. That it is necessary in the interest of the
leave the hospital he can request the medical officer- health and personal safety of the mentally
in-charge, who can discharge him on request within ill person or for the protection of others that
24 hours of the receipt of the request. such person shall be detained in psychiatric
Admission under Special Circumstances hospital; he may make an application to the
magistrate for reception order.
Any mentally ill person who does not, or is unable Similarly, the wife or husband or a relative can
to express his willingness for admission as a submit an application for the reception order for
voluntary patient, may be admitted as an in-patient detention of the mentally ill person into a
in a psychiatric hospital on an application made on psychiatric hospital. On receipt of application for
his behalf by a relative or a friend if the medical a reception order, the magistrate may issue
officer-in-charge is satisfied, that in the interest of reception order if he is convinced.
the mentally ill person, it is necessary to do so,
provided he should not be kept admitted for a period Reception Order on Production of Mentally Ill
exceeding 90 days except in accordance with the Person before the Magistrate
provisions of the Mental Health Act, 1987. Every
application under this provision shall be in a If a police officer sees a mentally ill person
prescribed form and be accompanied by two wandering on streets and thinks he is incapable of
medical certificates from two medical practitioners, taking care of himself, or if he thinks that this
of whom one shall be in government service, stating mentally ill person is dangerous due to his mental
that condition of the mentally ill person is such that illness, he may detain a person in his custody and
he should be kept under observation and treated in produce him before a magistrate. Once produced
a psychiatric hospital. If medical certificates from before the magistrate, he may examine the person
two medical practitioners are not there, even then to assess his capacity to understand, or get him
the medical officer-in-charge of a psychiatric examined by a medical officer. Once this is done,
hospital can admit the mentally ill patient after the magistrate may pass a reception order for the
getting him medically examined by two medical detention of the mentally ill person in a psychiatric
practitioners working in the hospital. hospital.
Reception Order on Application Order in Case of Mentally Ill Person Cruelly
Treated or Not under Proper Care and Control
An application for a reception order may be made
by: If a police officer finds that a mentally ill person is
1. Medical officer-in-charge of a psychiatric cruelly treated or not under proper care and control
hospital. by family members or relatives, he may report to
2. Husband, wife or any other relative of the the magistrate of the area and seek orders. The
mentally ill person. magistrate in this case, after being convinced, may
It is possible for them to do so if the medical pass orders requiring the family members or
officer-in-charge of the psychiatric hospital where relatives to take care of such mentally ill person. If
the mentally ill person is admitted under temporary they do not follow orders, punishment can be
treatment order is satisfied that: awarded.
Admission and discharge of mentally ill or not. It may be possible that the person may be
people: mental ill, still may be able to look after his
property. After holding judicial inquisition, the
1. Admission as In-patient after Inquisition:
court may decide as follows:
If any court is holding an inquisition under
Chapter VI of Mental Health Act, it may 1. If the court records that the person is
pass an order to admit a mentally ill person mentally ill and is incapable of taking care
into a psychiatric hospital if the court is of himself and of managing his property, it
satisfied that it is in the interest of the patient. may order for the appointment of a guardian
2. Admission and Detention of Mentally Ill to take care of his person, and of a manager
Prisoner: The court may pass an order to for management of his property.
admit a mentally ill prisoner to a psychiatric 2. When the court finds that the person is
hospital if it is convinced that he needs mentally ill, can take care of himself but
admission. cannot manage his property, it may issue
3. Discharge Order by Medical Officer-in- an order for the management of his property.
Charge of Psychiatric Hospital: Medical The manager appointed by the court has full
officer-in-charge of a psychiatric hospital powers to manage the property and can
may discharge the patient based on execute all conveyances and instruments to
recommendation of two medical such effect but has no power to mortgage
practitioners, one being a psychiatrist. or sell such property without permission
from the court.
CIVIL RESPONSIBILITY
CONTRACTS — RESPONSIBILITY
The mentally ill person may not be able to handle
Under India ContractAct, if one party is of unsound
his property affairs due to mental illness. The
mind at the time of signing contracts, the contract
Mental Health Act 1987 details the procedure to
would be invalid in the eyes of law. Similarly, if at
be adopted in such a case:
the time of marriage, one party by reason of
Judicial inquisition regarding alleged
unsoundness of mind, is unable to understand the
mentally ill person possessing property, custody
nature and responsibilities of the marriage, such
of his person and management of his property:
marriage would be declared null and void. However,
An application may be moved before the district
unsoundness of mind developing after marriage is
court by a relative, or public curator, or an advocate
no ground for divorce. Minor mental illness even at
general for judicial inquisition into the mental
the time of marriage is not a ground for divorce.
condition of the person. On receipt of the
application, the court issues notice to produce the Evidence
person in the court.The court may order his medical
examination by a psychiatrist or a psychiatric Section 118 of the Indian Evidence Act states that
hospital. While submitting the report, the a lunatic is not competent to give evidence if he
psychiatrist should mention in his report whether cannot understand questions put to him and answer
the person is suffering from a mental illness or not. rationally. But if he is in lucid interval, he can give
The report should be a detailed one; it should evidence. It is left to the judge to decide whether
specify the extent of mental illness and whether to give credence to evidence given by a mentally
the person is capable of looking after his property ill person or not.
the murder may be charged the under Section 304 hypnosis to commit some act which he would not
of the I.P.C. rather than Section 302 of the I.P.C. do in normal circumstances. It is a wrong
Section 304 the of I.P.C. prescribes less sentence impression that a person may commit murder under
as compared to Section 302 of the I.P.C. hypnosis.
24
Miscellaneous Topics
2. Misuse by Hospitals to Reduce Health- The U.N. convention against torture and other
care Cost: Some hospitals may have cruel, inhuman or degrading treatment or
patients, on whom they have to spend a lot punishment has defined torture as:
of money as they may be admitted in ―Any act by which severe pain or suffering,
intensive care units for years, may be whether physical or mental, is intentionally
declared as terminally ill and may be inflicted on a person for such purposes as
considered for euthanasia. obtaining from him or third person, information
3. Importance and Value of Life would be or a confession, punishing him for an act he or
Reduced in the Eyes of People. third person has committed or is suspected to have
committed, or intimidating or coercing him or a
Euthanasia and Assisted Suicide third person, or for any reason based on
Nowadays, concept of assisted suicide has also discrimination of any kind, when such pain or
developed. The difference between euthanasia and suffering is inflicted by or at the instigation of or
assisted suicide lies in who performs the last act to with the consent or acquiescence of a public
cause death. official or other person acting in an official
In euthanasia, it is other person who performs capacity. It does not include pain or suffering
the last act which causes death. For example, when arising from, inherent in or incidental to lawful
a doctor gives a lethal injection, it is called sanctions.‖
euthanasia. But in assisted suicide, it is the person In Indian law, torture is punishable with a term
who himself performs the last act which causes extending up to 7–10 years vide Sections 330 and
death. For example, patient himself injects or drinks 331.
the poison provided by the doctor for causing death.
It is also called as physician assisted suicide.
Methods of Torture
(d) Finger torture: Pencil or a small object is (g) Drugs: Drugs may be given to facilitate
kept between fingers and pressed on. confessionslikemusclerelaxants,thallium,etc.
(e) Hair torture: Pulling of hair or dragging 3. Sexual Torture: The following are sexual
by hair. torture techniques followed commonly:
(f) Suspension: The victim may be suspended
(a) Sexual torture using instruments:
by legs, hands or hair and may be beaten
with rods. (i) Penetration of vagina or anus by batons,
(g) Forced position: The person may be forced rods, bottles or similar objects.
to remain in forced positions for hours. (ii) Suspension of weights on penis or
(h) Electric torture: Electrodes may be kept scrotum.
on ears, tongue, genitalia or nipples. Small (iii) Electric torture of the sexual organs.
currents are passed which are very painful. (iv) Mutilation of breasts, genital organs.
(i) Suffocation: This is of two types: (b) Sexual torture without the use of
(i) Wet submarine: When head is thrown instruments:
into water, blood, urine or vomitus.
(i) Verbal sexual abuse and humiliation
(ii) Dry submarine: When a plastic bag is (ii) Undressed in front of others
applied on the face. (iii) Rape by person of the opposite sex
(j) Burning or cold torture: When heat or cold (iv) Sexual assault by person of same sex
is applied to torture. (v) Squeezing breasts
2. Psychological Torture: The following are (vi) Forced to masturbate in front of others
the common types of psychological tortures which (vii) Forced to perform sexual torture on
are used. other victims
(viii) Forced pregnancy
Deprivation techniques: The common (ix) Being photographed in humiliating
deprivation techniques include: positions and situations.
(a) Sensory deprivation: Keeping him in dark, (c) Sexual torture by using animals:
noiseless room. He may be blind-folded.
(i) Rape by trained dogs, monkeys, etc.
(b) Perceptual deprivation: Changing place
(ii) Rats, mice, spiders, lizards, etc.,
many times while blind-folded so as to lose
introduced into the vagina or anus.
perception of places.
(c) Deprivation of basic need: Holding of
food,water,clothes, communication, etc. for CUSTODIAL DEATHS
a long time.
(d) Social deprivation: Confining them to These are deaths reported in police stations, jails
solitary cell. and detention centres. A large number of deaths
(e) Witness torture: Victims are forced to see are reported everywhere from all over India. There
the torture of fellow-victims so as to instil are allegations many a times that such deaths are
fear in them. due to police torture during interrogation. Taking a
(f) Threats and humiliation: Urination on serious view of such allegations during
victims, extending threats of death, showing interrogation resulting in death, National Human
sham executions. Rights Commission, New Delhi has prescribed
Beating
1. General Scars, bruises, lacerations, multiple fractures at
different stages of healing, especially in unusual
locations, which have not been medically treated.
2. On the soles of the feet or fractures of Haemorrhage in the soft tissues of the soles of the
the bones of the feet feet and ankles. Aseptic necrosis.
3. With the palms on both ears simultaneously Ruptured or scarred tympanic membranes. Injuries to
external ear.
4. On the abdomen, while lying on a table Bruises on the abdomen. Back injuries. Ruptured
with the upper-half of the body unsupported abdominal viscera.
(―Operating table”)
5. To the head Cerebral cortical atrophy. Scars, skull fractures.
Bruises.
Suspension
6. By the wrist Bruises or scars about the wrists, joint injuries.
7. By the arms or neck Bruises or scars at the site of binding. Prominent
lividity in the lower extremities.
8. By the ankles Bruises or scars about the ankles, joint injuries.
9. Head down, from a horizontal pole placed Bruises or scars on the anterior forearms and back of
under the knees with the wrists bound to the knees. Marks on the wrists and ankles.
the “Jack”
Near suffocation
10. Forced immersion of head, often in Faecal material or other debris in the mouth,
contaminated liquid (wet submarine) pharynx, trachea, oesophagus. Intrathoracic petechiae.
11. Tying a plastic bag over the head Intrathoracic petechiae.
(dry submarine)
Sexual abuse
12. Sexual abuse Sexually transmitted diseases, pregnancy, injuries to
breast, external genitalia, vagina, anus, rectum.
Contd.
Forced posture
13. Prolonged standing Dependent oedema. Petechiae in lower extremities.
14. Forced straddling of a bar (Saw horse) Perineal or scrotal haematomas.
Electric shock
15. Cattle prod Appearance of burns depends on the age of the
injury.
Immediately, spots, vesicles, and/or black exudates,
macular scars.
16. Wires connected to a source of electricity At several months: small, white, reddish or brown
spots resembling telangiectasias.
17. Heated metal skewer inserted into the anus Peri-anal or rectal burns.
Miscellaneous
18. Dehydration Vitreous humour electrolyte abnormalities.
19. Animal bites Bite marks.
(Spiders, insects, rats, mice, dogs)
2. Somatic Cell Nuclear Transfer: Somatic taking out stem cells. So, this process raises a lot
cell is the normal cell of the body other than of ethical issues. It is believed that 1 day stem cells
sperm or egg. Somatic cell has two complete would be used in treatment of heart disease,
sets of chromosomes whereas the germ cells diabetes, Alzheimer’s disease, various cancers and
(sperm or egg) have only one complete set. organ transplants.
In this somatic cell nucleus transfer
technique, first a somatic cell is taken out Uses of Cloning Techniques
of the body. The nucleus of the cell which
contain two complete sets of chromosomes Recombinant DNA technology can be used along
is taken out. Now, this nucleus is transferred with other related technologies like gene therapy,
into an egg cell from which nucleus has genetic engineering of organisms and sequencing
already been removed. The reconstructed genomes. Gene therapy can be used to treat certain
egg cell containing the DNA from a donor genetic conditions, by introducing virus vectors that
cell is treated with chemicals or electric carry corrected copies of faulty genes, into the cells
current to stimulate cell division. Once the of a host organism. This technique can be used to
cell division starts and embryo reaches a improve the quality of food crops or animals.
suitable stage, it is transferred to the uterus Reproductive cloning can be used to repopulate
of a female host where it continues to endangered animals or to improve the quality of
develop until birth. animals. Therapeutic cloning may provide humans
an opportunity to produce whole organs from single
The first cloning according to this technique cell. This can be extremely useful in diseases like
was done on sheep at Roslin Institute in 1997 and Parkinson‘s.
the first clone named ‘Dolly’ was born. It aroused
worldwide interest and debate on use of cloning in Risks of Cloning
human beings.
Various governments of the world raised a hue
Reproductive cloning is very expensive and
and cry over human cloning. The United Nations
inefficient. Around 90 per cent of attempts fail. It
has now banned human cloning. The United States
is seen that in cloned animals immunity levels are
has banned human cloning in government-run
down and they have higher rate of infection,
research institutions. carcinoma and other disorders. Some cloned
animals die young. It has been reported that
Therapeutic Cloning
genomes of cloned animals are compromised and
a small percentage behave abnormally. Due to
Also called ‘embryo cloning’, it is the production
programming errors, congenital abnormalities may
of human embryos for use in research. The purpose
be seen.
of this technique is not to clone human beings but
to harvest stem cells that can be used to study Human cloning: A lot of hue and cry is being
human development and to treat diseases. Stem made on human cloning. Now, the UN General
cells can be used to generate virtually any type of Assembly has passed that human cloning should
specialised cell in the human body. Stem cells are not be developed as it raises a lot of ethical and
extracted from the egg after it has divided for 5 social issues. Governments in most of the world
days. The egg at this stage of development is called have already banned human cloning. But some
a ‘blastocyst’. The embryos get destroyed while private laboratories are still working on it.
if only a small sample of tissue is available for DNA 6. Migration of Population: DNA
analysis. In this, DNA from even one cell can be fingerprinting can be used in determining
taken out and copied many times to get good results. how the races migrated from one region to
The technique involves the use of primase and another by comparing the DNA fingerprints.
polymerase enzymes to produce the copies of DNA. It will give us a look into the history of
The disadvantage of this technique is the risk of settlement of races.
contamination while multiplying the DNA.
Nowadays chemiluminescent labelling is preferred Collection of Samples for DNA Fingerprinting
to radioactive tags.
The following samples can be used for DNA
Uses of DNA Fingerprinting fingerprinting:
1. Blood: It is the best sample, and is collected
The technique is used for following purposes: by venous or capillary puncture. 10 ml of
1. Disputed Paternity: DNA fingerprinting is blood can be collected from peripheral vein
now widely used in case of disputed in a bottle containing anti-coagulant EDTA.
paternity. The DNA sample of the child is Nowadays, special bags are available which
compared with that of the alleged father and are vacuum based. Quantity of blood that
similarities noted.With DNA fingerprinting, needs to be collected may vary from 1 to 2
paternity can be confirmed 100 per cent. ml. The blood should be transported to
2. Maternity Testing: DNA fingerprinting is laboratory at –20°C under dry ice.
used also for maternity testing especially in 2. Buccal Epithelial Cells: The cells are
cases where the child is exchanged, collected from the inside of the subject’s
misplaced, stolen or kidnapped from the mouth using sterile dry swabs. Two
hospital. samples are taken, one from each cheek.
3. Use in Crime Investigation: DNA The swabs are allowed to dry at room
fingerprinting was used for the first time in temperature. Once these dry, they should
the identification of a rapist by Alec Jeffreys
be packed in separate bottles only then,
in 1980s. Now, this technique is widely used
otherwise bacteria present in saliva will
in identification of criminals by analysis of
degrade DNA.
semen samples obtained from the vagina of
3. Hair Follicles: 10–15 hairs with roots
victims of rape, blood stain or hair found at
should be pulled from the subject and sealed
the scene of crime, or on clothes.
in a sterile bottle.
4. Diagnosis of Inherited Disorders: DNA
fingerprinting is used in the diagnosis of Precautions: The buccal swabs should be
inherited disorders in prenatal and newborn taken only after the subject has rinsed his/her mouth
babies. Such diseases are cystic fibrosis, with plane water to remove food particles.
haemophilia, Huntington’s disease, familial 4. Samples from Dead Bodies
Alzheimer‘s disease, sickle cell anaemia,
and thalassaemia. (a) Samples from well preserved dead
5. Developing Treatment of Genetic bodies
Disorders: Locating genes of genetic (i) Post-mortem blood: 10 ml should be
disorders on chromosomes and studying drawn in a tube from heart in a bottle
them may help in future in developing containing EDTA as an anti-
treatment of genetic disorders. coagulant.
vehicle to push the ingredients into the body. 3. Embalming destroys certain poisons like
Perfuming agents are also used to mask the alcohol and cyanide present in the body. So,
unpleasant odour. toxicological analysis of embalmed body
may not be accurate.
Methods of Embalming
WORKMEN‘S COMPENSATION ACT, 1923
The following are the techniques of embalming
dead bodies:
The purpose of this act is to provide compensation
1. Arterial Embalming: Fluid is injected to workers in the event of any injury, disability or
through arch of aorta so as to reach all areas disease occurring when under employment. This
of the body through arteries. It can be Act is called ‘Workmen’s Compensation Act,
injected by (a) gravity method which is very 1923‘. It extends to the whole of India. The salient
time consuming or (b) electric pump method features of this Act are as follows:
through air pressure.About 10 litres of fluid
is injected. Definitions
2. Cavity Embalming: After arterial injection,
the thoracic, abdominal and pelvic cavities 1. “Commissioner” means a commissioner for
are injected with about 2 litres of fluid to workmen compensation as appointed by the
detoxicate those materials which cannot be government.
aspirated. 2. “Compensation” means compensation as
3. Hypodermic Embalming: Subcutaneous provided by this Act.
injection of fluids are given by hypodermic 3. “Dependent” means closest relative of the
syringe with a wide bore needle into isolated deceased person including wife, children,
fragments of the body and limbs. parents or other relations as provided
4. Surface Embalming: Packs of cotton under.
soaked in preservative fluid are applied to 4. “Employer” includes any body of persons
raw skin, especially in burnt skin or bed or any managing agent of the employer.
sores. 5. “Partial disablement” means where the
disablement is temporary in nature, and it
Medico-legal Importance reduces the earning capacity of the worker
in any employment in which he was
engaged at the time of the accident.
The medico-legal importance of embalming is as
follows: 6. “Total disablement” means such
disablement, whether temporary or
1. To carry the dead body in an aeroplane, ship permanent in nature, incapacitates a
or train, embalming is mandatory as per law. workman for all works, which he was
Certificate of embalming is required from a capable of performing at the time of the
doctor. accident.
2. Embalming alters the appearance of normal 7. “Workman” means any person who is a
tissues and organs, so it is difficult to railway servant or employed in as provided
interpret injuries or disease. under Schedule II.
Part A
1. Infectious and parasitic diseases contracted (a) All work involving exposure to health or
in an occupation where there is a particular laboratory work.
risk of contamination.
(b) All work involving exposure to veterinary work.
(c) Workrelating to handling animals, animal carcasses,
part of such carcasses, or merchandise which may
have been contaminated by animals or animal
carcasses.
(d) Otherworkcarryingaparticularriskofcontamination.
2. Diseases caused by work in compressed air. All work involving exposure to the risk concerned.
3. Diseases caused by lead or its toxic compounds. All work involving exposure to the risk concerned.
4. Poisoning by nitrous fumes. All work involving exposure to the risk concerned.
5. Poisoning by organophosphorous compounds. All work involving exposure to the risk concerned.
Part B
1. Diseases caused by phosphorus or its toxic All work involving exposure to the risk concerned.
compounds.
2. Diseases caused by mercury or its toxic All work involving exposure to the risk concerned.
compounds.
3. Diseases caused by benzene or its toxic All work involving exposure to the risk concerned.
homologues.
4. Diseases caused by nitro and amido toxic Allworkinvolvingexposuretotheriskofconcerned.
derivatives of benzene or its homologues.
5. Diseases caused by chromium or its toxic All work involving exposure to the risk concerned.
compounds.
6. Diseases caused by arsenic or its toxic compounds. All work involving exposure to the risk concerned.
7. Diseases caused by radioactive substances and All work involving exposure to the action of
ionising radiations. radioactive substances or ionising radiations.
8. Primary epitheliomatous cancer of the skin caused All work involving exposure to the risk concerned.
by tar, pitch, bitumen, mineral oil, anthracene, or
the compounds, products or residues of these
substances.
9. Diseases caused by the toxic halogen All work involving exposure to the risk concerned.
derivatives of hydrocarbons (of the aliphatic
and aromatic series).
10. Diseases caused by carbon disulphide. All work involving exposure to the risk concerned.
11. Occupational cataract due to infra-red radiations. All work involving exposure to the risk concerned.
12. Diseases caused by manganese or its toxic All work involving exposure to the risk concerned.
compounds.
Contd.
22. Diseases caused by asphyxiants; carbon monoxide, All work involving exposure to the risk concerned.
and its toxic derivatives, hydrogen sulfide.
23. Lung cancer and mesotheliomas caused by All work involving exposure to the risk concerned.
asbestos.
24. Primary neoplasm of the epithelial lining of the All work involving exposure to the risk concerned.
urinary bladder or the kidney or the ureter.
Part C
1. Pneumoconioses caused by sclerogenic mineral All work involving exposure to the risk concerned.
dust (silicosis, anthrosilicosis, asbestosis) and
silico-tuberculosis provided that silicosis is an
essential factor in causing the resultant incapacity.
2. Bagassosis. All work involving exposure to the risk concerned.
3. Bronchopulmonary diseases caused by cotton, All work involving exposure to the risk concerned.
flax hemp and sisal dust (Byssinosis).
4. Extrinsic allergic alveolitis caused by All work involving exposure to the risk concerned.
inhalation of organic dusts.
5. Bronchopulmonary diseases caused by hard metals. All work involving exposure to the risk concerned.
Table 24.4 Factors for working out lump sum equivalent of compensation amount in case of permanent disablement
and death
[Schedule IV]1 (See Section 4)
Completed years of age on the last Factors Completed years of age on the last Factors
birthday of the workman immediately birthday of the workman immediately
preceding the date on which the preceding the date on which the
compensation fell due compensation fell due
Not more than 16 228.54 41 181.37
17 227.49 42 178.49
18 226.38 43 175.54
19 225.22 44 172.52
20 224.00 45 169.44
21 222.71 46 166.29
22 221.37 47 163.07
23 219.95 48 159.80
24 218.47 49 156.47
25 216.91 50 153.09
26 215.28 51 149.67
27 213.57 52 146.20
28 211.79 53 142.68
29 209.92 54 139.13
30 207.98 55 135.56
31 205.95 56 131.95
32 203.85 57 128.33
33 201.66 58 124.70
34 199.40 59 121.05
35 197.06 60 117.41
36 294.64 61 113.77
37 192.14 62 110.14
38 189.56 63 106.52
39 186.90 64 102.93
40 184.17 65 or more 99.37
Contd.
Middle finger
31. Whole 12
32. Two phalanges 9
31. Whole 12
32. Two phalanges 9
33. One phalanx 7
34. Guillotine amputation of tip without loss of bone 4
Ring or little finger
35. Whole 7
36. Two phalanges 6
37. One phalanx 5
38. Guillotine amputation of tip without loss of bone 2
B. Toes of right or left foot
Great toe
39. Through metatarsophalangeal joint 14
40. Part, with some loss of bone 3
Any other toe
41. Through metatarsophalangeal joint 3
42. Part, with some loss of bone 1
Two toes of one foot, excluding great toe
43. Through metatarsophalangeal joint 5
44. Part, with some loss of bone 2
Three toes of one foot, excluding great toe
45. Through metatarsophalangeal joint 6
46. Part, with some loss of bone 3
Four toes of one foot, excluding great toe
47. Through metatarsophalangeal joint 9
48. Part, with some loss of bone 3
Note: Complete and permanent loss of the use of any limb or member referred to in this schedule shall be deemed to be
equivalent of the loss of that limb or member.
25
Law in Relation to Medical
Practice: Part I
Doctor-patient relationship is the cornerstone of Although sometimes, the patient may have to
medical practice. It is a very sacred one as it has sacrifice his choice as in the following cases:
evolved through the ages. In the early ages, a doctor 1. If a doctor of his choice is not available at
was considered equivalent to God and whatever the that particular time.
doctor said was considered by patients as law and 2. If the patient is covered by medical
was undisputable. At that time, most medical insurance or deriving health benefits from
practitionersneverchargedanythingfromthepatients some organisations like the E.S.I., C.G.H.S.,
but lived on the voluntary offerings made by them. etc., he may be asked to go to the doctor on
Thisrelationshipcontinuedforages.Inmoderntimes, the panel of these organisations, otherwise
when doctors started charging for their professional he will not be reimbursed the cost of
advice, it transformed the doctor-patient relationship. professional advice/treatment. If the patient
Now, the patients have started evaluating the is ready to forego the charges he can visit
professional advice with the money they pay. the doctor of his own choice.
This evaluation has given new meaning to the 3. For recruitment purposes, he may be asked
relationship and has made it more responsive on to report to a selected board of doctors.
behalf of medical practitioners. As of today, the 4. The court may direct a litigant to get his
doctor–patient relationship is a contractual one medical condition evaluated by a selected
under the Contract Act and it establishes doctor but cannot force the litigant to receive
immediately once the patient steps into the clinic treatment from him.
of the doctor and he agrees to treat him. As we 5. In case of unconsciousness, any doctor can
understand that the relationship is contractual and give him treatment with permission taken
mutually binding, we have to understand the rights from a relative/attendant or without
and obligations of the doctor and the patient. permission if no one is with the patient.
Right to Information
RIGHTS OF THE PATIENT
The patient has the absolute right to know about
Right to Choose a Doctor of His Own Choice the disease he is suffering from, how the diagnosis
is going to be made, how the treatment is planned,
It is the fundamental right of the patient to choose what type of anaesthesia is to be given, what are
a doctor of his own choice. No patient can be forced the choices of treatment available, what are the risks
under law, to visit a particular doctor for advice. involved if there is any alternative treatment
available, and lastly, the prognosis and the cost of DUTIES OF THE PATIENT
the treatment.
These are:
Right to Privacy 1. He should cooperate with the doctor by
giving information about the disease
The patient enjoys the same rights to privacy as
process, family and personal history.
are available to other people. While examining, the
doctor should note that no outsider/undesirable 2. He should have faith in the doctor chosen
persons are present during the examination/ by him.
treatment. Special care should be taken while 3. He should regularly follow the advice of the
examining female patients. It is better that doctor.
examination of female patients may be done in the 4. If he wishes to take a second consultation,
presence of a nurse or the attendant of the patient. he should inform the first doctor.
5. He should not contribute to medical
Right to Confidentiality negligence.
6. He should promptly pay the doctor his fee.
All the information arising out of treatment of the
patient should be kept confidential and should not be RIGHTS OF THE DOCTOR
madepublicwithoutthewrittenconsentofthepatient.
Right to Choose Patients of His Choice
Right to Pictures/Video Recording
All the medical practitioners have the fundamental
Any pictures or video recording of the patient while right to choose their patients. If somebody has
receiving treatment should be taken only after started practice, it does not mean that he has to see
written permission of the patient. Even after
all the patients coming to him for advice. He can
permission, the identity of the individual should
make a selection out of them. But all medical
be kept a secret and should not be revealed by
practitioners cannot have their choice of patients
pictures or text accompanying them.
all the time. In the following situations all doctors
Right to Change Doctor at Any Stage of are bound to treat all.
Emergency: In life-threatening situations, the
Treatment
doctor should not refuse treatment citing his right
The patient can change his doctor at any stage of to choose the patient. He should offer emergency
the treatment without giving any reason. But when medical treatment and once the patient has been
he has started taking advice from the second doctor, stabilised he can ask the patient to go to a doctor of
the first doctor would not be responsible for any his choice.
negligence suffered by the patient from the moment In mass disasters/road traffic accidents:
he had terminated the doctor-patient relationship Emergency treatment should always be provided
with the first one. is cases of disasters and road accidents. If the doctor
is not following these, action can be taken against
Right to Grievance Redressal him by the medical council for violating the code
of ethics.
The patient has the fundamental right to approach
the court of law or a consumer forum for any Right to Charge Professional Fee
grievance against the doctor. He has also the right
to approach the medical council against ethical Every doctor has the legal right to charge a
malpractice of the doctor. professional fee. It is better that he should display
it in his waiting room so that the patient does not Implied Consent
complain of not noticing it. Although the doctor
has the right of determining his own professional When a patient has come to a physician for
fee, it is desirable that it should not be so high that treatment and has waited for his turn to come and
he is out of reach for professional advice for the paid the professional fee, he has supposedly
majority of the population. consented for the treatment. This is called implied
consent. But this consent is valid only for physical
Right of Termination of Advice examination and not for any procedure. It may be
noted that this consent is only for inspection,
As the patient has the right to change the doctor palpation, percussion and auscultation. Even in
so the doctor also has the right to terminate his these, physician should request the patient’s
services to the patient if he notices that the patient permission to access the body. For vaginal and
is not following his advice properly or is also rectal examination express permission is needed.
taking treatment from other doctors without his
permission. But even in such cases, the doctor Express Consent
should not abandon his patient. He should give
advance notice to the patient that he is terminating Anything other than implied consent described
his professional services due to certain reasons above is express consent. It may be oral or written
and the patient should search for another doctor. consent. For minor examination like vaginal or
Till the other doctor has taken charge of the rectal examination an oral consent is sufficient but
patient, he should continue to provide his services for procedure, consent should be obtained in
without fail. writing. The oral consent should be obtained in
the presence of a disinterested person like nurse.
DUTIES OF THE DOCTOR Although oral consent has the same validity as a
written consent in the eyes of the law it is easier
to document written consent and avoid future
When a doctor develops a relationship with the
litigations.
patient, he comes under the following obligations:
Written consent is a must for all major
1. He is under the obligation to apply a diagnostic and surgical interventions. It should be
reasonable degree of skill and care. specific for a particular procedure. It should not
2. He is liable for any injury to the patient be a “blanket consent.” It has been seen that in
resulting from failure to exercise reasonable many nursing homes or small hospitals, a blanket
skill and care. consent in the following manner is taken from the
3. He should not accept more patients than he patient. “I hereby authorise staff of this hospital
can handle properly. to perform any surgical or anaesthetic procedure
4. He should charge reasonably as agreed upon. on me.”
This sort of blanket consent is invalid in the
CONSENT eyes of law. Nowadays, the latest concept of
informed consent is followed.
Consent is a legal requirement for examination and
treatment of the patient. The nature of the consent Informed Consent
varies according to the needs. Failure to obtain
consent can make physician liable for prosecution Nowadays, more and more patients are getting
and damages. Consent may be implied or express. aware of their civil rights and assert the “right to
know.‖ Informed consent deals with patients’rights medical examination but no treatment can
and obligations. Patient has the right to know what be enforced without consent of the patient.
disease he is suffering from and how the diagnosis 2. In case of an arrested person brought by
and treatment are planned. He has the right to know police to take blood sample/sample of hair
the potential risks involved and if any alternative or anything required for evidence, consent
treatment is also available or not. Patient has also of the person detained is not necessary and
the right to know about the approximate cost of even reasonable force can be applied to
the treatment. obtain the sample.
The physician should explain all these to the 3. Medical examination can be carried out
patient or his attendant in detail in the patient’s without permission of the patient if he has
language. The signature of the patient or relative been directed by the court. But in case of a
should be obtained in presence of a disinterested rape victim, the genitalia examination
third party like an attendant of the patient or a nurse. cannot be carried out without the permission
Finally, it should be counter-signed by the physician of the patient in writing.
in charge of the patient.A model informed consent 4. Consent is not needed for medical
form is attached and it is recommended to be examination if it is statutory like in armed
followed. This form is based on the consent form forces, immigration, etc.
used in All India Institute of Medical Sciences
(AIIMS), New Delhi. Consent from Spouse to be Taken
From Whom is the Consent to be Obtained It is advisable to take consent of the spouse in the
following procedures although in many cases it may
Consent should be obtained from conscious not be legally necessary:
mentally sound patient. If a person is unconscious,
1. Termination of pregnancy.
the consent can be obtained from a near relative/
2. Sterilisation.
friend. If no relative/friend is available then consent
3. Artificial insemination.
need not be taken and the physician should proceed
4. Donation of sperms.
in good faith. For minors, consent can be obtained
from parents/guardians or near relatives. A child 5. Any operation that can have a bearing on
below 12 years cannot give consent.A child above the sexual rights of the spouse.
12 years but below 18 years can give consent only
When is Consent not Valid
for medical examination but not for any procedure.
A consent for mentally defective patient can be
In the following cases, consent given is not valid:
given by a near relative/friend.
1. Consent given by a mentally unsound
When is Consent not Required patient.
2. Blanket consent.
In following conditions, consent of the patient is 3. Consent obtained for a criminal activity like
not required as per law: criminal abortion, euthanasia or any
1. When a person is brought for medical mutilating operation.
examination by police, like in cases of 4. When consent is not voluntary and free.
alcoholic intoxication, sexual assault, etc., 5. When consent is obtained by force, fear or
no consent of the patient is required for fraud.
Registration No.
NAME SEX: AGE:
SON/DAUGHTER/WIFE OF
ADDRESS
MEDICAL ETHICS
teach them this art if they so desire without fee
Medical ethics may be defined as a code of conduct or written promise; to impart to my sons and the
accepted voluntarily by medical practitioners within sons of the master who taught me and the
the profession. Legally, they are not enforceable by disciples who have enrolled themselves and have
law but are defended by the State Medical Council. agreed to the rules of the profession, but to these
Medical ethics have evolved through the alone, the precepts and the instruction. I will
centuries. Some of the ethics have evolved into prescribe regimen for the good of my patients
present law, so both the terms, medical ethics and according to my ability and my judgement and
medical law, are synonymous. never do harm to anyone. To please no one will
I prescribe a deadly drug, nor give advice which
Code of Medical Ethics may cause his death. Nor, will I give a woman a
pessary to procure abortion. But I will preserve
The oldest code of medical ethics is the Hippocratic the purity of my life and my art. I will not cut for
Oath. Even after twenty-five centuries, its basic stone, even for patients in whom the disease is
principles are still valid and are followed. manifest; I will leave this operation to be
The Charak and the Hippocratic Oath performed by practitioners (specialists in this
art). In every house where I come I will enter
In India, Charak was the first physician to start the only for the good of my patients, keeping myself
practice of oath many centuries ago. In All India far from all intentional ill-doing and all
Institute of Medical Sciences, New Delhi, young seduction, and especially from the pleasures of
doctors take the Charak Oath before starting love with women or with men, be they free or
medical practice and it is administered during the slaves. All that may come to my knowledge in
convocation when the degree is awarded. the exercise of my profession or outside of any
profession or in daily commerce with men, which
OATH ought not to be spread abroad. I will keep secret
―Not for the self, and will never reveal. If I keep this oath faithfully,
Not for the fulfillment of any worldly material may I enjoy my life and practise my art, respected
desire or gain, by all men and in all times; but if I swerve from
But solely for the good of suffering humanity, I it or violate it, may the reverse be my lot.”
will treat my patient and excel all”. During the World War II, gross violation of
medical ethics was reported. Keeping this in view,
— Charak
the World Medical Association was formed at the
instigation of the British Medical Association. It
The Hippocratic Oath
restarted the Hippocratic Oath in a new manner and
‗I swear by Apollo the physician, by was known as the Declaration of Geneva.
Aesculapius, Hygieia and Panacea, and I take
to witness all the Gods, all the Goddesses, to Declaration of Geneva
keep according to my ability and my judgement
the following Oath: (As amended at Sydney, 1968)
―To consider dear to me as my parents him who At the time of being admitted a member of the
taught me this art; to live in common with him medical profession:
and if necessary to share my goods with him; to I will solemnly pledge myself to consecrate my
look upon his children as my own brothers, to life to the service of humanity;
I will give to my teachers the respect and Any act or advice which could weaken physical
gratitude which is their due; or mental resistance of a human being may be used
I will practise my profession with conscience and only in his interest.
dignity; A doctor is advised to use great caution in
The health of my patient will be my first divulging discoveries or new techniques of
consideration; treatment.
I will respect the secrets which are confided in A doctor should certify or testify only to that
me, even after the patient has died; which he has personally verified.
I will maintain by all the means in my power the
honour and the noble traditions of the medical Duties of Doctors to the Sick
profession;
My colleagues will be my brothers; I will not A doctor must always bear in mind the obligation
permit considerations of religion, nationality, of preserving human life.
race, party politics or social standing to intervene A doctor owes to his patient complete loyalty and
between my duty and my patient; all the resources of his science.
I will maintain the utmost respect for human life Whenever an examination or treatment is beyond
from the time of conception; even under threat, I his capacity he should summon another doctor who
will not use my medical knowledge contrary to has the necessary ability.
the laws of humanity. A doctor shall preserve absolute secrecy on all he
I make these promises solemnly, freely and upon knows about his patients because of the confidence
my honour. they have entrusted in him.
A doctor must give emergency care as a
Keeping in view the Declaration of Geneva, humanitarian duty unless he is assured that others
an International Code of Medical Ethics was are willing and will be able to give such care.
evolved as under:
Duties of Doctors to Each Other
International Code of Medical Ethics
A doctor ought to behave to his colleagues as he
Duties of doctors in general: would have them behave to him.A doctor must not
A doctor must always maintain the highest entice patients from his colleagues.
standards of professional conduct. A doctor must observe the principles of “The
A doctor must practise his profession Declaration of Geneva’ approved by the World
uninfluenced by motives of profit. Medical Association. During Second World War,
The following practices are deemed unethical: unethical human experimentation was carried out
∑ Any self-advertisement except such as is extensively. World Medical Association in 1964
expressly authorised by the national code drew a code of conduct for doctors intending to
of medical ethics. start experimental treatment. This code is known
∑ Collaboration in any form of medical as Declaration of Helsinki.
service in which the doctor does not have
professional independence. Declaration of Helsinki
∑ Receiving any money in connection with
services rendered to a patient other than a (Revised 1975)
proper professional fee, even with the Recommendations guiding medical doctors in
knowledge of the patient. biomedical research involving human subjects.
unless they are satisfied that the hazards involved and should indicate that the
involved are believed to be predictable. principles enunciated in the present
Doctors should cease any investigation if declaration are complied with.
the hazards are found to outweigh the
potential benefits. Medical Research Combined with
8. In publication of the results of his or her Professional Care (Clinical Research)
research, the doctor is obliged to preserve
the accuracy of the results. Reports of 1. In the treatment of a sick person, the doctor
experimentation which are not in must be free to use a new diagnostic and
accordance with the principles laid down therapeutic measure, if in his or her
in this declaration should not be accepted judgement it offers hope of saving life, re-
for publication. establishing health or alleviating suffering.
9. In any research on human beings, each 2. The potential benefits, hazards and
potential subject must be adequately discomfort of a new method should be
informed of the aims, methods, anticipated weighed against the advantages of the best
benefits and potential hazards of the study current diagnostic and therapeutic methods.
and the discomfort it may entail. He or she 3. In any medical study, every patient including
should be informed that he or she is at liberty those of a control group, be assured of the
to abstain from participation in the study and best proven diagnostic and therapeutic
method.
that he or she is free to withdraw his or her
4. The refusal of the patient to participate in a
consent to participation at any time. The
study must never interfere with the doctor-
doctor should then obtain the subject’s
patient relationship.
freely given informed consent, preferably
5. If the doctor considers it essential not to
in writing.
obtain informed consent, the specific
10. When obtaining informed consent for the
reasons for this proposal should be stated in
research project the doctor should be
the experimental protocol for transmission
particularly cautious if the subject is in an
to the independent committee.
independent relationship with him or her or
6. The doctor can combine medical research
may consent under duress. In that case the
with professional care, the objective being
informed consent should be obtained by a
the acquisition of new medical knowledge,
doctor who is not engaged in investigation
only to the extent that medical research is
and who is completely independent of this
justified by its potential diagnostic or
official relationship.
therapeutic value for the patient.
11. In case of legal incompetence, informed
consent should be obtained from the legal Non-therapeutic Biomedical Research
guardian in accordance with national Involving Human Subjects (Non-clinical
legislation. Where physical or mental
Biomedical Research)
incapacity makes it impossible to obtain
informed consent, or when the subject is a 1. In the purely scientific application of
minor, permission from the responsible medical research carried out on a human
relative replaces that of the subject in being, it is the duty of the doctor to remain
accordance with national legislation. the protector of the life and health of that
12. The research protocol should always contain person on whom biomedical research is
a statement of the ethical considerations carried out.
2. The subjects should be volunteers either ∑ If difference of opinion is there, talk to him
healthy persons or patients for whom the directly and not through the patients.
experimental design is not related to the ∑ Do not entice the patients from your
patient‘s illness. colleagues.
3. The investigator or the investigating team ∑ If your colleague has sent some patients to
should discontinue the research if in his/her you for consultation, send the patient back
or their judgement it may, if continued, be to him after you have done your due.
harmful to the individual. ∑ Do not involve in fee splitting with your
4. In research on man, the interest of science colleagues.
and society should never take precedence ∑ If possible, an assistant should not open
over considerations related to the well-being practice in the same area where his senior
of the subject. is practising.
Professional Secrecy
MEDICAL COUNCIL
Secrecy is an important component of medical
ethics. Whatever information physician has In order to regulate medical practice in India, in
received during treatment should be kept 1916, “Indian Medical Degrees Act” was
confidential. It should not be divulged without the introduced which recognised medical degrees to
written permission of the patient. Failure to keep practice medicine. In 1933, Indian Medical Council
secrecy can lead the doctor into litigation. Act 1933 was passed to safeguard the status of
Confidentiality of Medical Records various medical degrees awarded by Indian
universities. It also envisaged to maintain uniform
It is the duty of the doctor to keep all the medical standard of medical education in the country. Indian
records confidential that have originated during Medical Act, 1956 was enacted and Act of 1933
treatment. They can be made public only by the was repealed. The Act of 1956 introduced:
written permission of the patient. However, if (a) Recognition for representation of the lice-
directed by a court of law, they can be produced. ntiate medical practitioners.
Police has the power to seize medical records if (b) Provision for registration of foreign medical
some negligence is suspected. For academic benefit, qualifications.
the medical records can be used but the identity of
(c) Provision for formation of a committee to
the patient must be kept secret and should not be
reorganise postgraduate medical education
revealed by pictures or text. However, with the
in the country.
permission of the patient identity can be revealed.
(d) Maintenance of medical register containing
Ethical Relations with Fellow-colleagues names of medical practitioners in India.
In 1964, this Act was amended to constitute
Great care should be taken while dealing with Medical Council of India and reorganise medical
fellow-colleagues and the following principles education in India.
should be observed: Now, in each state there is a state medical
∑ Hold your fellow-colleagues as your council functioning and exercising control over all
brothers. medical practitioners working in the state. In New
∑ Do not criticise your colleague in the Delhi, Medical Council of India exercises control
presence of a patient. over all state medical councils.
The Indian Medical Council of IndiaAct, 1956 (f) “prescribed” means prescribed by
is here given in detail to understand composition, regulations;
functions and powers of the Medical Council of (g) “recognised medical qualification” means
India. any of the medical qualifications included
in the schedules;
MEDICAL COUNCIL OF INDIA (h) “regulation” means a regulation made under
Section 33;
An act to provide for the reconstitution of the (i) “State Medical Council” means a medical
Medical Council of India, and the maintenance of council constituted under any law for the
a Medical Register for India and for matters time being in force in any State regulating
connected therewith. the registration of practitioners of medicine;
(j) “State Medical Register” means a register
(30th December, 1956) maintained under any law for the time being
Be it enacted by Parliament in the SeventhYear in force in any State regulating the
of the Republic of India as follows: registration of practitioners of medicine;
(k) “University” means any university in India
1. Short Title, Extent and Commencement: established by law and having a medical
(1) This Act may be called the Indian faculty.
Medical Council Act, 1956.
(2) It extends to the whole of India. 3. Constitution and Composition of the
(3) It shall come into force on such date as Council:
the Central Government may, by (1) The Central Government shall cause to be
notification in the Official Gazette, constituted a Council consisting of the
appoint. following members, namely:
2. Definitions: In this Act, unless the context (a) one member from each State other than
otherwise requires: a Union Territory, to be nominated by
(a) “approved institution” means a hospital, the Central Government in consultation
health centre or other such institution with the State Government concerned;
recognised by a University as an institution (b) one member from each University, to be
in which a person may undergo the training, elected from amongst the members of
if any, required by his course of study before the medical faculty of the University by
the award of any medical qualification to members of the Senate of the University
him; or, in case the University has no Senate,
(b) “council” means the Medical Council of by members of the Court.
India constituted under this Act; (c) one member from each State in which a
(c) “Indian Medical Register” means the State Medical Register is maintained, to
medical register maintained by the Council; be elected from amongst themselves by
(d) “Medical institution” means any institution, persons enrolled on such Register who
within or outside India, which grants possess the medical qualifications
degrees, diplomas or licences in medicine; included in the First or the Second
(e) “medicine” means modern scientific Schedule or in Part II of the Third
medicine in all its branches and includes Schedule.
surgery and obstetrics, but does not include (d) seven members to be elected from
veterinary medicine and surgery; amongst themselves by persons enrolled
on any of the State Medical Registers 6. Incorporation of the Council: The Council
who possess the medical qualifications so constituted shall be a body corporate by
included in Part I of the Third Schedule. the name of the Medical Council of India,
(e) eight members to be nominated by the having perpetual succession and a common
Central Government. seal, with power to acquire and hold
property, both movable and immovable, and
2. The President and Vice-president of the
to contract, and shall by the said name sue
Council shall be elected by the members
and be sued.
of the Council from amongst
themselves. 7. Term of Office of President, Vice-
3. No act, done by the Council shall be President and Members:
questioned on the ground merely of the 1. The President or Vice-President of the
existence of any vacancy in, or any council shall hold office for a term not
defect in the constitution of the Council. exceeding five years, and not extending
4. Mode of Election: beyond the expiry of his term as member
1. An election under clause (b), clause (c) or of the Council.
clause (d) of sub-section (1) of Section 3 2. Subject to the provisions of this Section,
shall be conducted by the Central a member shall hold office for a term of
five years from the date of his
Government in accordance with such rules
nomination or election or until his
as may be made by it in this behalf, and any
successor shall have been duly
rules so made may provide that pending the
nominated or elected, whichever is
preparation of the Indian Medical Register
longer.
in accordance with the provisions of this
3. An elected or nominated member shall
Act, the members referred to in clause (d) be deemed to have vacated his seat if he
of sub-section (1) of Section 3 may be is absent without excuse, sufficient in
nominated by the Central Government the opinion of the Council, from three
instead of being elected as provided therein. consecutive ordinary meetings of the
2. Where any dispute arises regarding any Council or, in the case of a member
election to the Council, it shall be referred elected under clause (b) of subsection
to the Central Government whose decision (1) of Section 3, if he ceases to be a
shall be final. member of the medical faculty of the
University concerned, or in the case of
5. Restrictions on Nomination and
a member elected under clause (c) or
Membership:
clause (d) of that sub-section, if he
1. No person shall be eligible for ceases to be a person enrolled on the
nomination under clause (a) of sub- State Medical Register concerned.
section (1) of Section 3 unless he 4. A casual vacancy in the Council shall
possesses any of the medical be filled by nomination or election, as
qualifications included in the First and the case may be, and the person
Second Schedules, resides in the State nominated or elected to fill the vacancy
concerned, and, where a State Medical shall hold office only for the remainder
Register is maintained in that State is of the term for which the member whose
enrolled on that register. place he takes was nominated or elected.
2. No person may at the same time serve 5. Members of the Council shall be eligible
as a member in more than one capacity. for re-nomination or re-election.
6. Where the said term of five years is of the President and Vice-President, who
about to expire in respect of any shall be members ex officio,and not less than
member, a successor may be nominated seven and not more than ten members who
or elected at any time within three shall be elected by the Council from
months before the said term expires but amongst its members.
he shall not assume office until the said 2. The President and Vice-President shall be
term has expired. the President and Vice-President,
respectively, of the Committee.
8. Meetings of the Council
3. In addition to the powers and duties
1. The Council shall meet at least once in
conferred and imposed upon it by this Act,
each year at such time and place as may
the Committee shall exercise and discharge
be appointed by the Council.
such powers and duties as the Council may
2. Unless otherwise provided by
confer or impose upon it by any regulations
regulations, fifteen members of the
which may be made in this behalf.
Council shall form a quorum, and all the
acts of the Council shall be decided by 10A. Permission for Establishment of New
a majority of the members present and Medical College, New Course of Study,
voting. etc.
9. Officers, Committees and Servants of the 1. Notwithstanding anything contained in this
Council: The Council shall: Act or any other law for the time being in
force:
1. Constitute from amongst its members an
Executive Committee and such other (a) no person shall establish a medical
Committees for general or special purposes college, or
as the Council deems necessary to carry out (b) no medical college shall
the purposes of this Act; (i) open a new or higher course of
2. Appoint a Registrar who shall act as study or training (including a
Secretary and who may also, if deemed postgraduate course of study or
expedient, act as Treasurer; training) which would enable a
3. Employ such other persons as the Council student of such course or training
deems necessary to carry out the purposes to qualify himself for the award
of this Act; of any recognised medical
4. Require and take from the Registrar, or from qualification; or
any other employee, such security for the (ii) increase its admission capacity in
due performance of his duties as the Council any course of study or training
deems necessary; and (including a postgraduate course
5. With the previous sanction of the Central of study or training), except with
Government, fix the remuneration and the previous permission of the
allowances to be paid to the President,Vice- Central Government obtained in
President and member of the Council and accordance with the provisions of
determine the conditions of service of the this section.
employees of the Council. Explanation 1-For the pur-
poses of this section, “person”
10. The Executive Committee: includes any university or a trust
1. The Executive Committee, hereinafter but does not include the Central
referred to as the Committee, shall consist Government.
7. The Council, while making its (f) the requirement of manpower in the field
recommendations under clause (b) of sub- of practice of medicine; and
section (3) and the Central Government, (g) any other factors as may be prescribed.
while passing an order, either approving or
8. Where the Central Government passes an
disapproving the scheme under sub-section
order either approving or disapproving a
(4) shall have due regard to the following
scheme under this section, a copy of the
factors, namely:
order shall be communicated to the person
(a) whether the proposed medical college
or college concerned.
or the existing medical college seeking
to open a new or higher course of study 10B. Non-recognition of Medical Qualifications
or training, would be in a position to in Certain Cases:
offer the minimum standards of medical 1. Where any medical college is established
education as prescribed by the Council except with the previous permission of the
under Section 19A or, as the case may Central Government in accordance with the
be, under Section 20 in the case of provisions of Section 10A, no medical
postgraduate medical education; qualification granted to any student of such
(b) whether the person seeking to establish medical college shall be a recognised
a medical college or the existing medical medical qualification for the purposes of this
college seeking to open a new or higher Act.
course of study or training or to increase 2. Where any medical college opens a new or
its admission capacity has adequate higher course of study or training (including
financial resources; a postgraduate course of study or training)
(c) whether necessary facilities in respect except with the previous permission of the
of staff, equipment, accommodation, Central Government in accordance with the
training and other facilities to ensure
provisions of Section 10A, no medical
proper functioning of the medical
qualification granted to any student of such
college or conducting the new course of
medical college on the basis of such study
study or training or accommodating the
or training shall be a recognised medical
increased admission capacity have been
qualification for the purposes of this Act.
provided or would be provided within
3. Where any medical college increases its
the time limit specified in the scheme;
admission capacity in any course of study
(d) whether adequate hospital facilities,
or training except with the previous
having regard to the number of students
likely to attend such medical college or permission of the Central Government in
course of study or training or as a result accordance with the provisions of Section
of the increased admission capacity have 10A, no medical qualification granted to any
been provided or would be provided student of such medical college on the basis
within the time limit specified in the of the increase in its admission capacity shall
scheme; be a recognised medical qualification for the
(e) whether any arrangement has been made purposes of this Act.
or programme drawn to impart proper Explanation – For the purposes of this section,
training to students likely to attend such the certificate for identifying a student who has been
medical college or course of study or granted a medical qualification on the basis of such
training by persons having the increase in the admission capacity shall be such as
recognised medical qualifications; may be prescribed.
10C. Time for Seeking Permission for Certain 12. Recognition of Medical Qualifications
Existing Medical Colleges, etc.: Granted by Medical Institutions in
1. If, after the 1st day of June, 1992 and on Countries with which there is a Scheme of
and before the commencement of the Indian Reciprocity:
Medical Council (Amendment) Act, 1993 1. The medical qualifications granted by
any person has established a medical college medical institutions outside India which are
or any medical college has opened a new or included in the Second Schedule shall be
higher course of study or training or recognised medical qualifications for the
increased the admission capacity, such purposes of this Act.
person or medical college, as the case may 2. The Council may enter into negotiations
be, shall seek, within a period of one year with the Authority in any country outside
from the commencement of the Indian India which by the law of such country is
Medical Council (Amendment) Act, 1993, entrusted with the maintenance of a register
the permission of the Central Government of medical practitioners, for the settling of
in accordance with the provisions of Section a scheme of reciprocity for the recognition
10A. of medical qualifications, and in pursuance
2. If any person or medical college, as the case of any such scheme, the Central
may be fails to seek the permission under Government may, by notification in the
sub-section (1), the provisions of Section Official Gazette, amend the Second
10B shall apply, so far as may be as if, Schedule so as to include therein the
permission of the Central Government medical qualification which the Council has
under Section 10A has been refused. decided should be recognised, and any such
11. Recognition of Medical Qualification notification may also direct that an entry
granted by Universities or Medical shall be made in the last column of the
Institutions in India: Second Schedule against such medical
1. The medical qualifications granted by any qualification declaring that it shall be a
university or medical institution in India recognised medical qualification only when
which are included in the First Schedule granted after a specified date.
shall be recognised medical qualifications 3. The Central Government, after consultation
for the purposes of this Act. with the Council, may, by notification in the
2. Any university or medical institution in Official Gazette, amend the Second
India which grants a medical qualification Schedule by directing that an entry be made
not included in the First Schedule may apply therein in respect of any medical
to the Central Government to have such qualification declaring that it shall be a
qualification recognised, and the Central recognised medical qualification only when
Government, after consulting the Council, granted before a specified date.
may, by notification in the Official Gazette, 4. Where the Council has refused to
amend the First Schedule so as to include recommend any medical qualification which
such qualifications therein, and any such has been proposed for recognition by any
notification may also direct that an entry Authority referred to in sub-section (2) and
shall be made in the last column of the First that Authority applies to the Central
Schedule against such medical qualification Government in this behalf, the Central
declaring that it shall be a recognised Government, after considering such
medical qualification only when granted application and after obtaining from the
after a specified date. council a report, if any, as to the reasons for
any such refusal, may, by notification in the country he has undergone such practical
Official Gazette, amend the Second training as may be prescribed.
Schedule so as to include such qualification 4. The Central Government, after consulting
therein and the provisions of sub-section (2) the Council, may by notification in the
shall apply to such notification. Official Gazette, amend Part II of the Third
Schedule so as to include therein any
13. Recognition of Medical Qualifications qualification granted by a medical institution
Granted by Certain Medical Institutions outside India, which is not included in the
whose Qualifications are Not Included in the Second Schedule.
First or Second Schedule: 5. Any medical institution in India which is
desirous of getting a medical qualification
1. The medical qualifications granted by
granted by it included in Part I of the Third
medical institutions in India which are not
Schedule may apply to the Central
included in the First Schedule and which
Government to have such qualification
are included in Part I of the Third Schedule
recognised and the Central Government,
shall also be recognised medical
after consulting the Council, may, by
qualifications for the purposes of this Act.
notification in the Official Gazette, amend
2. The medical qualifications granted to a
Part I of the Third Schedule so as to include
citizen of India:
such qualification therein, and any such
(a) before the 15th day ofAugust, 1947, by notification may also direct that an entry
medical institutions in the territories now shall be made in the last column of Part I of
forming part of Pakistan, and, the Third Schedule against such medical
(b) before the 1st day of April, 1937, by qualification declaring that it shall be a
medical institutions in the territories now recognised medical qualification only when
forming part of Burma, which are granted after a specified date.
included in Part I of the Third Schedule 14. Special Provision in Certain Cases for
shall also be recognised medical Recognition of Medical Qualifications
qualifications for the purposes of this Granted by Medical Institutions in
Act. Countries with which there is No Scheme
3. The medical qualifications granted by of Reciprocity:
medical institutions outside India which are 1. The Central Government after consultation
included in Part II of the Third Schedule with the Council may, by notification in the
shall also be recognised medical Official Gazette, direct that medical
qualifications for the purposes of this Act, qualifications granted by medical
but no person possessing any such institutions in any country outside India in
qualification shall be entitled to enrolment respect of which a scheme of reciprocity for
on any State Medical Register unless he is the recognition of medical qualifications is
a citizen of India and has undergone such not in force, shall be recognised medical
practical training after obtaining that qualification for the purposes of this Act or
qualification as may be required by the rules shall be so only when granted after a
or regulations in force in the country specified date:
granting the qualification, or if he has not Provided that medical practice by
undergone any practical training in that persons possessing such qualifications:
(a) shall be permitted only if such persons 3. Any person who acts in contravention of any
are enrolled as medical practitioners in provision of sub-section (2) shall be
accordance with the law regulating the punished with imprisonment for a term
registration of medical practitioners for which may extend to one year, or with fine
the time being in force in that country; which may extend to one thousand rupees,
(b) shall be limited to the institution to or with both.
which they are attached for the time
16. Power to Require Information as to Courses
being for the purposes of teaching,
research or charitable work; and of Study and Examinations:
(c) shall be limited to the period specified Every university or medical institution in India
in this behalf by the Central Government which grants a recognised medical
by general or special order. qualification shall furnish such information as
the Council may, from time to time, require as
2. In respect of any such medical qualification,
the Central Government, after consultation to the courses of study and examinations to be
with the council, may, by notification in the undergone in order to obtain such qualification,
Official Gazette, direct that it shall be a as to the ages at which such courses of study
recognised medical qualification only when and examinations are required to be undergone
granted before a specified date. and such qualification is conferred and
generally as to the requisites for obtaining such
15. Right of Persons Possessing Qualifications qualification.
in the Schedules to be Enrolled:
1. Subject to the other provisions contained in 17. Inspection of Examinations:
thisAct, the medical qualifications included 1. The Committee shall appoint such number
in the Schedules shall be sufficient of medical inspectors as it may deem
qualification for enrolment on any State requisite to inspect any medical institution,
Medical Register. college, hospital or other institution where
2. Save as provided in Section 25, no person medical education is given or to attend any
other than a medical practitioner enrolled examination held by any university or
on a State Medical Register: medical institution for the purpose of
(a) shall hold office as physician or surgeon recommending to the Central Government
or any other office (by whatever recognition of medical qualifications
designation called) in Government or in granted by that university or medical
any institution maintained by a local or institution.
other authority; 2. The medical inspectors shall not interfere
(b) shall practise medicine in any state; with the conduct of any training or
(c) shall be entitled to sign or authenticate examination, but shall report to the
a medical or fitness certificate or any Committee on the adequacy of the standards
other certificate required by any law to of medical education including staff,
be signed or authenticated by a duly equipment, accommodation, training and
qualified medical practitioner. other facilities prescribed for giving medical
(d) shall be entitled to give evidence at any education or on the sufficiency of every
inquest or in any court of law as an examination which they attend.
expert under Section 45 of the Indian 3. The Committee shall forward a copy of any
Evidence Act, 1872 on any matter such report to the university or medical
relating to medicine. institution concerned, and shall also forward
a copy with the remarks of the university or for instruction and training provided in
institution thereon, to the Central such university or medical institution or
Government. in any college or other institution
18. Visitors at Examinations: affiliated to that university, do not
conform to the standards prescribed by
1. The Council may appoint such number of
the Council, the Council shall make a
visitors as it may deem requisite to inspect
representation to that effect to the
any medical institution, college, hospital or
Central Government.
other institution where medical education
is given or to attend any examination held 2. After considering such representation, the
by any university or medical institution for Central Government may send it to the
the purpose of granting recognised medical Government of the State in which the
qualifications. university or medical institution is situated
2. Any person, whether he is a member of the and the State Government shall forward it
Council or not, may be appointed as a visitor along with such remarks as it may choose
under this section but a person who is to make to the university or medical
appointed as an inspector under Section 17 institution, with an intimation of the period
for any inspection or examination shall not within which the university or medical
be appointed as a visitor for the same institution may submit its explanation to the
inspection or examination. State Government.
3. The visitors shall not interfere with the 3. On the receipt of the explanation or, where
conduct of any training or examination, but no explanation is submitted within the
shall report to the President of the Council period fixed, then on the expiry of that
on the adequacy of the standards of medical period the State Government shall make
education including staff, equipment, its recommendations to the Central
accommodation,training and other facilities Government.
prescribed for giving medical education or 4. The Central Government, after making
on the sufficiency of every examination such further inquiry, if any, as it may think
which they attend. fit, may, by notification in the Official
4. The report of a visitor shall be treated as Gazette, direct that an entry shall be made
confidential unless in any particular case the in the appropriate Schedule against the said
President of the Council otherwise directs: medical qualification declaring that it shall
Provided that if the Central Government be a recognised medical qualification only
requires a copy of the report of a visitor, when granted before a specified date or that
the Council shall furnish the same. the said medical qualification if granted to
19. Withdrawal of Recognition: students of a specified college or institution
1. When upon report by the Committee or the affiliated to any university shall be a
visitor it appears to the Council: recognised medical qualification only
(a) that the courses of study and when granted before a specified date or,
examination to be undergone in, or the as the case may be, that the said medical
proficiency required from candidates at qualification shall be a recognised medical
any examination held by any university qualification in relation to a specified
or medical institution, college or institution affiliated to any
(b) that the staff, equipment, accom- university only when granted after a
modation, training and other facilities specified date.
default or of improper action being found 33. Power to Make Regulations: The Council
by the Commission to have been may, with the previous sanction of the Central
established, the Commission shall Government, make regulations generally to
recommend the remedies, if any, which are carry out the purposes of thisAct, and, without
in its opinion necessary. prejudice to the generality of this power, such
2. The Central Government may require the regulations may provide for:
Council to adopt the remedies so (a) the management of the property of the
recommended within such time as, having Council and the maintenance and audit of
regard to the report of the Commission, it its accounts;
may think fit, and if the Council fails to (b) the summoning and holding of meetings of
comply with any such requirement, the the Council, the times and places where such
Central Government may amend the meetings are to be held, the conduct of
regulations of the Council or make such business thereat and the number of members
provision or order or take such other steps necessary to constitute a quorum;
as may seem necessary to give effect to the (c) the resignation of members of the Council;
recommendations of the Commission. (d) the power and duties of the President and
3. A Commission of Inquiry shall have power Vice-President;
to administer oaths, to enforce the (e) the mode of appointment of the Executive
attendance of witnesses and the production Committee and other committees, the
of documents, and shall have all such other summoning and holding of meetings, and
necessary powers for the purpose of any the conduct of business of such committees;
inquiry conducted by it as are exercised by (f) the tenure of office, and the powers and
a civil court under the Code of Civil duties of the Registrar and other officers and
Procedure, 1908 (5 of 1908). servants of the Council:
31. Protection of Action taken in Good Faith: (i) the form of the scheme, the particulars
No suit, prosecution or other legal proceeding to be given in such scheme, the manner
shall lie against the Government, the Council in which the scheme is to be preferred
or a State Medical Council or any Committee and the fee payable with the scheme
thereof, or any officer or servant of the under clause (b) of sub-section (2) of
Government or Councils aforesaid for anything Section 10A;
which is in good faith done or intended to be (ii) any other factors under Clause (g) of
done under this Act. sub-section (7) of Section 10A;
(iii) the criteria for identifying a student who
32. Power to Make Rules:
has been granted a medical qualification
1. The Central Government may, by referred to in the explanation to sub-
notification in the Official Gazette, make section (3) of Section 10B;
rules to carry out the purposes of this Act. (g) the particulars to be stated, and the proof of
2. All rules made under this section shall be qualifications to be given the applications
laid or not less than thirty days before both for registration under this Act;
Houses of Parliament as soon as possible (h) the fees to be paid on applications and
after they are made, and shall be subject to appeals under this Act;
such modifications as Parliament may make (i) the appointment, powers, duties and
during the session in which they are so laid procedure of medical inspectors and
or the session immediately following. visitors;
(j) the courses and period of study and of and may exercise any of the powers
practical training to be undertaken, the conferred or perform any of the duties
subjects of examination and the standards imposed on the Council; and any
of proficiency therein to be obtained, in vacancy occurring in the said Medical
universities or medical institutions for grant Council may be filled up in such manner
of recognised medical qualifications; as the Central Government may think
(k) the standards of staff, equipment, fit; and
accommodation,training and other facilities (b) the Executive Committee and other
for medical education; Committees of the said Medical Council
(l) the conduct of professional examinations, as constituted immediately before the
qualifications of examiners and the commencement of this Act, shall be
conditions of admission to such deemed to be the Executive Committee
examinations; and other Committees constituted under
(m) the standards of professional conduct and this Act.
etiquette and code of ethics to be observed
by medical practitioners; and NEW ETHICAL REGULATIONS FROM
(i) the modalities for conducting screening
MEDICAL COUNCIL OF INDIA
tests under sub-section (4A), and under
proviso to sub-section (4B) and for
issuing eligibility certificate under sub- These Regulations may be called the Indian
section (4B) of Section 13; Medical Council (professional conduct, and ethics)
(n) any matter for which under this Act Regulations, 2002 and they are binding on all
provision may be made by regulations. doctors in India.
1.1.2 The prime object of the medical of the physician extend not only to
profession is to render service to individuals but also to society.
humanity; reward or financial gain is a 1.2.2 Membership in Medical Society: For the
subordinate consideration. Whosoever advancement of his profession, a
chooses his profession, assumes the physician should affiliate with
obligation to conduct himself in associations and societies of allopathic
accordance with its ideals. A physician medical professions and involve actively
should be an upright man, instructed in in the functioning of such bodies.
the art of healing. He shall keep himself 1.2.3 A physician should participate in
pure in character and be diligent in professional meeting as part of
caring for the sick; he should be modest, Continuing Medical Education
sober, patient, prompt in discharging his programmes, for at least 30 hours every
duty without anxiety; conducting five years, organised by reputed
himself with propriety in his profession professional academic bodies or any
and in all the actions of his life. other authorised organisations. The
1.1.3 No person other than a doctor having compliance of this requirement shall be
qualification recognised by Medical informed regularly, to Medial Council
Council of India and registered with of India or the State Medical Councils
Medical Council of India/State Medical as the case may be.
Council(s) is allowed to practise modern
1.3 Maintenance of medical records:
system of medicine or surgery.A person
obtaining qualification in any other 1.3.1 Every physician shall maintain the
system of medicine is not allowed to medical records pertaining to his/her
practise modern system of medicine in indoor patients for a period of 3 years
any form. from the date of commencement of the
treatment in a standard proforma laid
1.2 Maintaining good medical practice: down by the Medical Council of India
1.2.1 The principal objective of the medical and attached as Appendix 3.
profession is to render service to 1.3.2 If any request is made for medical
humanity with full respect for the dignity records either by the patients/authorised
of profession and man. Physicians attendant or legal authorities involved,
should merit the confidence of patients the same may be duly acknowledged and
entrusted to their care, rendering to each documents shall be issued within the
a full measure of service and devotion. period of 72 hours.
Physicians should try continuously to 1.3.3 A registered medical practitioner shall
improve medical knowledge and skills maintain a Register of Medical
and should make available to their Certificates giving full details of
patients and colleagues the benefits of certificates issued. When issuing a
their professional attainments. The medical certificate he/ she shall always
physician should practise methods of enter the identification marks of the
healing founded on scientific basis and patient and keep a copy of the certificate.
should not associate professionally with He/she shall not omit to record the
anyone who violates this principle. The signature and/or thumb mark, address
honoured ideals of the medical and at least one identification mark of
profession imply that the responsibilities the patient on the medical certificates or
report. The medical certificate shall be should announce his fees before rendering
prepared as in Appendix 2. service and not after the operation or
1.3.4 Efforts shall be made to computerise treatment is under way. Remuneration
medical records for quick retrieval. received for such services should be in the
1.4 Display of registration numbers: form and amount specifically announced to
the patient at the time the service is rendered.
1.4.1 Every physician shall display the
registration number accorded to him by It is unethical to enter into a contract of “no
the State Medical Council/Medical cure no payment”. Physician rendering
service on behalf of the state shall refrain
Council of India in his clinic and in all
from anticipating or accepting any
his prescriptions, certificates, money
consideration.
receipts given to his patients.
1.9 Evasion of legal restrictions:Thephysician
1.4.2 Physicians shall display as suffix to
shall observe the laws of the country in
their names only recognised medical
regulating the practice of medicine and shall
degrees or such certificates/diplomas
also not assist others to evade such laws. He
and memberships/honours which
should be cooperative in observance and
confer professional knowledge or
enforcement of sanitary laws and regulations
recognises any exemplary qualification/
in the interest of public health. A physician
achievements.
should observe the provisions of the State
1.5 Use of generic names of drugs: Every Acts like Drugs and Cosmetics Act, 1940;
physician should, as far as possible, Pharmacy Act, 1948; Narcotic Drugs and
prescribe drugs with generic names and he/ Psychotropic SubstancesAct,1985; Medical
she shall ensure that there is a rational Termination of Pregnancy Act, 1971;
prescription and use of drugs. Transplantation of Human OrganAct, 1994;
1.6 Highest quality assurance in patient care: Mental Health Act, 1987; Environmental
Every physician should aid in safeguarding Protection Act, 1986; Pre-natal Sex
theprofessionagainstadmissiontoitofthose Determination Test Act, 1994; Drugs and
who are deficient in moral character or Magic Remedies (Objectionable
education. Physician shall not employ in Advertisement) Act, 1954; Persons with
connection with his professional practice any Disabilities (Equal Opportunities and Full
attendant who is neither registered nor Participation) Act, 1995 and Bio-medical
enlisted under the MedicalActs in force and Waste (Management and Handling) Rules,
shall not permit such persons to attend, treat 1998 and such otherActs,Rules, Regulations
orperformoperationsuponpatientswherever made by the Central/State Governments or
professional discretion or skill is required. Local Administrative Bodies or any other
1.7 Exposure of unethical conduct: A relevant Act relating to the protection and
physician should expose, without fear or promotion of public health.
favour, incompetent or corrupt, dishonest or
unethical conduct on the part of members CHAPTER 2
of the profession.
1.8 Payment of professional services: The 2. Duties of Physicians to their Patients
physician, engaged in the practice of
medicine shall give priority to the interests 2.1 Obligations to the sick:
of patients. The personal financial interests 2.1.1 Though a physician is not bound to treat
of a physician should not conflict with the each and every person asking his
medical interests of patients. A physician services, he should not only be ever
ready to respond to the calls of the sick In such instance, the physician should act,
and the injured, but should be mindful as he would wish another to act toward one
of the high character of his mission and of his own family in like circumstances.
the responsibility he discharges in the 2.3 Prognosis: The physician should neither
course of his professional duties. In his exaggerate nor minimise the gravity of a
treatment,he should never forget that the patient‘s condition. He should ensure
health and the lives of those entrusted himself that the patient, his relatives or his
to his care depend on his skill and responsible friends have such knowledge of
attention.A physician should endeavour the patient’s condition as will serve in the
to add to the comfort of the sick by best interests of the patient and the family.
making his visits at the hour indicated 2.4 The patient must not be neglected: A
to the patients. A physician advising a physician is free to choose whom he will
patient to seek service of another serve. He should, however, respond to any
physician is acceptable, however,in case request for his assistance in an emergency.
of emergency a physician must treat the Once having undertaken a case, the
patient. No physician shall arbitrarily physician should not neglect the patient, nor
refuse treatment to a patient. However, should he withdraw from the case without
for good reason, when a patient is giving adequate notice to the patient and his
suffering from an ailment which is not family. Provisionally or fully registered
within the range of experience of the medical practitioner shall not wilfully
treating physician, the physician may commit an act of negligence that may
refuse treatment and refer the patient to deprive his patient or patients from
another physician. necessary medical care.
2.1.2 Medical practitioner having any 2.5 Engagement for an obstetric case: When
incapacity detrimental to the patient or a physician who has been engaged to attend
which can affect his performance vis-à- an obstetric case is absent and another is
vis the patient is not permitted to practice sent for and delivery accomplished, the
his profession. acting physician is entitled to his
professional fees, but should secure the
2.2 Patience, delicacy and secrecy:
patient‘s consent to resign on the arrival of
Patience and delicacy should characterise
the physician engaged.
the physician. Confidence concerning
individual or domestic life entrusted by
patients to a physician and defects in the CHAPTER 3
disposition or character of patients observed
during medical attendance should never be 3. Duties of Physician in Consultation
revealed unless their revelation is required
by the laws of the State. Sometimes, 3.1 Unnecessary consultations should be
however, a physician must determine avoided:
whether his duty to society requires him to 3.1.1 However, in case of serious illness and
employ knowledge, obtained through in doubtful or difficult conditions, the
confidence as a physician, to protect a physician should request consultation,
healthy person against a communicable but under any circumstances such
disease to which he is about to be exposed. consultation should be justifiable and in
the interest of the patient only and not physician may prescribe medicine at any
for any other consideration. time for the patient, whereas the consultant
3.1.2 Consulting pathologists/radiologists or may prescribe only in case of emergency or
asking for any other diagnostic Lab as an expert when called for.
investigation should be done judiciously 3.6 Patients referred to specialists: When a
and not in a routine manner. patient is referred to a specialist by the
attending physician, a case summary of the
3.2 Consultation for patient‟s benefit: In
patient should be given to the specialist, who
every consultation, the benefit to the patient
should communicate his opinion in writing
is of foremost importance. All physicians
to the attending physician.
engaged in the case should be frank with
the patient and his attendants. 3.7 Fees and other charges:
3.3 Punctuality in consultation: Utmost 3.7.1 A physician shall clearly display his fees
punctuality should be observed by a and other charges on the board of his
physician in making themselves available chamber and/or the hospitals he is
for consultations. visiting. Prescription should also make
clear if the physician himself dispensed
3.4 Statement to patient after consultation: any medicine.
3.4.1 All statements to the patient or his 3.7.2. A physician shall write his name and
representatives should take place in the designation in full along with
presence of the consulting physicians, registration particulars in his
except as otherwise agreed. The prescription letterhead.
disclosure of the opinion to the patient
or his relatives or friends shall rest with Note: In government hospital where the
the medical attendant. patient-load is heavy, the name of the prescribing
3.4.2. Differences of opinion should not be doctor must be written below his/her signature.
divulged unnecessarily but when there
is irreconcilable difference of opinion CHAPTER 4
the circumstances should be frankly and
impartially explained to the patient or 4. Responsibilities of Physicians to Each
his relatives or friends. It would be Other
opened to them to seek further advice if
4.1 Dependence of physicians on each other:
they so desire.
A physician should consider it as a pleasure
3.5 Treatment after consultation:No decision and privilege to render gratuitous service to
should restrain the attending physician from all physicians and their immediate family
making such subsequent variations in the dependants.
treatment if any unexpected change occurs, 4.2 Conduct in consultation: In consultations,
but at the next consultation reasons for the no insincerity, rivalry or envy should be
variations should be discussed/explained. indulged in. All due respect should be
The same privilege, with its obligations, observed towards the physician in-charge
belongs to the consultant when sent for in of the case and no statement or remark be
an emergency during the absence of made, which would impair the confidence
attending physician. The attending reposed in him. For this purpose no
discussion should be carried on in the They should play their part in enforcing the
presence of the patient or his representatives. laws of the community and in sustaining the
4.3 Consultant not to take charge of the case: institutions that advance the interest of
When a physician has been called for humanity. They should particularly co-
consultation, the Consultant should operate with the authorities in the
normally not take charge of the case, administration of sanitary/public health laws
especially on the solicitation of the patient and regulations.
or friends. The Consultant shall not criticise 5.2 Public and community health: Physicians,
the referring physician. He/she shall discuss especially those engaged in public health
the diagnosis treatment plan with the work, should enlighten the public
referring physician. concerning quarantine regulations and
4.4 Appointment of substitute: Whenever a measures for the prevention of epidemic and
physician requests another physician to communicable diseases. At all times, the
attend his patients during his temporary physician should notify the constituted
absence from his practice, professional public health authorities of every case of
courtesy requires the acceptance of such communicable disease under his care, in
appointment only when he has the capacity accordance with the laws, rules and
to discharge the additional responsibility regulations of the health authorities. When
along with his/her other duties. The an epidemic occurs a physician should not
physician acting under such an appointment abandon his duty for fear of contracting the
should give the utmost consideration to the disease himself.
interests and reputation of the absent 5.3 Pharmacists/Nurses: Physicians should
physician and all such patients should be recognise and promote the practice of
restored to the care of the latter upon his/ different paramedical services such as,
her return. pharmacy and nursing as professions and
4.5 Visiting another physician‟s cases: When should seek their cooperation wherever
it becomes the duty of a physician required.
occupying an official position to see and
report upon an illness or injury, he should CHAPTER 6
communicate to the physician in attendance
so as to give him an option of being present. 6. Unethical Acts
The medical officer/physician occupying an
official position should avoid remarks upon A physician shall not aid or abet or commit any of
the diagnosis or the treatment that has been the following acts which shall be constructed as
adopted. unethical:
called upon or requested to give certificates, diseases and treatments which may have the
notification, reports and other documents of effect of advertising himself or soliciting
similar character signed by them in their practices; but is open to write to the lay press
professional capacity for subsequent use in under his own name on matters of public
the courts or for administrative purposes, health, hygienic living or to deliver public
etc. Such documents, among others, include lectures, give talks on the radio/TV/ internet
the ones given at Appendix-4. Any chat for the same purpose and send
registered practitioner who is shown to have announcement of the same to lay press.
signed or given under his name and 7.12. An institution run by a physician for a
authority any such certificate, notification, particular purpose such as a maternity home,
report or document of a similar character nursing home, private hospital,
which is untrue, misleading or improper, is rehabilitation centre or any type of training
liable to have his name deleted from the institution, etc.,may be advertised in the lay
register. press, but such advertisements should not
7.8 A registered medical practitioner shall not contain anything more than the name of the
contravene the provisions of the Drugs and institution, type of patients admitted, type
Cosmetics Act and Regulations made of training and other facilities offered and
thereunder. Accordingly: the fees.
7.13 It is improper for a physician to use an
(a) prescribing steroids/psychotropic drugs
unusually large sign board and write on it
when there is no absolute medical
anything other than his name, qualifications
indication;
obtained from a university or a statutory
(b) selling Schedule ‘H’ & ‘L’ drugs and
body, titles and name of his speciality,
poisons to the public except to his
registration number including the name of
patient.
the State Medical Council under which
In contravention of the above
registered. The same should be the contents
provisions shall constitute gross
of his prescription papers. It is improper to
professional misconduct on the part of
the physician. affix a signboard on a chemist’s shop or in
places where he does not reside or work.
7.9 Performing or enabling unqualified person 7.14 The registered medical practitioner shall not
to perform an abortion or any illegal disclose the secrets of a patient that have
operation for which there is no medical, been learnt in the exercise of his/her
surgical or psychological indication. profession except:
7.10 A registered medical practitioner shall not
issue certificates of efficiency in modern (i) in a court of law under order of the
medicine to unqualified or non-medical Presiding Judge;
person. (ii) in circumstances where there is a serious
and identified risk to a specific person
Note: The foregoing does not restrict the
and/or community; and
proper training and instruction of bonafide students,
(iii) notifiable diseases. In case of
midwives,dispensers, surgical attendants,or skilled
communicable/notifiable diseases,
mechanical and technical assistants and therapy
concerned public health authorities
assistants under the personal supervision of
should be informed immediately.
physicians.
7.11 A physician should not contribute to the lay 7.15 The registered medical practitioner shall not
press articles and give interviews regarding refuse on religious grounds alone to give
arise from time to time in relation to which 8.6. Professional incompetence shall be judged
there may occur questions of professional by peer group as per guidelines prescribed
misconduct which do not come within any by Medical Council of India.
of these categories. Every care should be
taken that the code is not violated in letter APPENDIX-1
or spirit. In such instances as in all others,
the Medical Council of India and/or State
A. Declaration
Medical Councils have to consider and
At the time of registration, each applicant shall be
decide upon the facts brought before the
given a copy of the following declaration by the
Medical Council of India and/or State
Registrar concerned and the applicant shall read
Medical Councils.
and agree to abide by the same:
8.2 It is made clear that any complaint with
regard to professional misconduct can be 1. I solemnly pledge myself to consecrate my
brought before the appropriate Medical life to the service of humanity.
Council for disciplinary action. Upon 2. Even under threat, I will not use my medical
receipt of any complaint of professional knowledge contrary to the laws of humanity.
misconduct, the appropriate Medical 3. I will maintain utmost respect for human
Council would hold an enquiry and give life from the time of conception.
opportunity to the registered medical 4. I will not permit considerations of religion,
practitioner to be heard in person or by nationality, race, party politics or social
pleader. If the medical practitioner is found standing to intervene between my duty and
to be guilty of committing professional my patient.
misconduct, the appropriate Medical 5. I will practise my profession with
Council may award such punishment as conscience and dignity.
deemed necessary or may direct the removal 6. The health of my patient will be my first
altogether or for a specified period, from consideration.
the register of the name of the delinquent 7. I will respect the secrets which are confined
registered practitioner. Deletion from the in me.
Register shall be widely publicised in local 8. I will give to my teachers the respect and
press as well as in the publications of gratitude which is their due.
different Medical Associations/Societies/ 9. I will maintain by all means in my power,
Bodies. the honour and noble traditions of medical
8.3 In case the punishment of removal from the profession.
register is for a limited period, the 10. I will treat my colleagues with all respect
appropriate Council may also direct that the and dignity.
name so removed shall be restored in the 11. I shall abide by the code of medical ethics
Register after the expiry of the period for as enunciated in the Indian Medical Council
which the name was ordered to be removed. (Professional Conduct, Etiquette and Ethics)
8.4 Decision on complaint against delinquent Regulations 2002.
physician shall be taken within a time limit I make these promises solemnly, freely and
of six months. upon my honour.
8.5 During the pendency of the complaint the
Signature………………….
appropriate Council may restrain the
physician from performing the procedure or Name……………………...
practice which is under scrutiny. Place………………………
Address…………………… APPENDIX-3
Date…………….
Format for Medical Record
APPENDIX-2
(see Regulation 3.1)
Name of the patient :
1. Form of Certificate Recommended for
Age :
Leave or Extension or Communication Sex :
of Leave and for Fitness Address :
Occupation :
Signature of patient Date of 1st visit :
Or thumb impression…………… ……… ..... Clinical note
To be filled in by the applicant in the presence of (summary) of
the Government Medical Attendant, or the case :
Medical Practitioner. Prov.: Diagnosis :
Identification marks: Investigations
1……………………. advised with
2……………………. reports :
Diagnosis after
I, Dr…………………………….. after careful investigation :
examination of the case certify hereby Advice :
that……………………whose signature is given Follow up :
above is suffering from………………..and I Observations :
consider that a period of absence from duty of Date
…………………….with effect from ………… Signature in
………is absolutely necessary for the restoration full…………………
of his health. Name of Treating
I, Dr…………………….after careful Physician ...........
examination of the case certify hereby
that……………..on restoration of health is now fit APPENDIX-4
to join service.
Place………… Signature of medical List of Certificates, Reports, Notifications, etc.
attendant. ................. Issued by Doctors for the Purposes of Various
Date…………. Registration Acts/Administrative Requirements
No. ………............. (a) Under the Acts relating to Birth, Death or
(Medical Council of
Disposal of the Dead.
India/State Medical
(b) Under the Acts relating to Lunacy and
Council of
Mental Deficiency and under the Mental
…………State)
Illness Act and the Rules made thereunder.
Note: The nature and probable duration of the (c) Under the Vaccination Acts and the
illness should also be specified. This certificate Regulations made thereunder.
must be accompanied by a brief resume of the case (d) Under the FactoryActs and the Regulations
giving the nature of the illness, its symptoms,causes made thereunder.
and duration. (e) Under the Education Acts.
(f) Under the Public HealthActs and the orders The ICMR code defines that research on
made thereunder. human subjects should be with the purpose to
(g) Under the Workmen’s Compensation Act increase knowledge and should be conducted in a
and persons under Disability Act. proper manner. Informed consent should be taken.
(h) Under the Acts and Orders relating to the While conducting research, exploitation should not
notification of infectious diseases. be done and proper safety methods for the health
(i) Under the Employee’s State Insurance Act. of human subject should be taken. ICMR code
(j) In connection with sick benefit insurance provides for establishment of IEC (Institutional
and friendly societies. Ethics Committee) to supervise and regulate
(k) Under the Merchant Shipping Act. research in a research institute. The confidentiality
(l) For procuring/issuing of passports. of patients should be maintained. Specific
(m) For excusing attendance in courts of justice, principles of clinical evaluation of drugs/ vaccines/
in public services, in public offices or in devices/diagnostics/herbal remedies have been
ordinary employment. described in detail. Specific principles for
(n) In connection with Civil and Military epidemiological studies have been dealt with in
matters. detail. Guidelines of human genetic research have
(o) In connection with matters under the control also been detailed. Other specific principles
of Department of Pensions. included are for research in transplantation
(p) In connection with quarantine rules. including foetal tissue transplantation. Creation of
(q) For Procuring Driving Licence. human being for transplantation purposes is
banned.
ETHICAL GUIDELINES FOR BIOMEDICAL
RESEARCH ON HUMAN SUBJECT—ICMRUSE OF RED CROSS EMBLEM
CODE It has been seen that all over India, anyone who is
associated with health services uses the Red Cross
Indian Council of Medical Research has prescribed
emblem. This may not be unethical but it is illegal.
general principles in biomedical research on human
As per the Geneva Convention Act 1960 to which
subjects, commonly known as ICMR code to be
India is a signatory, Section 12 prohibits the use of
followed by all scientists working in India. It is
Red Cross emblem and all other allied emblems
binding on all scientists and action can be taken if
for any purpose whatsoever, without approval from
someone violates it. It consists of following:
the Government of India. Only members of medical
1. Statement of general principles on research division of armed forces of a country are authorised
using human subjects in biomedical to use Red Cross emblem (a red cross on a white
research. background). I think the Government of India
2. Statement of specific principles on research should issue clear guidelines in this regard to stop
using human subjects in specific areas of its misuse as it is misused by chemists, paramedical
biomedical research. staff and all hospital employees all over India.
26
Law in Relation to Medical
Practice: Part II
2. Expenses: Patient may claim that he has 2. Failure to do suction in the case of
paid more to the doctor than he deserved. unconscious patient may cause aspiration.
3. Reduction in Expectation of Life. 3. Failure to monitor foetal heart rate can cause
4. Reduced Pleasure of Life: This may occare foetal death.
due to psychic reasons or physical disability 4. Failure in resuscitation may cause death.
caused by the doctor during treatment, e.g.
loss of sexual pleasure due to negligent Act of Commission
surgery of penis or vagina.
If a patient suffers damages due to direct effect of
5. Physical or Mental Suffering.
treatment, it amounts to an act of commission.
6. Death: Patient‘s relative may claim that due
There are certain situations where the doctrine of
to negligent action of the doctor, the patient
res ipsa loquitar is applied, which means ‘it speaks
has died.
for itself’. The following are the examples:
Types of Medical Negligence 1. Presence of operative instrument in the
abdomen/chest.
They are of the following two types: 2. Operation on wrong limb/eye.
1. Civil Negligence: When a patient demands 3. Wrong or fatal dosages of drugs/anaesthetic
monetary compensation for the damage agents.
suffered, it is called civil medical negligence. To prove the doctrine of res ipsa loquitar,
For this, the patient can approach civil court the following components should be there:
or consumer redressal forum. ∑ The damage/injury could not have been
2. Criminal Negligence: When a patient or his produced without treatment taken.
relative approaches the police to take action ∑ Patient has not contributed to
against the doctor for the damages he has negligence.
causedtohim,itiscalledcriminalnegligence. ∑ Doctor was in exclusive control of
In death cases, most of the cases are registered circumstances.
against the doctor in Section 304A of the I.P.C.
Sometimes, cases are also registered under Sections Contributory Negligence
325 and 302 of the I.P.C.
When a patient contributes toward negligence, it is
How can the Negligence be Caused? called contributory negligence. In this, both doctor
and patient contribute toward negligence suffered
The damages to the patient can be caused by act of by the patient. Common examples of contributory
Omission and act of Commission. negligence are given below:
1. When a patient does not give proper history
Act of Omission of anaphylaxis/drug reaction on being asked
by the doctor and later he suffers damages
Failure to exercise reasonable degree of care can
due to this on the prescription of such drug.
cause damage to the patient. The following
2. Failure to take medicines as prescribed by
examples may illustrate the acts of omission:
the doctor may cause brain haemorrhage in
1. Failure to give proper post-operative care a hypertensive subject.
may result in death/damage due to sudden 3. Early movements in a case of fracture may
fall of blood pressure, cardiac arrest, etc. cause re-fracture.
4. Wrong medication in wrong dosages taken vials. But hospital can also be held
by the patient himself may cause damages. responsible if it is seen that hospital has not
Contributory negligence is a good plea for taken adequate steps for repair/ maintenance
the doctor in a case of negligence. But of such instrument. Hospital can also be
burden of proving contributory negligence sued if proper maintenance of drug vials is
lies on the doctor himself. not followed.
view the patient’s role. In such cases, the quantum 1. Always obtain informed consent in writing.
ofaward would depend uponthe ratio of the doctor’s 2. Always keep a file of laws related to medical
and the patient’s negligence. If both have contributed practice in office.
50 per cent each, no compensation may be awarded. 3. Employ only qualified assistants.
4. Have routine checking of all instruments for
Defence Against an Allegation of Negligence proper functioning and wiring.
5. Donotkeeptechnicalmedicalliteraturewithin
The following may be considered as three possible
the reach of the patients. Misunderstanding
avenues for defence:
can occur through misinterpretation.
1. Delegation of Duties: In this case, the 6. Do not give any diagnosis on telephone.
doctor who is sued takes the plea that 7. Do not prescribe medicine without
negligence that occurred was not due to him examination of the patient.
but by others whom he has delegated duty 8. Do not ever guarantee results.
like anaesthetist, surgeon, etc. It is 9. Keep everything confidential and do not
sometimes difficult for the patient to know show medical records to anyone without the
whom to sue, and in these cases the onus of patient‘s permission.
refutation would fall on all concerned. 10. Never abandon your patient.
2. Contributory Negligence: The doctor can 11. Do not argue over charges. Settle it
take the defence of contributory negligence amicably. If patient does not pay, if possible,
but in law, he has to prove that the patient forget it.
has contributed toward negligence. It is quite 12. Have sympathy with the patient.Accept the
difficult. But if he can show some amount patient as a ‘whole’.
of contribution by the patient, he might have 13. Do not lie, threaten or commit fraud in your
to pay less compensation. relationship with the patient.
3. Consent of the Patient: It may be contested 14. Do not criticise any patient or your
that the patient has willingly assumed the colleague in the presence of other patients.
risk of events actually taking place. This is 15. Medico-legal cases should not be refused
called doctrine of volenti non fit injuria. It treatment.
is best described in sports like boxing, motor 16. The most important is to talk to the patient
racing, etc., where if any damage occurs, and his relatives. Never assume that patient
there can be no claim. The same principle knows it.
is applied in medical treatment where doctor
can take plea that incidence of expected CONSUMER PROTECTION ACT
injuries was explained to the patient and he
Consumer ProtectionAct, 1986 was introduced with
has willingly taken the risk. This is a good
the purpose to provide relief to the consumer against
defence if the patient has refused to take
erring traders and manufacturers. It was envisaged
completely full course of the treatment.
at that time that there is a need of protection of
Proof of refusal by the patient should be
consumer from wrong business practices. The Act
obtained in writing if possible, otherwise
was intended to provide cheap and speedy trial for
such a remark must be made in case sheets.
consumer benefit, as it was found that civil courts
Guidelines to Avoid Negligence Suites are already burdened with heavy work and thus
unable to provide speedy justice.
Negligence suites can be avoided by following the Law defines the obligations of manufacturers
below mentioned guidelines: and traders. Any consumer who feels that the
service is not provided to him for which he has given in 90 days, but now even in consumer forums
paid is entitled for relief. there is a lot of pendency which results in inordinate
Under the Act, Forums have been established delay.
at district level, state level and national level. The complaint has to be filed within 2 years of
1. District Forum (Consumer Forum): In the cause of action. But the court has the power to
every district of the country, district forums admit the case even after 2 years if it finds reasons
are created. The district forum has three of delay condonable.
members. The Chairman is either a sitting The Act allows provisions for establishing
district and session judge or a retired one. consumer protection councils at state and central
Others are two eminent citizens, one being level working for the promotion and protection of
a lady. The district forum can award a the rights of the consumer.
compensation of up to Rs. 20 lakhs.
2. State Level Forum: Commonly called the Consumer Protection Act and Medical
State Consumer Redressal Commission, it Profession
has been set up at state level. It is presided
Initially, medical profession was not included in
over by a sitting High Court judge or a
the ambit of Consumer Protection Act as it was
retired one. Others are two prominent
thought that medical care is not covered under
citizens, one being a lady member. Appeals
against the judgements of the District concept of ‘service’. It was also thought that since
the behaviour of the body is unpredictable even in
Consumer Forum are heard in the State
the best of circumstances, common risks of medical
Consumer Redressal Commission.The state
profession can be misinterpreted and challenged
commission can award compensation of up
unnecessarily.
to Rs. One crore.
On 13.11.1995, the Supreme Court of India in
3. National Level Forum: In New Delhi,
its judgement in Civil Appeal No. 688 of 1993 in a
there is a National Consumer Redressal
case of Indian Medical Association vs V.P. Shantha
Commission which is presided over by a
& others held that medical practitioner can be sued
sitting Supreme Court judge or a retired one.
for compensation under Consumer Protection Act,
Other members are prominent citizens, one
1986 for any act of negligence. The Court held that
being a lady member. Appeals against
services rendered by doctors and hospitals are
judgements of the State Consumer
covered in the “service” as defined under Section
Redressal Commissions are heard in this
2(1)(0) of the Consumer Protection Act, 1986.
forum. The commission can award any
amount of compensation.Appeal against the Following are the salient features of the
judgements of the National Consumer judgement.
Redressal Commission can be filed only in 1. Hospitals and doctors which render service
the Supreme Court. withoutanychargewhatsoevertoeveryperson
availing the service would not fall under the
Procedure of Filing a Complaint purview of “service.”
2. If a hospital is charging a token amount for
The procedure of filing a complaint against a registration but providing free services to
deficiency of service by a trader is very simple. everyone, it would not be covered under the
There is no need of a lawyer. No court fee is Act.
required. Application on a plain paper is sufficient 3. Services rendered by doctors and hospitals
along with a copy of the goods purchased. It was or nursing homes on payment basis fall
envisaged at that time that judgement would be under the ambit of the Act.
4. Doctors and hospitals or nursing homes are now more aware of their rights, they would also
which provide free service to some of the be in a position to understand doctors’ viewpoint.
patients belonging to poor class but the bulk The Act would also help in curbing the activities
of the service is rendered to the patient on of quacks or pseudo-doctors. It is hoped that it
payment basis are also covered under the would bring more control over substandard care
Act. and substandard instruments. It will result in the
5. When a person has taken an insurance enhancement of levels of patient care. It would
policy for medical treatment whereunder all
make doctors more responsive to their patients.
the charges for consultations, diagnosis and
Some feel otherwise. They think it would
medical treatment are borne by an insurance
increase the cost of medical treatment as doctors
company, a person receiving the treatment
would go for defensive medicine and thus would
is beneficiary of the service which has been
opt for more and more investigations for which the
rendered by medical practitioner, the
payment for which would be met by patient would be paying. Some feel that doctors
insurance company under the insurance would hesitate in taking bold steps and would rely
policy. The service rendered to him by the on conservatism.
medical practitioner would not be free of I personally feel that by the inclusion of
charge and would, therefore, constitute medical profession into the ambit of Consumer
service as defined in the Act. ProtectionAct, 1986,now there would be more trust
6. Government hospitals/dispensaries where and transparency in doctor-patient relationship.
services are rendered on payment of charges There would be an increase in the standards of
and also rendered free of charges to other medical care, which in a long run would benefit
persons availing such services would fall the society. Let us see how things work in future.
under the ambit of the Act.
7. Services rendered free in government Medical Indemnity Insurance
hospitals/dispensaries will not be covered
within the ambit of theAct. Therefore, such It is an insurance plan offered now by various
government doctors/hospitals or insurance companies to doctors, nursing homes, or
dispensaries would be outside the purview hospitals to pay compensation to patients when
of consumer forum. However, the services legally imposed by consumer court or civil court
paid for, like pathological, radiological and in cases of negligence. The doctor who buys
other diagnostic procedures for which a fee insurance plan pays premium to the insurance
is charged by the hospital will fall within companies every year. The premium varies
the ambit of this Act. according to the specialties. Surgeons and
8. Services rendered at AIIMS, New Delhi;
anaesthetists have to pay more as compared to
PGIMER,Chandigarh, etc., which are being
physicians as chances of litigations are higher in
paid for, are also covered within the ambit
these two specialties.
of the Act.
Now certain medical defense unions have also
Post-inclusion Scenario of Medical come into force. They offer all kinds of support in
case of medical negligence. It involves preparing
Profession in Consumer Protection Act, 1986
defence, hiring lawyers to defend and liaison with
After inclusion of medical profession, a lot of hue insurance companies. Some medico-legal
and cry was raised, but slowly doctors are realising consultants are also giving professional help on
that it may be beneficial in the long run.As patients charge basis in cases of medical negligence.
%
Recent Advances in Crime
Detection
Nowadays, in the era of terrorism and high profile examination lasts about 2 hours. This test is quite
crime, it is essential that science keeps pace with important in cases of non-habituated criminals but
newer methods of crimes and helps the it fails in highly determined and highly motivated
investigating team in obtaining some vital criminals as they can speak lie very easily. No
information about the accused, suspects and permission is needed from the court to conduct
informants. The following techniques are recent this study. The findings of this test are not
ones and are being used all over the world. These admissible in the court of law but can provide leads
techniques are now available in India as well and to the investigating agencies.
have been adopted in many cases:
2. Narco-analysis orTruth SerumTest: In 1930s,
1. Polygraph or Lie Detector Test: This method a number of psychiatrists started analysing patients
was invented by Dr. John Larson, USA in 1921. It after giving drugs to them. This induced a state of
is based on the fact that there are changes in the sleep in them which decreased the effectiveness of
body which occur when a person lies and these the patients in controlling their conscious stage. The
changes can be effectively documented. In this term narco-analysis was coined as the drugs were
process, the subject is made to lie on a bed and a narcotics or sleep inducers.
lot of sensors are attached to his body. These sensors This test is performed under the supervision
measure changes in breathing, blood pressure, of an anaesthetist and clinical psychologist. The
pulse, respiratory rate and sweating. During this fitness of the subject is evaluated by anaesthetist—
process, the subject is asked some standard whether drug can be administered to him or not.
questions (also called control questions) which are His physical examination is documented. Sodium
correct and then his responses are recorded on a pantothenol or sodium amytal, which is commonly
polygraph. Then actual questions are asked which used in hospital practice to induce anaesthesia, is
are mixed with fillers and the person’s response administered in low doses. This drug causes
to these questions is documented. It has been sedation just like alcohol and the person becomes
generally found that if a person is lying, his blood talkative and less inhibited. His ability to hide truth
pressure and heart rate increase along with high decreases. Now a set of questions are asked to him
perspiration. The person’s response to some fillers in a controlled manner. His responses are recorded
is also documented. Since all these responses are via sound recorder. Most of the time, the subject is
recorded on a polygraph, it is also called able to reveal the truth as his guilt complex
‗polygraph test’. Usually the subject’s decreases.
This test can be performed only with the incidents related to the case, and his responses are
permission of the court and the subject himself as recorded. If a person has seen these images, P300
nobody can be forced to give evidence against wave is generated. The test usually takes 5-6 hours.
himself. The report of this test is not admissible in Permission from the court is not needed.The results
the court of law but it can provide leads to the are not admissible in court of law but can provide
investigating team to reach the truth. The test is leads to the investigative agencies to solve the case.
controversial but has been performed in many cases This test has been done in many cases in recent
in recent past. past like in Telgi case.
3. Brain Mapping or Brain finger printing: In 4. Hypnosis: Hypnosis is a trance stage induced
late 1980s in USA, Institute of Medicine of the by suggestion. In this, the subject is given
National Academy of Science started evaluating commands to relax, and slowly by giving
the importance of integrating neuroscientific suggestions, he is taken to a deep sleep stage, where
information by MRI, EEG, positron emission his unconscious mind can be probed. During the
tomography (PET) and other non-invasive entire stage, the subject remains conscious. This
scanning techniques to map anatomy, psychology, test can be done only with the active help of the
perfusion, function and phenotypes of human subject. This test is quite useful in investigation of
brain. The brain mapping was started for study of cases where information is sought from persons
memory, learning, aging and drug effects who witnessed the crime instead of committing it.
especially in schizophrenics, autistics and It may help them giving details about the persons
depressed people. This led to the establishment who committed the crime. The report of this test is
of the human brain project and later international also not admissible in court of law but can provide
consortium on brain mapping evolved. leads to the investigators about the persons who
Now this technique is used in crime detection committed the crime.
also. It is based on the principle that by showing
5. Writing Analysis or Graphology: ‗Graphology‘
images and words associated with the case, the
investigator wants to know if the subject has or ‘handwriting analysis’ is done to know the
genuineness of documents and to create
memories about the case. When a subject is shown
psychological profile of the person concerned. It
an image or words associated with the case, a wave
is also used in various industries to know about an
known as P300 is generated (the name is so given
employee‘s character. The report of this is
because the wave is generated 300 millisecond after
admissible in court of law in many cases of forged
the images or words are shown). This P300 wave
documents.
can be documented. This test is non-invasive. This
test was patented in 2001 by Lawrence Farwell, 6. Voice Stress Test: It is based on the principle
USA. The subject is made to sit on a chair and a that when a subject is lying, there are changes in
band containing six to seven neurosensors is his voice patterns which can be documented
attached. First the control experiments are done. objectively. No consent of the individual is required
Then the subject is shown images, words or but its report is not admissible in court of law.
TOXICOLOGY
28
Medico-legal Aspects of Poisons
The cosmetic was defined in this Act as poisoning is mostly intentional to kill the cattle of
―Any article intended to be rubbed, poured, the neighbour. Human poisoning can be accidental,
sprinkled or sprayed on, or introduced into, suicidal or homicidal:
or otherwise applied to, the human body or
1. Accidental Poisoning: Most of the
any part thereof for cleansing, beautifying,
poisoning is accidental. In children most
promoting attractiveness or altering the
of the poisoning is accidental as they
appearance,and include any article intended
consume tablets or syrup in the household
for use as component of cosmetics.
accidentally. Accidental poisoning can
This Act was later amended to include
occur in agricultural workers when
Ayurvedic and Unani drugs. Under thisAct,
spraying insecticides. It can occur if a
medicines are classified into Schedule H and
Schedule L. person drinks unsafe water contaminated
Schedule H contains list of poisons which with arsenic, etc.
can be sold only on prescription of a 2. Suicidal Poisoning: Nowadays, suicides
registered medical practitioner and these by poisoning is very common among
substances are labelled with the words farmers, especially in Andhra Pradesh and
―SCHEDULE ‘H’ DRUG” Warning - “To Punjab. They consume insecticides when
be sold by retail on the prescription of they are unable to pay agricultural loans.
registered medical practitioner only”. Aluminium phosphide and
Schedule L contains a list of antibiotics, organophosphorus compounds are first
antihistaminic and other chemotherapeutic choice followed by organochrolo
agents of recent origin. These substances are compounds. Suicide by poisoning is also
also labelled as “SCHEDULE ‘L’DRUGS” common in housewives.
Warning “To be sold by retail on the 3. Homicidal Poisoning: Poison is very
prescription of a registered medical commonly used for homicides, especially
practitioner only.” on young children who are done away with
The prescription of a registered medical this easily. Arsenic is commonly used
practitioner must be in writing, and signed by followed by opium, aconite, dhatura,
himwithdate.Nameandaddressofthepatient strychnine and potassium cyanide. If the
must be given.Total amount of medicine and intention is not to kill but rob, stupefying
dose should be clearly mentioned. agents like dhatura, Cannabis indica or
3. Pharmacy Act, 1948: The purpose of this chloral hydrate are used.
act is to make better provision for the
regulation of the profession of pharmacy
and setting up of ‘Pharmacy Councils’.
CLASSIFICATION OF POISONS
Under this act, Central Pharmacy Council
was established which has control over Poisons are classified according to the symptoms
education and examination of students which they produce in the body. Generally, poisons
entering pharmacy. The State Councils have are classified as follows:
also been constituted under this act.
Classification 1: Based on Structure
MEDICO-LEGAL ASPECTS OF POISONING
1. Corrosives: Strong acids and alkalis.
Poisoning in India is quite common. There are
instances of human and cattle poisoning. Cattle 2. Irritants: They may be of three types:
The following are the routes of administration of Factors Modifying Action of Poisons
poisons:
1. Oral, i.e. through mouth. The following factors modify the action of poisons
2. Through inhalation, i.e. by nose/mouth. in the body:
1. Quantity: It is a general rule that more the poison and death may be reported even with
quantity of poison in the body, more will be small doses. Allergies are genetically
its effect. But in some cases, too much of inherited and may run in families. If a person
poison can also trigger vomiting which may is already habituated to a particular poison
throw out majority of the poison. A large like alcohol, opium, dhatura or barbiturates,
quantity of poison may sometimes change etc., he may be able to tolerate higher doses
the mode of action of the poison.Arsenic in as compared to a normal non-addicted
large doses may cause death by shock while person. Drug reaction may occur in body
in small doses it may produce only and may potentiate the effect of poison or
gastrointestinal symptoms. render it useless. The sedative, hypnotic
2. Form: If a poison is administered in gaseous drugs have positive potentiating effect on
form it acts fastest, while solution acts faster level of alcohol once taken.A healthy person
than solid form. Sometimes, the effect of can tolerate poison better than a sick person
one poison may be countered by another or persons having systemic disorders like
poison which is also taken along with it. If hypertension, or diabetes.
somebody takes silver nitrate and
hydrochloric acid together, he will not have FEATURES OF POISONING
any poisonous effect as both poisons would
react with each other and produce
Features of Poisoning in Living
nonpoisonous silver chloride. Solubility of
the poison is also important as some poison
It depends upon the nature of poison taken by the
may not be water soluble but may dissolve
person to cause certain characteristics suggesting
in acid secretion of the stomach. The action
poisoning but generally following features may be
of poison may also be altered if an inert
seen:
substance is mixed with poison as it may
reduce absorption from the stomach. If a 1. The onset of illness is sudden in a previously
poison is highly diluted with water, it may healthy person except in chronic poisoning
not affect at all. in which it is insidious.
3. Mode of Administration: If a poison is 2. The symptoms usually start within 1 hour
introduced into the body via gaseous route of consumption of some food, water or drug,
it acts the fastest. Parenteral route acts faster if the poison has been given by oral route.
than oral route. The mode of administration
3. The symptoms start increasing and may
should be appropriate for the desired effect.
cause severe bodily disorders even leading
Snake venom is very poisonous if injected
to death. Symptoms may start decreasing
but harmless if taken by mouth.Application
once a certain time is passed.
of poison on intact skin acts quite slow as
compared to poison applied on mucous 4. It may be possible sometimes that persons
membrane. who have consumed food or water along
4. Condition of the Body: It has been found with a sick person may also show similar
that less doses of poison is required for symptoms.
children and old people as compared to 5. The final proof of poisoning lies in detection
young adults. Males tolerate poison better of poison in blood, urine, vomits or faeces.
than females. The body may have Similar poison can also be detected in left
anaphylactic reaction with any drug or over food or water.
illness should be taken and clinical assessment of Grade I: Drowsy but responds to verbal
the patient should be done immediately. If airways command.
are blocked, they should be made clear either by Grade II: Unconscious but responds to
suction or putting endotracheal tube. The blood minimum stimuli.
pressure should be taken and immediately fluid/ Grade III: Unconscious but responds only to
blood should be started intravenously to raise blood maximum painful stimuli.
pressure, if low. Assessment regarding Grade IV: Unconscious and no response.
consciousness should be made.
The rubbing of the patient’s sternum with
Glasgow Coma Scale clenched fist is very painful and is commonly used
as stimulus in clinical practice.
This scale is most commonly used in clinical
practice to define the stage of coma. In this, eye Treatment of Poisoning
response, motor response and verbal response are
taken into consideration. Higher the scale by total Once the patient is stabilised by taking care of the
count, higher is the level of consciousness. respiratory system and shock, the treatment of
The scale is calculated as follows by totalling poisoning should begin with following principles:
all scores in all the three features observed. The 1. Removal of unabsorbed poison from the
scale is described in format as E4 M2V3. The coma body.
score (E+M+V) varies from 3 to 14 showing deeply 2. Use of antidotes.
comatose to conscious (Table 28.1). 3. Elimination of absorbed poison from the
There is another method of grading body.
unconsciousness according to response to painful 4. Treatment of general symptoms.
stimuli and following grades can be seen:
Removal of Unabsorbed Poison from the Body
Table 28.1 Glasgow comma scale
If the poison has been given through inhalation,
Features observed Score the patient should be immediately removed from
1. Eye opening the site of inhalation. After airways have been
secured and made obstruction free, fresh oxygen
(a) Spontaneous E4
(b) On speech E3 should be given. If required, artificial respiration
(c) On pain E2 through ventilator can be given.
(d) No response E1 If the poison has been given by injection as in
2. Best motor response
snake bite, a tight ligature may be applied above
(a) Obeys all commands M5 the wound and the injected site should be cut open
(b) Localises M4 and poison may be sucked through a suction pump.
(c) Flex M3 It may be neutralised also by local application of
(d) Extends M2 antidote if available.
(e) Nil M1 If the poison has come into contact with the
3. Best verbal response skin, mucous membrane, or thrown into eyes like
(a) Oriented V5 corrosives or irritants, it should be washed with
(b) Confused conversation V4 water or a suitable antidote. Thorough lavage
(c) Inappropriate words V3 should be done.
(d) Incomprehensible sounds V2 If the poison has been taken through oral route,
(e) Nil V1 it should be removed by gastric lavage.
retaining poisons within its fine pores. Fats, induced by using mannitol. Forced acid diuresis
oil and egg albumin are also mechanical is helpful in amphetamine poisoning while
antidotes which act by forming a coating alkaline diuresis is helpful in aspirin and
on mucous membrane of stomach and hence barbiturate poisoning. Peritoneal/hemodialysis
retard absorption. can be done as it is useful in poisonings like
2. Chemical Antidotes: They act by forming barbiturates, bromides, salicylates, methyl alcohol
harmless compound or insoluble solution and digitalis. Blood transfusion can be done and
when come in contact with poison. Weak is very helpful in children. Purgatives can also be
used, if needed.
acids are used for strong alkalies. A very
important chemical antidote is potassium Management of General Symptoms
permanganate which is a good oxidising
agent. It is quite useful in opium poisoning, The shock should be managed by introducing
phosphorus, hydrocyanic acid, morphine, intravenous fluids. Pain should be taken care of by
atropine and other alkaloids. It is used as analgesic or injecting morphine if not contra-
stomach wash. First wash should be with indicated. Air passages should be kept open by
plain water so that the first wash can be endotracheal intubations, if necessary.
preserved for chemical poisoning testing The nutritional aspect of poisoning should be
and then potassium permanganate is added. taken care of.Adequate amount of dextrose solution
3. Physiological Antidotes: They act on should be given if the patient is not able to take
tissues of the body and produce symptoms himself. Feeding by gastric tube can be considered
exactly opposite to those caused by poison in cases where patient is unable to feed by himself.
acting on them or the enzymes. Common
example is neostigmine used in dhatura POISON INFORMATION CENTERS
poisoning to counter the effect of atropine.
4. Specific ReceptorAntagonist: It blocks the
action of the drug or poison at its target In 1994, National Poison Information Centre was
receptors. Atropine and physostigmine are started at theAll India Institute of Medical Sciences,
the two antagonist which act just opposite New Delhi. WHO has provided its software on
to each other. Other examples include BAL, poisons (INTOX) from where complete
EDTA, penicillamine and Desferal which information about poison regarding its composition,
are chelating agents. They act on the tissue diagnosis, clinical features and treatment is made
cell and dislodge the metallic ions. For this available to public. Second centre was opened at
action, they are used in metallic poisoning. the National Institute of Occupational Health,
Ahmedabad. New centres have also come up at the
Elimination of Poisons Absorbed into the Government General Hospital, Chennai, Industrial
System Toxicology Research Centre, Lucknow andAmrita
Institute of Medical Sciences, Cochin. The
Intravenous fluids should be given in sufficient Government of India plans to open more centres
quantity so that the kidneys are able to excrete all over India. All these centres can be assessed by
poisons. It should be noted that the person should common public or medical community to know
not be overloaded with fluids. Diuresis can be about nature and treatment of any poison.
29
Corrosive Poisoning
Corrosives are mainly acids and alkalies.Acids are magnesium oxide along with aluminium hydroxide
further divided into: may be added. Use of weak alkalies for
neutralisation should not be used. The patient
(a) Inorganic acids or mineral acids
(b) Organic acids should not be given anything orally for 2–3 days
after introduction of water or milk. The role of
(c) Halogens.
antibiotics and steroids is controversial. Total
parenteral nutrition has also been advocated for
INORGANIC ACID POISONING stricture control but still it is controversial.
Endoscopy is the standard practice in evaluation
The common inorganic acids are sulphuric acid, of such a patient. It is best performed within 24–
hydrochloric acid and nitric acid. 48 hours of ingestion. Laryngoscopy must be done
before endoscopy as sometimes supraglottic-
Mechanism of Action epiglottic burn may be there causing oedema and
thus causing airways obstruction. In such cases,
These strong acids have tendency to corrode tissues. endotracheal intubation should be done. If needed,
They cause coagulation necrosis by coming into laparotomy may be performed. If gastric necrosis
contact with tissue protein by precipitation. As a is seen, an oesophagogastrectomy may be
result of which there is extensive local damage. The preformed.Another controversial method to prevent
acids do not have remote effect. The walls of stricture formation is to insert a siliconised
oesophagus are more resistant to acid action but nasogastric tube in patients where endoscopy shows
stomach mucosa is not.Acids when taken in diluted second degree burn.
form, act as irritants. When acids are diluted too Gastric perforation and peritonitis are
much, they act as stimulant as in case of indications for immediate laparotomy. Late
hydrochloric acid. treatment includes oesophagoscopy followed by
dilatation of stricture and surgery for oesophageal
Treatment revision or replacement.
Acetyl Salicylic Acid (Aspirin) given. Kidney function may be taken care of by
giving a lot of fluid either by oral, or intravenous
The chemical formula is C9H8O4. This occurs as route. Metabolic acidosis should be corrected by
white, odourless, crystalline powder having acidic giving sodium bicarbonate. Hemodialysis or
taste. It does not dissolve in water easily. The acetyl peritoneal dialysis should be done at the earliest.
salicylic acid is very extensively used as an Vital functions should be maintained by giving
analgesic, and is a component of various medicines oxygen and intravenous solutions. Vitamin K
used in the management of fever, skeletal pain, should be administered if clotting time is prolonged.
control of inflammation, arthritis, etc. Forced alkaline diuresis is the key treatment to
achieve a urinary pH of more than 7.
Symptoms
Post-mortem Appearance
Headache, dizziness, thirst, epigastric distress,
nausea and vomiting are common features. The gastric mucosa may show haemorrhages and
Hematemesis may also occur. Later, red and ulcerative lesions. In brain haemorrhage may be
swollen face, weak and rapid pulse, hyperpnoea, seen. Rest of the findings are non-specific.
profuse perspiration and dehydration may be seen.
Mental changes commonly known as salicylate Medico-legal Significance
gags may be there followed by drowsiness and
Accidental poisoning is common when it is taken
coma. Hypersensitivity to salicylates has been also
in large doses. Aspirin is a very commonly used
reported. There may be anaphylactic reaction, medicine. Children may consume it accidentally.
urticaria and angio-neurotic oedema.When plasma Suicidal poisoning is very less but reported.
salicylate levels are between 35 and 50 mg per 100
Homicidal poisoning is very rare as very large doses
ml of blood or above, a primary respiratory
are required to kill a person.
alkalosis is reported as stimulating effect of
salicylates on respiratory system leads to Acetoaminophen (Paracetamol)
hyperpnoea and loss of CO2 results. Later,
metabolic acidosis supervenes due to increased As paracetamol is much preferred over aspirin in
excretion of bicarbonate, potassium and sodium. management of fevers, it is widely used.Accidental
Renal function may be disturbed. Toxic poisoning is quite common.
encephalopathy may occur. Death may occur due
to cardiac or respiratory failure. Symptoms
Fatal Dose Toxicity due to paracetamol can be divided into
four stages:
5-10 gm of aspirin is the minimum fatal dose. Stage I: It occurs between 12 and 24 hours
20-30 gm is an average fatal dose. Death may occur after ingestion. Nausea, vomiting, diarrhoea and
due to hypersensitivity reaction, even with one pallor may be seen.
tablet. Stage II: It occurs 24–48 hour after ingestion.
Fatal Period Clinically the patient appears better, but his liver
functions are deranged. SGOT, SGPT, bilirubin and
It may range from a few minutes to several hours. prothrombin time increase during this stage.
Treatment Stage III: It occurs 48–96 hours after
ingestion. Peak hepatotoxicity can be seen. Acute
Gastric lavage should immediately be done with renal failure may occur. Myocardial damage may
normal water, and activated charcoal should be be seen.
Stage IV: It occurs 7–8 days after ingestion. rhinorrhoea and lacrimation. It causes
Recovery may be seen. pneumonitis and severe pulmonary oedema.
Severe metabolic acidosis is seen along with
Mechanism of Toxicity
vomiting, vertigo and ventricular ectopic beats.
Paracetamol is metabolised by sulphation and Corrosion of teeth may be seen in chronic
glucuronidation. But a small fraction of poisoning among workers.
paracetamol is converted into toxic metabolite by
cytochrome P450 oxidase enzyme present in
Fatal Dose
hepatic cells. In overdoses, this metabolite causes Concentration above 50–100 ppm can cause death.
hepatotoxicity.
Treatment
Management
Mild poisoning does not require much treatment.
Gastric lavage should be performed immediately.
The person should be given oxygen for sometime.
N-acetylcysteine should be given as early as
In severe poisoning, sodium bicarbonate can be
possible via intravenous route or oral route. Monitor
given through nebuliser as it would neutralise the
the liver and renal functions. Forced diuresis and
acid formation in airways. Oxygen therapy should
hemodialysis are of not much use.The vitals should
be continued for long. Eyes should be treated with
be maintained. The conservative treatment should
water.
be followed.
Medico-legal Significance Post-mortem Features
Accidental poisoning with paracetamol is common The characteristic features are massive pulmonary
among children and adults. Suicidal poisoning may oedema, loss of respiratory epithelium and
be seen but homicidal poisoning is rare. characteristic pungent smell.
Medico-legal Significance
HALOGEN POISONING
Mild poisoning occurs sometimes in swimming
Chlorine, bromine and fluorine are the most pool where chlorine is used as disinfectant.
important halogens. They combine with hydrogen Accidental industrial poisoning can occur in
to form acids.
workers involved in industries where chlorine is
Chlorine used.
2. Potassium Hydroxide: The chemical formula 3. Purging is quite common in alkalies while
is KOH. It is hard, deliquescent and is available it is rare in acids. Severe pain with bloody
as pencils or cakes. It is soapy to touch, acrid in diarrhoea may be seen.
taste and is very soluble in water. It is a highly The ammoniacal vapours are very irritating to
strong alkali. respiratory systems. They produce congestion and
3. Sodium Hydroxide: The chemical formula is watering of eyes too. Pulmonary oedema may be
NaOH. It is a white, solid mass and resembles seen.
potassium hydroxide. It too, is highly soluble in
Fatal Dose
water and is a very strong alkali. Mixture of
sodium and potassium hydroxides is commonly 30 ml of ammonia is fatal. 5 gm of caustic soda is
referred to as ‘lye’. It is used for drain or oven fatal.
cleaner.
Fatal Period
4.Ammonium Carbonate: The chemical formula
is (NH4)2 CO3. It occurs as translucent, hard and Within 24 hours, death can occur.
crystalline mass. It is quite soluble in water and
Treatment
emits smell of ammonia. It is a very strong alkali.
5. Potassium Carbonate: It is also known as Gastric lavage is contraindicated in strong alkalies.
‗pearl ash’, ‘salt of Tartar’ or ‘Javakhar’. It is aIn milder cases only it can be done. Alkalies may
white, crystalline powder. It is a very strong alkali, be neutralised by vegetable acids like vinegar,
used mainly for cleaning purpose. The chemical lemon or orange juice. It should be followed by
formula is K2CO3. olive oil or white of egg, milk, etc.
Rest of treatment on conservative lines, is same
6. Sodium Carbonate: It is also known as
as that of acids. The oesophageal stricture should
‗washing soda’, ‘Sajjikhara’, or simply as soda.
be handled carefully.
The chemical formula is Na2CO3. It is transparent,
monosymmetric crystal and becomes white when Post-mortem Appearance
exposed to air. It is quite soluble in water. It is a
Corrosions are seen in alimentary canal but not as
strong alkali, commonly used for washing and
extensive as seen with mineral acids. Perforation
cleaning purposes.
is rare but may be seen in ammonia.
Symptoms Medico-legal Significance
The alkalies produce usual symptoms as acids Poisoning by alkalies is much less as compared to
except the following: acids. Most of the poisoning is accidental or
suicidal. Homicidal poisoning is very rare. Caustic
1. The taste of alkalies is acrid and soapy. soda may be locally applied to neck of ox or buffalo
2. The vomited matter is very alkaline and does to make it unfit for agricultural purpose, so that it
not effervesce as in acids when comes in would not be able to bear yoke of a plough due to
contact with earth. the local corrosive effect of caustic soda.
30
Irritant Poisons—Vegetable
Poisons
The following vegetable poisons commonly cause contain an active principle called ricin. Ricin is a
poisoning. water soluble glycoprotein. It is a toxalbumin (Fig.
30.1 and 30.2).
RICINUS COMMUNIS (CASTOR OIL PLANT, Toxalbumin or phytotoxin is a toxic protein
which causes agglutination of red blood cells
ARANDI)
leading to haemolysis and cell destruction. Its action
resembles bacterial toxin. Toxalbumin acts as an
It belongs to the family Euphorbiaceae. There are
antigen when injected into body and antibodies are
two types of seeds - a large red seed with brown
produced. When the oil of the castor seed is
blotches yielding about 40 per cent of oil which
extracted, the residue is very poisonous as it
is used for illumination, and a small grey seed
contains ricin.
having bright, polished, brown spots, yielding
about 37 per cent of oil, commonly used for Symptoms
medicinal purpose. The seeds of castor oil plant
The castor oil seed is not poisonous if taken as such,
as pericarp of seeds are not dissolved by intestinal
secretions and the seeds are passed out in toto in
stool. It is poisonous when crushed seed is given.
A few hours after ingestion of the seeds, the
gastrointestinal symptoms starts. There is burning
pain in throat, nausea, vomiting, thirst, and colicky
pain in the abdomen. Diarrhoea with blood may be
seen. Slowly, signs of dehydration appear as feeble
pulse, low blood pressure, cold clammy skin and
finally death due to shock. Oliguria may be seen.
Fatal Dose
Ten crushed seeds are fatal.
Fatal Period
Fig. 30.1 Castor plant with seeds. It can be 1–2 days.
Detection of Seeds
Fig. 30.3 4=JJE seeds. Fig. 30.4 5KEI made from H=JJE seeds.
The stomach mucosa, and intestinal mucosa may stomatitis, vomiting, diarrhoea, convulsions and
be severely congested and inflamed. Ulceration finally death may be seen. When applied externally,
may be seen. Dyspnoea, tachycardia, hypotension it may produce local irritation and inflammation
and finally death may occur. on the skin. If put in eyes, it may cause irritation
and conjunctivitis.
Fatal Dose
Fatal Dose
More than 5 gm is sufficient to kill the person.
Not known.
Fatal Period Fatal Period
uterus. In large doses, it causes respiratory failure and acidic. This is a very strong purgative when
leading to death. taken in large doses.
Symptoms Symptoms
When the roots are taken internally through mouth, The symptons are severe abdominal pain, vomiting,
it causes irritation of mucosa of stomach and severe diarrhoea and bloody stools leading to shock
intestine and later causes death due to narcotic and death.
action. Initially, there may be vomiting, burning
pain in the stomach and diarrhoea. When applied Fatal Dose
externally, it causes irritation and blister formation. The fatal dose is about 1–3 gm.
Medico-legal Significance Fatal Period
The crushed roots are used for procuring criminal Death may occur in 24 hours.
abortion. The paste of these roots are applied on
abortionsticks.Juiceoftherootscanbeappliedlocally Treatment
tosimulatebruise.Homicideisrarewiththeseplants.
Gastric lavage followed by conservative supportive
COLOCYNTH (BITTER treatment.
APPLE/INDRAYANI)
Medico-legal Significance
It is the dried pulp of fruit of Citrullus colocynthis
which is widely grown. The root and fruit contain It may be used for procuring criminal abortion or
a glycoside named colocynthin. It is bitter in taste may be taken for suicidal purposes.
31
Irritant Poisons—Non-metallic
Poisons (Inorganic)
person may collapse because of circulatory failure acid and phosphates. Instead of potassium
when he has consumed a heavy dose.Acute yellow permanganate, solution of hydrogen peroxide may
atrophy of liver is seen. The person may die due to also be used. Charcoal may be administered later
shock, or later due to passage into coma. on.
In most of the cases, however, the person The stomach can also be washed with warm
improves as symptoms subside. It may appear as water or 0.1 per cent solution of copper sulphate.
thought recovery has begun. But this is a latent It acts as a chemical antidote as it combines with
period before liver complications begin. phosphorus to form harmless copper phosphide.
Liver failure: Jaundice appears. Symptoms The patient should be given intravenous fluids and
resemble acute viral hepatitis. Pruritus develops. circulatory system should be managed with drugs.
The pain in stomach increases. Liver and spleen Morphine may be given to relieve pain.
are enlarged and tender. Diarrhoea and vomiting Dehydration should be taken care of with large
become prominent. Haemorrhages may occur in amount of fluids. To restrict liver damage, low fat,
mucous membranes like urethra, vagina and nose. high protein and high carbohydrate diet should be
Purpuric spots develop. The signs of hepatic failure given.
appear.
The nervous system also starts getting affected. Post-mortem Findings
Restlessness,insomnia, impaired vision, and finally On opening the body cavities, a garlic-like smell
paralysis may be there. Circulatory collapse may may be appreciated. The mucous membrane of
be there. Pulse becomes rapid and irregular. stomach and intestine may be found congested,
Hypotension develops. The person may die of inflamed and perforations may be seen. The
circulatory or nervous failure. stomach contents may be garlicky in smell and
luminous in the dark. Signs of liver failure may be
Mechanism of Action
seen. The skin may appear yellow. Haemorrhagic
spots may be seen all over the body. The liver
Phosphorus is a protoplasmic poison. It disturbs
presents the features of necrobiosis. It may be
cellular metabolism. Cellular oxidation is greatly
enlarged. The liver appears yellow, and fatty
affected and excessive fatty degeneration is seen.
degeneration may be seen. In acute yellow
When comes in contact with skin, yellow
phosphorus causes burns. phosphorus poisoning liver atrophy, liver is smaller
in size, greasy, leathery in character and yellow in
Fatal Dose appearance. The necrosis of liver cells is seen. The
fatty degeneration may be seen in heart and kidneys.
30–120 mg is the average fatal dose.
Fatal Period Chronic Phosphorus Poisoning
4–10 hours if collapse occurs due to heavy doses It is rare nowadays. It occurs in workers who are
otherwise it is about 2–7 days. Sometimes, 2–3 exposed to fumes of yellow phosphorous. There is
weeks may also occur before death. necrosis and sequestration of bones as a result of
increased bone formation in the Haversian and
Treatment
marrow canals of bone, which is due to disturbance
Gastric lavage should be done immediately with in the circulation of blood in bone. Even below the
solution of potassium permanganate. It acts as an epiphyseal cartilage, bone formation is seen. The
antidote by oxidising phosphorus present in the characteristic findings of chronic phosphorus
stomach to harmless compounds like phosphoric poisoning are pain in teeth, failure of dental socket
to heal, and swelling and necrosis of jaw. Usually, Acetylcholine is a neurotransmitter that affects
lower jaw in affected. This is also known as Phossy preganglionic and postganglionic parasympathetic,
jaw.The mucous membrane of mouth is congested. synapses (muscarinic actions), sympathetic
Besides these, pain in abdomen, nausea, vomiting, preganglionic synapses including the adrenal
diarrhoea, jaundice and anaemia may be seen. medulla (nicotinic actions) and the neuromuscular
Death may occur from debility. junctions (nicotinic actions). At the synapses it is
hydrolysed by the enzyme acetylcholinesterase.
Treatment
The toxic effects of organophosphorus compounds
The person should be immediately removed from and carbamates are due to inhibition of activity of
the source of fumes of yellow phosphorus.The teeth acetylcholinesterase. As a result, there is
should be taken care of by removing causes and accumulation of acetyl choline at the synapse. This
making supportive measures. initially stimulates and later paralyses the
cholinergic transmission in CNS, autonomic
Medico-legal Significance ganglia, parasympathetic nerve endings,
sympathetic nerve endings at sweat glands and
The phosphorus poisoning is rare now. People
neuromuscular junction.
working in the industry may get affected
accidentally. Some cases of suicidal and homicidal Symptoms
poisoning have been reported.
Carbamates cause less morbidity and mortality as
ORGANOPHOSPHORUS AND they cause transient inhibition of cholinesterase as
compared to organophosphorus compounds. Toxic
CARBAMATES POISONING
effects of carbamates on central nervous system are
not much prominent as they do not penetrate the
Organophosphorus compounds and carbamates are central nervous system as effectively as
extensively used all over India as insecticides and organophosphorus compounds. The accumulated
miticide in agriculture. They are quite effective, acetylcholine causes following symptoms:
cheap and easily available. Their quick action and
easy availability are the factors that they are 1. Muscarinic Features (Parasympathetic
extensively used as suicidal poisons. Accidental Features): Anorexia, nausea, vomiting,
poisoning is also very common in agricultural abdominal cramps, colic, sweating,
workers due to exposure. salivation, bronchial spasm, increased
The organophosphorus compounds are mainly bronchial secretion, pupillary constriction,
of two types—alkyl phosphates and aryl defective vision and cyanosis. Hypotension
phosphates. The common alkyl phosphates are and bradycardia may be seen.
HETP, TEPP, OMPA, Malathion, Systox, and 2. Nicotonic Features (Somatic Motor and
Dipterex. The common aryl phosphates are Sympathetic Nerve Endings): Muscle
parathion, Tik 20, chlorothion, etc. fasciculations, muscle cramps, fatigue, loss
The common preparations of carbamates are of deep tendon reflexes, paralysis,
Baygon, Kevin 50, carbaryl, carbendazim, tachycardia, hypertension and rarely
carbofuran, etc. mydriasis.
3. CNS Features: Severe headache, tremors,
Mechanism of Action restlessness, ataxia, weakness, confusion,
slurred speech, coma, convulsions and
They are absorbed from skin, respiratory, depression of cardiorespiratory centre.
gastrointestinal and circulatory systems very easily. Other features of poisoning are:
Specific Reactivator Oximes The spraying should not be done for more than 10
hours. The person should change clothes and take
PAM or pralidoxime can be used as it is a
bath after the spraying is over.
cholinesterase reactivator which primarily counters
Accidental poisoning among children is
the nicotinic effects of organophosphates, though
common when they put poison in their mouth
it can also reverse some of the CNS effects. Since
accidentally while playing in fields sprayed by
it generates acetylcholine at all levels, it can be
organophosphates.
effectively used. It is very effective if it is used early.
Homicidal poisoning is very rare as very bitter
In adults, PAM can be administered in a dose of 1–
taste of these compounds make them unfit as
2 gm slow intravenously over 10–20 minutes while
homicidal poisons. Kerosene-like smell cannot be
in children the dose is 25–40 mg/kg. The dose is
masked even when mixed with food although small
repeated 4–8 hours. PAM is contraindicated in
children can be given poison forcibly by mouth to
carbaryl (carbamate) poisoning. In other
kill them.
carbamates, the role of PAM is not clear. Since the
duration of action of carbamates is short, PAM is Aluminium Phosphide Poisoning
not required. Renal function should be adequate
when PAM is given. Aluminium phosphide poisoning has increased like
Besides above, electrolyte balance, hydration jungle fire since the last decade. Aluminium
and nutrition should be taken care of. Ventricular phosphide is used as grain preservative all over
arrhythmias should be managed. The most common India. In the market it is available in 3 gm pellet
cause of death is respiratory failure. containing 57 per cent aluminium phosphide, rest
Post-mortem Appearance being ammonium carbonate. The common names
of commercial preparations are Celphos, Alphos,
The findings suggest asphyxial death. The face is Quickphos, Synfume and Phosfume. The usual
found to be congested and blood-stained froth may procedure of storage is that after grains are
be seen. The stomach wall is found to be congested. deposited in godowns, pellets of aluminium
The stomach contents have a smell of kerosene. phosphide are kept in between and godowns are
The lungs are found to be congested and sealed. Phosphine gas is liberated which kills any
oedematous. The pulmonary oedema is seen. Brain pests or rodents which manage to sneak into
is congested and petechial haemorrhages may be godowns and thus get killed. Once the grains are
seen in brain, heart and stomach. needed for consumption, godowns are opened and
the grain is exposed to sunlight, the phosphine gas
Medico-legal Importance
present in the grain is liberated into atmosphere
The organo-phosphates and carbamates are and the grain is suitable for human consumption.
extensively used by farmers to commit suicide as The non-toxic residues like phosphite and
they are easily available and very effective. In India, hypophosphite of aluminium are left in the grain
in many states like Andhra Pradesh and Punjab which can easily be removed.
many farmers committed suicide by these poisons Mechanism of Toxicity
due to inability to pay loans.
Accidental poisoning is very common in Once the pellets of aluminium phosphide enter the
agricultural workers who spray them in fields. stomach due to ingestion, phosphine is liberated
Protective clothings like white overall, rubber due to action of water on pellet there. This
gloves, rubber boots, eye shields, dust masks, phosphine gas is absorbed and produces the
respirators, etc., should be used by these workers. deleterious effect. A part of aluminium phosphide
phosphide is present in the fluid, phosphine would Accidental poisoning is also reported in
be liberated and it will darken the filter paper by children who may eat it by mistake.
producing silver. The other strip is kept in open as Homicidal poisoning in adults is not reported
a control. but small children may be killed by forcible
If you want to test the presence of phosphine ingestion of pellets or giving them in food.
in breath, keep the filter paper impregnated with
silver nitrate as a mask. Ask the patient to breathe PYRETHRINS AND PYRETHROIDS
for 15–20 minutes. If phosphine is present, the
filter paper would turn dark due to production of
Pyrethrins are derived from plant chrysanthemum.
silver.
Pyrethroids are synthetic compounds which are
Post-mortem Appearance commonly used as “knockout” for mosquitoes and
other insects. The common pyrethrins and
There are no specific findings present. Congestion pyrethroids are allethrin used in Baygon mats,
and haemorrhages may be seen in gastric mucosa D-allethrin (used in Goodnight mats, Hit insect
and intestinal mucosa. repellent and pyrethrum (Tortoise mosquito coil).
Medico-legal Significance These compounds are used as insect repellent, in
pest control.
Aluminium phosphide poisoning is increasing as Since these compounds can easily be
farmers all over India are using it as a preservative. metabolised by human beings, they are not toxic
The aluminium phosphide pellets are easily but can produce allergic and other reactions when
available and are quite cheap. taken in large doses. The common symptoms are
Suicidal poisoning is very common in rural dermatitis, itching, eye irritation and rhinorrhoea
India by aluminium phosphide. Since it is kept in and nasal irritation. In large doses they can produce
homes, wives or children may also use it for suicidal nausea, vomiting, paraesthesias, seizures,
purposes. fasciculations and coma. Treatment includes skin
Accidental poisoning is also common as a decontamination by washing with soap. Eyes
farmer may sleep near godown and may die of the should be cleaned with water. In massive ingestion,
leaking phosphine from godown where it has been gastric lavage is useful. The rest of the treatment is
kept as a preservative. symptomatic.
!
Irritant Poisons—Metallic
Poisons (Inorganic)
Both of these salts are toxic and are used Arsenic is a very potent capillary poison. It dilates
for homicidal purpose and for killing cattle. capillaries and causes damage. This leads to
4. Arseniuretted Hydrogen: It is formed by generalised vasodilatation and transudation of
action of nascent hydrogen on a soluble plasma and causes shock. Intense thirst and severe
arsenic compound. It is liberated in vomiting may be seen. The urine is suppressed.
industries involving galvanising, soldering, Slowly the person goes into shock. The eyes are
etching or lead plating. It is very poisonous sunken.The pulse is feeble and irregular. The death
and has a garlicky odour. It burns with bluish occurs due to hypovolaemic shock.
white flame. It is a haemolytic poison. If a very large dose is taken, death may occur
rapidly from shock without producing any
Organic Compounds of Arsenic symptoms. Sometimes, when a large dose is taken,
it may induce vomiting and it may be possible that
These compounds are formed when arsenic all poison is vomited out even before absorption.
combines with big organic groups. Most of the
So, the person’s life may be saved (Table 32.1).
compounds were used in medicine but now they
A sensorimotor peripheral neuropathy may
are not used. Common are cacodylic acid, sodium
develop within few hours of congestion but it is
cacodylate, atoxyl, salvarsan, neosalvarsan and
usually seen 2–8 weeks after ingestion. In severe
sulpharsenobenzene. They are less toxic as
cases, the patient may have quadriplegia and may
compared to inorganic salts.
die due to respiratory failure as a result of
Acute Poisoning involvement of muscles. Cardiac manifestations
include acute cardiomyopathy, subendocardial
The symptoms of acute poisoning occur within 30 haemorrhages and ECG changes. Prolonged QT
minutes of the exposure. First, there is usually a interval and nonspecific ST-T changes may be seen.
metallic taste in the mouth and a slight smell of Hyperpyrexia and haemolysis may also be seen.
garlic in breath. Dry mouth and dysphagia are seen.
Severe nausea, vomiting, colicky abdominal pain Sub-acute Poisoning
and profuse diarrhoea with rice water stools start
abruptly. Bloody diarrhoea may also be seen. All When a small quantity of arsenic is administered
arsenic compounds inhibit sulphydryl enzyme slowly at a repeated intervals to cause death, it is
system which are necessary for cellular oxidation. called a sub-acute poisoning. In this case, death is
Table 32.1 Differences between arsenic poisoning and cholera
caused slowly and may appear as natural death due therapy is very useful. Dimercaprol (BAL) should
to illness. The symptoms are dyspepsia, cough and be administered in a dose of 3–5 mg/kg
tingling in the throat at first, then vomiting, purging intramuscularly every 4 hours. This dose should
with abdominal pain and tenesmus occurs. The be tapered off but administration of BAL should
motions become bloody. The symptoms of neuritis be continued till the urinary excretion is less than
are more marked. The patient complains of severe 50 mgm every 24 hours. Penicillamine has also been
pain in muscles which are quite tender. The death found to be useful in some cases. Recently 2,3-
occurs due to failure of respiratory muscles. In non- dimercaptosuccinic acid is used which can be given
fatal cases, paralysis may be seen. orally and is quite useful.
In the treatment of arseniuretted hydrogen, the
Acute Poisoning by Arseniuretted Hydrogen person should be treated with fresh air and oxygen
This gas when absorbed through lungs, inhalation. Early exchange transfusion or
immediately acts as direct poison to haemoglobin hemodialysis can be done. BAL is not much
of red blood cells. It causes haemolysis leading to effective in the treatment.
jaundice. Faintness, giddiness, intense headache, Post-mortem Findings
nausea, vomiting, abdomen pain, anuria and uremia
may be seen. Soon, dyspnoea, cyanosis and The characteristic finding is that the rigor mortis
collapse may set in. Death may occur due to coma lasts longer than usual. Due to dehydration, the
or respiratory failure. body may show features like sunken eyeballs and
it may appear to be shrunken. In internal
After 2–4 weeks of acute ingestion of arsenic,
appearances, stomach mucosa may show gross
hair loss may be seen along with Mees’s lines on
the nails. They are white transverse bands seen in congestion and is found covered with particles of
the nailplate. These lines may remain up to one arsenic embedded into it along with mucus. The
year. petechial haemorrhages may be seen. It must be
Fatal dose: About 180 mg of arsenic trioxide remembered that arsenic may be found in stomach
is a fatal dose. The fatal dose of arseniuretted even if it has been given by any route other than
hydrogen in exposure limit of 30 minutes–1 hour oral, as arsenic is re-excreted in the stomach and
in concentration of 1 part gas in 20,000 parts of intestine. Ulceration may be seen. The small
intestine is also found to be congested into large
air. Fatal period: The average fatal period is 12–
48 hours. flakes of mucosa. The liver, spleen and kidneys are
Diagnosis: Acute arsenic poisoning may be congested. Petechial haemorrhages may be seen in
confused with cholera where same features may heart, lungs, liver and brain. In poisoning by
be seen. Table 32.1 shows how to differentiate the arseniuretted hydrogen, the skin colour may be
two. yellow. The mucous membrane of stomach and
Treatment: Gastric lavage must be started at small intestine may be yellow coloured and
once. It should be done with plain water first, then inflamed. Oedema may be seen in lungs.
freshly prepared hydrated ferric oxide may be given Chronic Poisoning
in oral doses so as to convert arsenic trioxide into
harmless ferric arsenite. If it is not available, It usually occurs in workers involved in smeltering
activated charcoal may be given. Adequate and refining of ores, in the subliming of white
intravenous solutions should be given to manage arsenic in the manufacture of sheep-dips, weed
shock. An exchange transfusion may be of help in killers, insecticides, paints, dyes, etc. It has also
clearing arsenic from blood in early stages. been reported in patients who have been taking
Hemodialysis, if available, can be done. Chelation medicines containing arsenic for a long time.
looks and health but it too, is not correct. imbibition is not so much as to produce signs
All these people suffer from mild chronic of ulceration and congestion in the stomach
arsenic poisoning. which is a vital ante-mortem sign.
3. Elimination of Arsenic: Arsenic is
eliminated from body through urine, stools, MERCURY
hair and nails and to some extent through
sweat, saliva, bile, bronchial secretion and The mercury exists in three forms: metal, inorganic
milk. If we can divide hair into successive salt and organic salts.The inorganic salts are mainly
lengths from root upward and analyse them mercurous and mercuric salts while organic salts
separately, we can get information regarding are alkyls and aryls. Mercuric salts are more toxic
the time elapsed since arsenic had been than mercurous salts.
given. If arsenic is not given during certain
period, it would not appear in the length of Elemental Mercury
hair formed in that duration of time. The
growth of hair is about one cm in 28 days. It is a liquid metal, silvery lustre, volatile at room
From that we can calculate the time when temperature. Its fumes are odourless and invisible.
the arsenic was given. By neutron activation It is used in making thermometers, barometers,
analysis of hair, we can find out the amount mercury vapour lamps and in electrical industry. It
of arsenic ingested during that time. is also used in gastroenterology equipment.
4. Deposition of Arsenic: Arsenic gets
Clinical Features
deposited in bones due to conversion of the
phosphates present in the bones into When elemental mercury is ingested, it is not
arsenates. So, it is very essential that long absorbed well by the gut. It is seen that ingestion
bones must be preserved if chronic arsenic of elemental mercury is not at all harmful to the
poisoning is suspected. In acute poisoning, body except some local irritation. Mercury may get
the arsenic gets deposited in liver. The stored in appendix, which may later inflame and
greatest concentration of arsenic is seen in appendicectomy may be required. On X-ray
hair and nails where it is stored permanently. examination, mercury can be seen as small,
Hair and nails must be preserved in any rounded, opaque globules of diameter less than
suspected arsenic poisoning. 3 mm. Systemic toxicity can only occur if there is
5. Effect on Decomposition: It has been an injury in gastrointestinal tract. Some ointments
found that arsenic retards decomposition contain elemental mercury. If these ointments are
and as a result, the body remains preserved applied in heavy doses all over the body, systemic
for a long time. toxicity can occur. The clinical features are
6. Post-mortem Imbibitions: Arsenic is not a headache, vertigo, followed by generalised itchy
normal constituent of body although it is lesions, fever and gingivo-stomatitis.
commonlypresentingroundwater,vegetables The mercury poisoning can occur through
and soil. It is possible that once dead body is inhalation when the metal is heated in a closed room
buried, some amount of post-mortem just as in gold ore purification. The symptoms
imbibition may start. In all cases of include dyspnoea, cough, fever, nausea, diarrhoea,
exhumation, control samples of soil from abdominal cramps, chest pain and blurring of
above, below and sides of the dead body vision. There is a metallic taste in the mouth. If it
should be taken for comparison of arsenic continues, pulmonary involvement may be there.
levelsfoundinit, ifany, althoughpost-mortem There may be pneumonia, pulmonary oedema and
death.The chronic inhalation of mercury may cause as a religious practice of married women. It
painful extremities commonly called acrodynia. is considered as non-poisonous.
There may be anorexia, weight loss, irritability, 4. Mercuric Sulphate: It is white in colour
redness of fingers and photophobia. and acts as a corrosive.
Sometimes, mercury may enter circulation by
mistake in clinical practice through intravenous 5. Mercurous Chloride: It is sold in market
injection while taking arterial blood gas sampling as vas Kapoor. It is heavy, white mass often
with syringes which contain elemental mercury as mixed with mercuric chloride. Previously
seal. Peripheral mobilisation may be seen and it was used as teething powder of young
gangrene may be observed in distal phalanges children.
where mercury is lodged. Fatal Period
Treatment 3–5 days.
If elemental mercury is ingested, laxatives are given Fatal Dose
and X-rays are repeated after 2–3 days. It takes
about 6 weeks for the mercury to leave. In local 1–4 gm is fatal dose for mercuric chloride. Local
application, chelation therapy with BAL and application of 7–10 gm of mercuric oxide on open
D-penicillamine may be done if toxicity is seen. In lesions is fatal.
inhalation, treatment is supportive and chelation can
be done, if required.
Clinical Features
Inorganic mercurial compounds produce toxicity by
Inorganic Salts of Mercury ingestion, inhalation or absorption through skin.
These compounds do not cross blood-brain barrier.
The common compounds of inorganic salts of
Kidneys and colon are the worst affected. Corrosive
mercury which produce toxicity are as follows:
action on alimentary canal causes nausea, vomiting,
1. Mercuric Oxide: It is red or yellow burning, and necrosis. Acute renal failure sets in.
crystalline powder. It is insoluble in water. The person may die due to fluid loss and shock.
2. Mercuric Chloride: It is also known as Acute pulmonary oedema, coma, muscle tremors
corrosive sublimate. It is heavy, colourless and generalised hypertonia may be seen. In pregnant
mass of prismatic crystals or a white women, abortion may occur. In neonates, renal,
crystalline powder. It is used as an dysfunction, cataract and anaemia may be seen.
antiseptic quite commonly in clinical Gangrenous colitis may be seen after 6 days.
practice, and is applied on cuts, abrasions,
Laboratory Diagnosis
etc. When ammonia is added to a watery
solution of mercuric chloride, ammoniated Toxic blood mercury levels are seen as 3 mg/dl and
chlorine of mercury is produced which is urinary levels up to 100–300 mg/l.
used in preparation of some medical
ointments. Treatment
3. Mercuric Sulphide: It is the chief ore of Gastric lavage is indicated. Administer milk or egg
mercury and is artificially prepared as red white and later activated charcoal may be given.
powder, which is commonly known as Chelation therapy with BAL or penicillamine is the
sindoor or vermilion pigment. It is maintreatment.Hemodialysisandperitonealdialysis
commonly used by women in India on head is quite useful. Plasma exchange can also be
considered. If renal failure is seen, chelation therapy eruptions of erythematous and eczematous
is not much useful. In such cases Extra corporeal nature with some thickening of skin of hands
Regional Complexing Hemodialysis (ERCH) is and feet are seen.
quite useful. In this, chelating agent DMSA (2,3- 2. Mercurial Tremors or Hatters Shake
dimercaptosuccinic acid) is injected into arterial Tremors: These are coarse tremors seen on
bloodline of the dialyser. It causes redistribution of fingers first and tongue later. The
metal from protein binding sites to a complexed stammering or hesitation of speech is seen.
diffusible form which readily passes through the Later, the tremors develop in muscles of
dialyser membrane. So, both metal complex and face, arms and legs. These tremors are
chelating agent are removed from the body. absent while asleep. They are increased
when voluntary movements are done.
Post-mortem Findings
Movements are incoordinated. Peripheral
The corrosive action would be seen in the neuritis may be seen.
alimentary canal if a large dose is given; otherwise 3. Erethism: These are mental symptoms
symptoms of irritant poisoning would be seen. The which develop in workers in factories
large intestine, caecum, colon and rectum are found producing mirrors. The person may be
inflamed and ulcerated, and may show gangrene if irritable, mentally depressed, loss of
the patient has lived for some days. Liver, spleen memory found, and, he may be mentally
and kidneys are congested. The stomach may show confused. Hallucinations may be seen
congestion, necrosis or even perforation. Post- followed by insanity.
mortem lesions in alimentary canal are seen even
Treatment
in those cases where the corrosive sublimate has
been given by external route. The workers should be removed from the
surroundings immediately. The dental hygiene
Chronic Poisoning
should be taken care of. Chelation therapy with
Chronic poisoning occurs in factory workers who BAL is quite useful.
are exposed to vapours or dust of mercury while
working. It is also seen in patients who use Organic Compounds of Mercury
ointments for a long time which contain mercury.
Blood levels above 100 mgm per 100 ml of blood The organic compounds of mercury are of two
types: aryl and alkyl mercury compounds. The aryl
are indicative of poisoning.
mercury compounds are degraded into inorganic
Symptoms mercury in the body while alkyl mercury
compounds remain as organic compounds.
Abdominal symptoms like nausea, colic pain and
vomiting are seen. A brownish blue line is seen in Clinical Features
gums at the junction of teeth. The swollen gums,
Poisoning by organic compounds of mercury
painful salivary glands, bad mouth odour and
produces following clinical features:
necrosis of jaw may be seen. Other symptoms are:
1. Methyl Mercury: It is used as fungicide. It
1. Mercuria Lentis: A brownish reflex from is absorbed from gastrointestinal tract
anterior lens capsule of both eyes when seen completely. The main features are CNS
through slit lamp, called mercuria lentis is symptoms like neuropathies, inco-
observed. It is due to brownish deposit of ordination, tunnel vision, mental
mercury on anterior lens capsule. Skin deterioration, hearing loss, tremors, and
finally coma. Local application may salivation. The vomited matter is blue or green in
produce dermatitis and irritation. colour and it can be differentiated from bile by
2. Ethyl Mercury: In addition to the above, addition of ammonium hydroxide when the colour
renal damage and gastrointestinal symptoms changes to deep blue. There may be diarrhoea.
are seen. Oliguria, hematuria, albuminuria and uremia may
3. Phenyl Mercury: The common route is oral be seen. Jaundice is common. The person dies of
ingestion. It produces symptoms that shock.
resemble inorganic compounds poisoning.
Fatal Dose
4. Mercurochrome: It is widely used in
clinical practice as it has bacteriostatic 15 gm of copper sulphate is sufficient to kill a
properties. It was previously given in person.
controlling infection by intravenous route.
It can cause acute nephritis, intestinal Fatal Period
lesions, fever and death. 1–3 days.
Treatment Treatment
The treatment of organic mercurial compound is Gastric lavage should be immediately done. It
mainly supportive. Chelation therapy is not useful in should be done with one per cent solution of
methyl mercury poisoning. In cases of aryl mercury potassium ferrocyanide to form insoluble cupric
compounds,chelationtherapyisuseful.Penicillamine ferrocyanide which is harmless. Milk or egg white
is more effective than BAL in such cases. can be given as antidote. The albumin present
COPPER would form insoluble harmless salt as albuminate
of copper. Chelation therapy with BAL is
The copper salts act on the body by precipitating recommended. In case of renal failure, dialysis
proteins. The following salts are important from should be done. The supportive treatment in form
medico-legal point. of fluids is essential. Ascorbic acid and methylene
1. Copper Sulphate: It is also commonly blue should be used for methaemoglobinaemia.
called Nila thotha or blue vitriol. The
chemical formula is CuSO4. It is blue
Post-mortem Appearance
crystalline powder freely soluble in water The skin may be yellow due to jaundice. Greenish
having a styptic taste. It can be given as an froth may be seen at mouth or nostrils. The mucosa
emetic in low doses but it is an irritant when
of gastrointestinal tract is congested, swollen and
given in large doses.
may show ulcerations. The stomach contents are
2. Copper Carbonate: It occurs in malachite
green or blue. The liver would be enlarged and may
in nature. It is obtained when carbonate of
show necrosis.
sodium is added to a solution of copper
sulphate. Chronic Poisoning
3. Copper Subacetate: It is frequently used
in medicine and arts. The chronic poisoning is seen in workers in
industries where copper dust or fumers are there.
Acute Poisoning
Symptoms
Symptoms start within 15–30 minutes of
consumption. There is severe vomiting, nausea, Greenish or purple line on gums, a coppery taste
thirst, metallic taste in mouth, burning pain and in mouth, nausea, dyspepsia, vomiting, diarrhoea
with colic in abdomen may be seen. Renal damage 6. Lead Sulphate: This is heavy white powder
may be seen. Peripheral neuritis, congestion and insoluble in water. It is nonpoisonous.
ulceration of cornea may be seen. Jaundice would 7. Lead Chloride: It is white, needle-shaped
be commonly seen. The hair, urine and sweat may crystal which is quite soluble in hot water
be green coloured. but less in cold water. When it is heated with
air, it is converted into oxychloride which
Treatment
is employed as white pigment, known as
The person should be removed from the site. The ‗Pattison‘s white lead’. The yellow
conservative treatment should be started. oxychloride is obtained by heating lead
oxide and ammonium chloride. It is known
Medico-legal Significance
as ‘cassel yellow’ and is used as pigment.
Copper as a metal is non-poisonous. The copper 8. Lead Iodide: It is tasteless, odourless,
sulphate is consumed with the purpose of yellow powder soluble more in hot water
committing suicide. Its strong metallic taste and than cold.
blue colour makes it unfit for homicidal purpose. 9. Lead Sulphide: It is found in the form of
Accidental consumption can occur. cubic crystals. It is sold in markets as surma
in place of sulphide of antimony which is
used as collyrium for the eyes.
LEAD
10. Lead Monoxide: It is pale brick red or
The following preparations of lead are commonly orange scaly mass sometimes used by
used. quacks for treating syphylis. It is also used
by printers and glaziers and is also a
1. Lead Acetate: It is also known as ‘sugar of constituent of some hair dyes.
lead or Salt of Saturn’. It is white mass of 11. Lead Tetraoxide: It is also known as
acicular crystals having sweet, astringent Sindoor. It is scarlet, crystalline powder used
taste. When dissolved in water it forms acid as pigment. It is insoluble in water. It is used
solution. In old days, it was used to sweeten as vermilion but most often, vermilion is
wine. mercuric sulphide.
2. Lead Subacetate: It is the chief constituent 12. Tetraethyl Lead: It was added to prevent
of Goulard’s extract which is a colourless knocking in petrol. Now, it is not added and
liquid with a sweet, astringent taste and is petrol available now is free from lead.
alkaline in reaction.
3. Lead Carbonate: It is white, crystalline Acute Poisoning
powder, insoluble in water but soluble in
acids. It is extensively used as pigment in Lead acetate is the most common salt that causes
oil painting in basic carbonate form, acute poisoning. The following symptoms are seen:
commonly called Safeda. It is also used as Asweet,metallicastringenttasteinmouthalong
an ointment. with burning sensation in throat and stomach,
4. Lead Nitrate: It is used in calico printing. salivation and intense thirst are seen immediately
It is a crystalline powder soluble in water. after ingestion. Vomiting starts within 30 minutes.
5. Lead Chromate: It is bright yellow Colicinabdomenstartswithtendernessinabdomen.
insoluble powder used as pigment. It is Constipation is seen. Urine becomes scanty. The
known as ‘chrome yellow’. Some cases of featuresofperipheralshockstartappearingwithcold
poisoning have been reported when it is clammy skin, feeble rapid pulse and shock.
used to colour sweetmeats. Drowsiness, headache, muscular cramps and
convulsions may be seen. Paralysis of lower limbs nutritional supplements like vitamin D, vitamin C
may be seen. Death may occur. In acute poisoning and diet rich in calcium with milk should be given.
with tetraethyl lead, central nervous symptoms are
the main features. Irritability, insomnia, headache,
Post-mortem Appearance
vertigo, muscular weakness, bradycardia, The signs of irritation in stomach and intestines
hypotension and convulsions may be seen. may be seen. The mucosa may be thickened and
Sub-acute form: The sub-acute poisoning softened with white deposit. Erosion patches may
occurs when small doses of lead acetate are taken be seen. The organs would be congested.
repeatedly for a long time. Blue line is observed
on the gums. Gastrointestinal symptoms as Chronic Poisoning (Plumbism or Saturnism)
mentioned above are seen. The nervous symptoms
are very prominent. Numbness, vertigo, cramps and The chronic poisoning is very common among
paralysis of lower limbs may be seen. Death is rare workers in factories where lead and its products
but may occur due to convulsions and coma. are widely used. The chronic poisoning occurs in
paint sprayers, compositors, plumbers, enamel
Fatal Dose
workers, glass blowers, electric light workers, lead
20 gm of lead acetate is fatal. About 45 gm of lead ore refiners, etc. It may also result from taking food
carbonate is fatal. A maximum daily intake of contaminated due to storage in vessels containing
5 mgm of lead per kg body weight is permissible. lead. It may also be due to drinking ground water
containing lead, use of hair dyes and cosmetics.
Fatal Period Chronic lead poisoning can also occur due to
absorption from skin too.The women who are using
2–3 days is an average fatal period.
red lead as vermilion may get poisoning in due
Treatment course of time.
A second course can be given after a gap of 2 5. Red lead may also be used as a cattle poison.
days. After the second course, penicillamine in a 6. Accidental poisonings are common with
dose of 600 mg/sq.m/day can be given till blood salts of lead.
lead level and EP levels are normal. If blood lead
levels are more than 70 mg/ dl, chelation therapy ISOPROPANOL
should be a combination of calcium EDTA and
BAL immediately. Combined therapy produces
better excretion of lead. It is also called ‘Blue Heaven or IsopropylAlcohol’.
If encephalopathy is present, BAL and calcium It is colourless, volatile fluid with a faint smell of
acetone. It has a bitter taste. It is commonly used
EDTA are administered for 5–7 days. The dose of
calcium EDTA is 1500 mg/sq m/day and that of in massage as rubbing alcohol. It is also used as
BAL is 450 mg/sq m/day. disinfectant, paint remover, used in aftershave
Remove the retained lead pellets or bullets as lotions, hair tonics, used as industrial solvent, etc.
much as you can, if they are producing the lead
toxicity.
Clinical Symptoms
Once absorbed through gut on ingestion, it is Iron poisoning occurs in children due to accidental
converted to glycoaldehyde, glycolic acid and ingestion of higher doses of iron preparations used
oxalicacidwhichinhibits oxidativephosphorylation. in clinical practice. The common preparations
Metabolic pathways are affected. which are used clinically, are ferrous fumarate (cap.
Autrin), ferrous sulphate (cap. Fefol), ferrous
Clinical Features choline (cap. Ferrochelate) and ferric ammonium
citrate (liquid phosfomin).
There are three stages described according to the The poisoning mostly occurs due to
time of ingestion. There are: consumption of high doses of these preparations.
1. Up to 12 Hours: The common symptoms Symptoms
are vomiting, lethargy, nystagmus, ataxia,
convulsions and coma. There are four stages of iron poisoning which are
as follows:
2. Up to 24 Hours: It is due to effect on
cardiovascular system. Tachycardia, Stage I: It occurs within 6 hours of ingestion. The
tachypnoea, congestive heart failure, and initial symptoms are nausea, vomiting, diarrhoea
shock may be seen. and gastrointestinal haemorrhage. Perforation and
intestinal necrosis may be seen. Shock may be seen.
3. From 24 to 72 Hours: It is due to effect on
CNS effects include lethargy and coma.
renal system. Oliguria, acute tubular
necrosis and renal failure are seen. Stage II: It occurs between 6 and 24 hours, patient
The laboratory findings are acidosis, appears to be stable. Recovery may take place.
calcium oxalate crystals in urine and
Stage III: This stage is seen only in some
hypocalcaemia may be seen. If examined
percentage of cases and show signs of systemic
under Wood’s lamp, the urine will fluoresce toxicity. It occurs in between 12 and 24 hours. The
if the antifreeze has been taken.
chief symptoms are severe metabolic acidosis,
Fatal Dose fever, coma, bleeding disorders, hepatic failure,
renal failure and shock.
70–100 ml. Stage IV: Intestinal obstruction and scarring may
be seen after some weeks.
Treatment
Fatal Dose
Gastric lavage should be done immediately and
200–300 mg/kg is the fatal dose while mild to
activated charcoal may be left after lavage. Ethyl
alcohol is the antidote and is given in the same moderate intoxication occurs at 20–60 mg/kg and
severe intoxication at 60 mg/kg.
manner as mentioned in methyl alcohol poisoning.
It inhibits the metabolism of ethylene glycol by Fatal Period
competitive inhibition as competing for the same
enzyme, alcohol dehydrogenase. 4-methyl 24–30 hours.
pyrazole can also be used. Calcium gluconate can Treatment
be given to correct hypocalcaemia. Rest of the
treatment is on supportive lines. Hemodialysis can Case of iron-poisoning can be treated in following
be done. ways:
1. Manage the patient conservatively. Secure resemble natural gastroenteritis. Joint pain and
airways and maintain breathing and skeletal muscle pain may be seen. Bone marrow
circulation. depression may be seen. Hepatic and renal failure
2. Gastric lavage may be done in a conscious may be seen. Sensorimotor neuropathy, retrobulbar
patient with sodium bicarbonate solution neuritis, disturbed colour vision, paraesthesias and
and about 100 ml should be left behind after occasional ophthalmoplegia are the other features
lavage. seen. Myocardial toxicity may be evident in the
3. Chelation therapy with de-feroxamine form of hypertension, tachycardia and arrhythmias.
should be done. De-feroxamine in a dose Delirium, convulsions and coma may be seen. In
of 90 mg/kg should be given most cases, respiratory failure and shock are the
intramuscularly followed by 90 mg/kg every causes of death.
4–12 hours. Exchange transfusion is helpful Late complications include alopecia, ataxia,
in infants. choreiform movements, depression, dementia and
Post-mortem Features psychosis. Mental retardation has also been
reported. Rarely, SLE-like features, keratoconj-
The gastrointestinal tract would be inflamed and unctivitis sicca and Raynaud’s phenomenon have
congested. It may show perforation and necrosis. been reported.
The liver may show acute hepatic necrosis.
Fatal Dose
Medico-legal Significance
The iron poisoning is mainly accidental from over- 12 mg per kg body weight is the minimum lethal
dosage. The poisoning is commonly seen in dose.
children. Suicidal poisoning is sometimes reported.
Fatal Period
Homicidal poisoning is very rare.
24–30 hours.
THALLIUM
Mechanism of Action
Thallium is a white crystalline metal and is
extremely toxic. It is odourless and tasteless. These Thallium is highly poisonous and it resembles lead
qualities make it one of the ideal homicidal poison. in mechanism of action. It acts as an irritant to
Thallium is used in manufacture of optical lens and stomach and causes fatty changes in heart and liver.
in scintillation counters. There are two main It also causes necrosis in kidney.
thallium salts which are in common use.
Treatment
1. ThalliumAcetate: It is sometimes used in
the treatment of ring worm of the scalp. It Perform gastric lavage with Prussian blue
is colourless and odourless. (potassium ferric ferrocyanide) as it binds thallium
2. Thallium Sulphate: It is a potent in the gut and prevents its absorption. It is usually
rodenticide and is used for killing rats and given via duodenal tube along with mannitol. It is
ants. given in a dose of 125 mg/kg body weight twice
Symptoms daily. Forced diuresis is helpful.Activated charcoal
and saline purgatives can be given to enhance fecal
Nausea, vomiting and severe haemorrhagic excretion. The rest of the treatment is supportive.
gastroenteritis are the main features and may Hemodialysis is not effective.
33
Irritant Poisons—Animal
Poisons
The Spanish fly or blister beetle is a green coloured About 1–2 gm.
insect which is widely present. When the insect is
dried up and turned into a powder, a brown coloured Fatal Period
powder with green particles is obtained. The active
principle is cantharidin. This principle is freely 24–36 hours.
soluble in alcohol but not in water. It is a very strong
vesicant. The Spanish fly is known as cantharis Treatment
vesicatoria.InIndia, telenimakhi(Mylabriscichorii)
is widely prevalent in north India and Kashmir. It Gastric lavage should be done immediately. Fluids
also contains cantharidin. Other species of teleni should be started intravenously to avoid
makhi are also present throughout India. dehydration. The patient should be managed by
supportive treatment.
Symptoms
Post-mortem Appearance
On local application, cantharidin initially does not
cause any side effects but after 2–3 hours, local The green shining particles of powdered insects
redness and inflammation is seen which is followed may be found in the stomach and intestine. The
by multiple blisters formation. Later, all blisters may stomach and intestine may be found to be congested
combine and form a large area of necrosis. When and ulcerated. Acute tubular necrosis may be seen.
ingested, within 2 hours it produces severe burning Lungs are congested and oedematous. Kidneys are
in mouth, throat and stomach. It causes blistering of congested.
tongue, swollen tongue, intense thirst, increased
salivation due to inflammation of salivary glands, Medico-legal Significance
nausea, vomiting and diarrhoea. There is a pain in
loins,increased frequency of urine,painful priapism The cantharides are used as aphrodisiac due to their
with swelling and inflammation of genital organs. tendency to cause priapism. They can also be used
The patient becomes very restless. The person may to produce criminal abortion. It is rarely used for
die of peripheral shock with slow,feeble pulse along suicidal and homicidal purposes. Accidental
with low blood pressure. The voice of the person poisoning can occur due to application of blistering
may become hoarse due to the vocal cord spasm. paper (Charta epispastica).
Pit
Poisonous
Venom gland snake
(Pit viper)
Fangs
Poisonous
snake
Teeth
Third labial touches
eye and nasal shields
Side view of a
poisonous snake
Central scales bigger
(a)
Poisonous snake
Poisonous snake
Fangs of poisonous
snake Fangs of non-
poisonous snake
(b) Fourth infra-labial largest
Fig. 33.1 (a) Side view of poisonous snakes, (b) fangs of Fig. 33.2 Points to be noted in poisonous
Fig. 33.1 poisonous and non-poisonous snakes. snakes (for details see text).
(a) Asmalltriangularshieldcommonlycalled Vipers are of two types, pit viper and pitless
cuneate or wedge shield is seen between viper. Pit vipers are those which have a pit
the fourth and fifth infralabial shields. or a deep depression on each side of the head
(b) Two black spots and three black bands between the eye and the nostrils. Pitless
may be seen on the central side of hood. vipers are those which do not have pit on
(c) The caudal scales are double. the head. They have broad plates on the
2. King Cobra: It is also called Nag Raj or belly.
Raj Samp. It is seen in the Himalayas,
(a) Russell’s viper: It is a pitless viper, usually
Bengal, Assam and in hills of south India. called Daboia or Chain viper commonly
It is bigger than common cobra and may be
found all over India except in the Ganges
8–12 feet. The hood is less wide but longer
base. Normal length is 4–5 feet. It is very
than common cobra. On the head there are
stout. The head is flat, heavy and triangular,
four chevron-shaped bars.
and has a white v-shaped mark with its apex
3. Common Krait: It is found all over India. pointing forward. There are three rows of
The common length is 3–5 feet. It is usually black or brown spots along the back. The
steel blue in colour and has narrow single body is white with dark semilunar spots. It
or double white arches across the back. produces hissing sound loudly and
These arches begin a bit far from the head continuously when it is ready to attack. This
and extend up to the tip of the tail. The belly snake can be identified by entire broad
is creamy white in colour. The common krait plates on belly, small scales on the head and
can be identified by the following features: the shield below the tail divided into two
(a) The head is covered with large shields. rows (Fig. 33.3).
(b) Four shields are present on lower lip (b) Saw-scaled viper: It is a small snake which
both sides. has a triangular head bearing a typical arrow-
(c) The scales in the central row are large like mark on a brown background. The body
and hexagonal till the tail. is brown with a series of pale marks forming
(d) Round tail is seen. curves. This snake is commonly found in
(e) The plates under the tail are like that Punjab,Rajasthan,KashmirandMaharashtra.
present on the belly. They are in toto and The back is covered with rough scales which
not divided. produce a rustling sound when the snake
moves.The ridge in the middle of each scale
4. BandedKrait:Itislargerthancommonkrait. is dented like a saw thus giving it the name
It is seen in northeast India. It has alternate jet
of ‘saw-scaled viper’. The snake is identified
black and deep yellow bands across the back. bybroadbellyplates,smallscalesonthehead
5. Black Krait: It is blue or black in colour and entire shields below the tail. The
and devoid of stripes. The ventral side is poisonous snakes have two fangs which are
white with black dots. The poison of the connected to racemose glands which secrete
above snakes is neurotoxic (Table 33.1). venom through ducts. The venom is used for
6. Viperidae: These snakes have broad, digestion. The glands similar to parotid
lozenge-shaped head covered with small glands. The colubrines have short and fine
scales, a narrow neck and a short tail. The fangs which cannot penetrate through clothes
pupils are vertically slit. They give birth to whilevipershavelongandstrongfangswhich
small snakes. They have mobile fangs. can penetrate through clothes (Fig. 33.4).
Non-poisonous snake
(Belly marks are
small or do not cover
completely)
May be poisonous as
belly marks cover
completely
Poisonous snake (Scales are small) May be poisonous (Scales are large)
Snake Venom
Non-poisonous snake Poisonous snake Snake venom is highly concentrated, clear amber
coloured digestive juice of the snake. When it is
Fig. 33.4 Teeth bite marks.
dried, it becomes like fine needles which are soluble
Hydrophidae (Sea Snakes) in water. It has got proteolytic enzymes,
phosphatidases, and neurotoxins. Proteolytic
These are seen in coastal areas. The eyes are very enzymes cause tissue destruction by liberating
small, andtheirtailsareflattenedlikefins.Theyhave histamines by damaging muscular epithelium of
short, immobile fangs. The body is round. Usually, blood vessels leading to release of RBCs and serum
in tissues. Phosphatidases cause haemolysis and hypersalivation, thready, feeble, rapid pulse with
toxic effects on heart and circulation. Neurotoxins low blood pressure is seen. The necrosis develops
produce curare-like effect on CNS leading to at the site. It develops slowly over the week and is
paralysis. The snake venom also contains other mainly ischaemic and present itself as a form of
enzymes like proteases, erepsin, choline esterases, dry gangrene. In cases of bite from colubrine snake
hyaluronidase, ribonucleases and ophio-oxidases. such as cobra or krait, the immediate local actions
are burning or tingling pain, irritation, swelling and
Non-poisonous Snakes inflammation. But the local reaction is very less as
compared to viper snake bite. Within 15 minutes,
Majority of the snakes in India are non-poisonous. constitutional symptoms develop in the form of
Most of the snakes have their belly covered with giddiness, lethargy, muscular weakness, drowsiness
transverse plates which do not extend completely and a feeling of intoxication. Nausea and vomiting
across it. The difference between poisonous and may also be there. Weakness of muscles increases
non-poisonous snakes are given in Table 33.1. and paralysis of limbs develop. It spreads on to
Fatal Dose involve trunk and rest of the body. Breathing
becomes slow and laboured. The death occurs due
The fatal dose for common snake venom is as to coma.
follows: Cobra 12 mg, Russell’s viper 15 mg, Krait Snake venom whether it is from cobra or viper
6 mg, Echis carinatus 8 mg. group of snakes, it has haemolytic action on blood.
Symptoms of Snake Venom Poisoning It reduces coagulability of blood leading to oozing
of blood from the site of the bite. Spontaneous
The clinical features of snake venom poisoning oozing of blood into vital organs such as brain can
depends on many factors like type of snake, age occur up to several days after the bite. It is due to
and health of the patient, and site of snake bite. direct endothelial damage caused by venom
component.
Local Reaction
Acute renal failure may follow within one
They are present more in viper snake bite. There is week. It is due to combination of factors like shock,
local swelling due to leakage of fluid as a result of myolysis, direct effect of venom and intravascular
damage of capillary endothelium. Pain and haemolysis.
discolouration develop at the site of the bite. Within Myotoxic effects are the main features in sea
fifteen minutes nausea, vomiting and signs of snake bite. Generalised muscle pain is seen in all
collapse supervene. There is a cold clammy skin, skeletal muscles of the body. Pituitary failure in
34
Irritant Poisons—Mechanical
Poisons
Medico-legal Significance
Symptoms
There is sharp and severe burning pain in throat It is a general belief that glass is highly poisonous.
and stomach when it is taken in through mouth. So, it is given for homicidal purposes by mixing it
Nausea and vomiting may follow. The sharp ends in food like rice or vegetables. Powdered glass is
of glass may cause severe erosion of the rarely used for suicidal purposes. It may be used
oesophagus,stomach and intestine leading to severe for killing cattle. Many artists show eating of glass
bleeding or perforation. Generally, constipation in circuses and public shows.
occurs but diarrhoea may also be seen with blood.
DIAMOND POWDER
Fatal Dose
Uncertain. Even large doses are sometimes not fatal. It is a common belief that diamond powder is very
toxic but it is not. Diamond powder causes irritation
Fatal Period in the gastrointestinal tract due to its sharp and
prominent edges. The treatment includes giving
Uncertain. Death may occur in hours to days. bulky food and then laxatives. Later, antacids may
be given to soothe gastric and intestinal mucosa.A and diarrhoea. Sometimes, they are given to animals
criminal may swallow diamonds to steal or escape to kill them but rarely do they cause any harm. At
from police search. times, if they are not excreted out through faeces,
they may cause intestinal obstruction and digestive
NEEDLES AND PINS disorders. Sometimes, chopped animal hairs are
given in the food to punish someone rather than
kill him.
Needles and pins when consumed through oral
route cause severe burning pain and irritation in
the oesophagus and stomach. Due to very sharp VEGETABLE HAIRS
edges it may cause perforation or may be impacted
in mucosa wall. Death may occur due to These are fine, short hairs derived from leaves and
perforation. Treatment includes giving bulky food stalks of certain plants and called stinging hairs.
and then laxatives. But sometimes, surgery may be They cause mechanical irritation when they come
required to remove needles and pins as they are into contact with skin or mucosa. Sometimes, these
impacted in the mucosa wall. X-ray examination hairs have short bulbs attached to them which
is quite helpful in locating the exact site of contain irritant fluid consisting of histamine and
impaction. Needles and pins may be accidentally acetyl choline. The fluids also cause irritation when
ingested while working. Such incidents are they come in contact with skin. Treatment includes
common in children. Suicides and homicides are washing the area where the juice has come in
rare. contact with, with water and later anti-septic and
antiinflammatory lotion may be applied. If these
CHOPPED ANIMAL HAIRS vegetable hairs are ingested, bulky food may be
given followed by laxatives. Cases have been
It is a general belief that chopped animal hairs are reported where these hair have been applied to
quite poisonous but it is not true. They cause fellow-passengers in train to produce irritation with
irritation in the stomach and may cause vomiting a view to divert attention to rob the person.
!#
Neurotic Poisons—Somniferous
Poisons
The neurotic poisons can be sub-divided into used as food. They are sprinkled over sweets. They
following categories depending upon their action: are considered as demulcent and nutritive. Poppy
seed oil commonly known as Khas khas ka tel is
1. Somniferous poisons
obtained from them and is used for culinary and
2. Inebriant poisons
lighting purposes. Opium is irregularly formed, has
3. Deliriant poisons.
strong characteristic smell and bitter taste. Opium
Somniferous poisons are those which act on contains about 25 alkaloids combined with
the brain producing narcotic analgesia. The most meconic, lactic and sulphuric acid. There are two
important somniferous poison is opium and its groups of alkaloids present in opium.
derivatives. 1. Phenanthrene Group: Morphine, codeine,
thebaine and their derivatives.
OPIUM 2. Benzyl Isoquinoline Group: Papaverine
and narcotine.
It is commonly called afim. Opium is coagulated The most important alkaloid is morphine
air dried, latex juice obtained by incision of unripe followed by codeine, narcotine, papaverine
capsules of white poppy, known as Papaver and thebaine.
somniferum. The family name is Papaveraceae and
is widely grown all over the world. In India,it grows MORPHINE
widely and also cultivated under government
licence. The whole production of poppy is taken The chemical formula is C17H19O3N. The morphine
by the government and is processed by the is named after a Greek god, Morpheus, who is
government. Opium factory at Ghazipur, Uttar considered as God of dreams. It occurs as white
Pradesh, is utilized to obtain morphine. powder or white shining crystals with bitter taste
Poppy capsules (Post ka doda) when they are and alkaline reaction. Morphine has depressive
ripe and dry contain traces of opium. They are used effect on cerebral cortex, respiratory system and
for sedative and narcotic effect. The warm depresses cough reflex. The vomiting centres and
decoction obtained from them is used as sedative vagus are stimulated. Morphine causes stimulation
fermentation and poultice (Fig. 35.1). of spinal cord. Morphine causes analgesia due to
Poppy seeds (Khas khas) are white in colour and depression of pain perception and its euphoric
do not contain morphine or any sedative and are effects.
Acute Poisoning
peripheral vasodilatation. In such a situation, green coloured urine and normal pupils are
the pupil would be dilated. the main features.
5. Tachycardia, cardiac conduction defects and 8. Barbiturate Poisoning: Pupils are dilated
cardiac arrest may be seen. with high respiratory rate.
6. Non-cardiogenic pulmonary oedema can be 9. Head Injury: The presence of injuries on
seen in poisoning due to heroin, codeine and head like abrasion, contusion, laceration or
methadone. fracture of skull bones may be seen.
7. Pressure necrosis of muscles can be seen in Bleeding from nose or ears may be seen.
a prolonged deep coma but opium induced
rhabdomyolysis, not due to pressure, can Fatal Dose
also be seen. Elevated CPK, hypocalcaemia
and hyperphosphataemia would be seen. Approximately 1–2 gm is fatal in young adults.
Children require about 0.5–1 gm as fatal dose.
Differential Diagnosis of Opium Poisoning
Fatal Period
In all cases of suspected opium poisoning, the
following conditions must be suspected and ruled The average fatal period is 8–12 hours.
out:
Treatment
1. Apoplexy: Usually seen in elderly person.
History of uncontrolled blood pressure or Opium poisoning can be treated in following ways:
long standing history of hypertension may
be there. Hemiplegia may be seen. The 1. Gastric Lavage: It should immediately be
pupils are dilated and blood pressure may done first with warm water. Sample of
be high. gastric lavage must be preserved. Later, the
stomach wash can be done with a solution
2. Uraemic Coma: Long standing history of
of potassium permanganate which converts
kidney disease with abnormal renal function
opium and its alkaloids into harmless
tests may be seen. Urine may show albumin.
compound by oxidation. It converts
3. Diabetic Coma: History of diabetes
morphine into oxydimorphine. Even in
mellitus may be there. Intraocular tension
cases where morphine is given by any route
is low. The pupils would be dilated. High
other than oral, gastric lavage should be
blood sugar can be demonstrated. done as morphine is re-excreted into
4. Epileptic Coma: History of epileptic fit stomach.
may be there. The pupils are dilated. Coma 2. Airways: They should be secured. If
is less as compared to opium poisoning. needed, endotracheal intubation should be
5. Hysterical Coma: Usually seen in females done. Oxygen should be started.
especially young. Some sort of mental 3. Antidote: Once it is confirmed that the
problem may be there in the family. person has taken opiates, naloxone in dose
Respond well to ammonia. Tongue is not of 0.4–1.2 mg should be given intravenously
bitten. Convulsive movements may be seen. at once. The person should be observed for
Pupils are normal. next three minutes. If there is a change in
6. AcuteAlcohol Poisoning: Smell of alcohol size of pupils, respiratory rate and level of
present in breath and pupils are dilated. consciousness, it is a positive sign. If a
7. Carbolic Acid Poisoning: Characteristic positive response does not occur, 1.2–2.0
odour in breath, white patches on mouth, mg of naloxone should be given every 3–5
36
Cerebral Poisons—Inebriant
Poisons
severe nausea and vomiting which may relieve the bicarbonate. If the patient comes late, gastric lavage
poisoning. These symptoms are seen in blood is not indicated as it removes only a small amount
concentration 100–200 mg per 100 ml of blood. of alcohol from the alimentary canal. If the victim
The breath smells of alcohol. is unconscious, gastric lavage should be done only
Stage III: If alcohol concentration goes after protecting the airway by endotracheal tube.
beyond 180–200 mg, the person starts having Treatment is mainly supportive as the patient will
severe sleep, severe headache and gradually passes improve slowly. Alcohol poisoning should be
into a stage of unconsciousness and finally into deep differentiated from barbiturate poisoning, head
coma leading to death.There may be full rapid pulse injury, cardiovascular accidents and hypoglycaemia.
with stertorous breathing. Pulse gradually becomes CT scan of head should be done if needed.
slow and finally stops. The pupils are dilated in the Intravenous fluids should not be given in large doses.
early stage but may be constricted in late stages or Hemodialysis may be done in severe cases.Vitamin
in coma. The breath smells of alcohol. Positional B should be given to all patients where glucose is
administered. Recovery occurs in due course of time
nystagmus is seen which changes its direction
if complications do not set in.
according to the change in the position of head.
When the jerking movement is in the direction of Post-mortem Appearance
gaze irrespective of the position of head, it is called
‗alcohol gaze nystagmus’. On stimulation of the The findings are suggestive of asphyxial death. The
subject by pinching on face or neck, pupils dilate rigor mortis may be delayed. Decomposition may
initially and slowly return to their original size.This be retarded in some cases. The alcoholic smell can
be appreciated well when body cavities are opened.
is known as MacEwen’s Sign. The body
temperature falls. Death may be due to asphyxia The mucosa of stomach and intestine may be found
to be congested. The liver, lungs and brain are
as a result of respiratory failure as alcohol depresses
congested. The blood is dark and fluid. The viscera
vasomotor centres. Convulsion may precede death.
should be preserved in saturated solution of
Death may occur if blood alcohol level goes above
common salt.
250-300 mg per 100 ml of blood. Alcohol levels
above 300 mg per 100 ml of blood are fatal. Chronic Poisoning
Fatal Dose
Chronic alcohol poisoning is rampant all over the
It depends on age, sex and health of the individual world. Alcohol is consumed by habitual drinkers
while chronic users can tolerate high doses. If for a very long time. Addiction to alcohol may be
alcohol is consumed faster, less dose is required. due to mental stress, unemployment, failure in love,
loss of self-esteem, poverty, marital disharmony,
About 150–250 ml of absolute alcohol may be an
average fatal dose for an adult. The consumption etc. Chronic alcohol addiction is commonly seen
in lower socioeconomic strata and it causes
of full bottle (750 ml) of whisky can cause death.
abnormal physical and mental behaviour. The
Fatal Period addict may steal things to get money for drinking.
He may become quarrelsome and hence beat wife
Usually it is 12–24 hours. and children. He may resort to criminal behaviour
and may commit homicide or suicide.
Treatment
The patient suffering from chronic addiction
If a patient is brought in early stages, gastric lavage to alcohol suffers from loss of appetite, nausea,
is of much use. It should be done with sodium vomiting, especially in the morning, and diarrhoea.
Due to chronic damage to liver, jaundice may be 3. Alcoholic ketoacidosis may be seen in 1–3
seen. Tremors of tongue and hands may be seen. days. The person may have drowsiness,
Loss of memory, insomnia, impaired power of confusion, tachycardia and difficulty in
judgement, confusion and abnormal mental breathing. Ketone bodies can be demons-
behaviour are seen. Features of malnutrition and trated in blood and urine. Hypokalaemia
chronic vitamin deficiencies are seen. Chronic may be seen.
alcoholic myopathy and neuropathies are seen later 4. Delirium Tremens: It may be seen in 4–5
in addiction. Dementia may be seen in later stages. days. In this, there is loss of recent memory,
The following common complications are observed: clouding of consciousness and
disorientation. Hallucinations are there.
1. Alimentary Canal: Gastritis, increased
They may be visual or auditory in nature.
incidence of peptic ulcer and carcinoma.
2. Liver: Fatty liver, cirrhosis, portal The person is highly agitated, restless
hypertension and hepatitis. and may shout a lot. Tremors are seen with
3. Pancreas: Acute or chronic pancreatitis. truncal ataxia. Sweating, tachycardia,
4. Cardiovascular System: Cardiomyopathy, dilated pupils, dehydration and impaired
hypertension and arrhythmias. liver functions may be seen. Disorientation
5. Central Nervous System: Polyneuropathy, of time and place is seen.
cerebellar degeneration, demyelination of 5. Wernicke-Korsakoff syndrome: It is very
corpus callosum and amblyopia, stroke. rare. It occurs due to thiamine deficiency
6. RespiratorySystem:Aspirationpneumonia. which in turn results from improper diet
7. Endocrine System: Hypogonadism and taken by the addict due to chronic alcoholic
feminisation in males, impotence, addiction. In acute form, drowsiness,
menorrhagia and amenorrhoea. disorientation, ataxia, amnesia and
8. Blood: Hypochromic anaemia and throm- peripheral neuropathy are seen. Horizontal
bocytopenia. nystagmus and external ocular palsies may
9. Skeletal Muscle: Myopathy. be seen. If a person recovers from the acute
10. Neuropsychiatric Complications: Loss of stage he may land into the chronic form
memory, delusions, delirium tremens, called Korsakoff psychosis characterised by
Wernicke‘s encephalopathy, Korsakoff’s impairment of memory and confabulation.
psychosis, dementia and hallucinations.
Treatment of Chronic Alcoholic Addiction
Once a person who is addicted to alcohol does
not take alcohol for a period of time, he gets The most important aspect in the treatment is to
withdrawal reaction which is described as follows: educate and motivate the addict to leave alcohol.
Psychological aspect has to be taken care of very
1. The person starts getting tremors, well. The counsellor should spend time in dealing
commonly called shakes of hands, legs and with emotional crisis of the addict. The medical
trunk, sweating, headache, insomnia and treatment consists of:
person becomes very agitated and demands
alcohol. These are usually seen in 8–10 1. Treatment of Withdrawal Systems: The
hours of cessation of alcohol. withdrawal symptoms should be treated
2. The person starts having hallucinations and with carbamazepine which is quite effective
seizures commonly called ‘rum tits’. Tonic- even in delirium tremens. Chlormethiazole
clonic convulsions may be seen. These is also used for treatment of withdrawal
develop within 40 hours. symptoms. The drugs are given for a period
of 1-2 weeks and are withdrawn slowly by working in this regard and the patient may
reducing doses. Some clinicians have be asked to join the local branch of this
reported good results with clonidine. organisation. A well balanced diet with
2. Antabuse Therapy: Once the patient is vitamins should be given.
stabilised after taking care of withdrawal
reaction, Antabuse therapy can be started. Post-mortem Appearance
The purpose of Antabuse therapy is to The gastric mucosa may show signs of gastritis.
detoxify the individual.The insatiable desire The liver is congested. Cirrhotic changes may be
to drink alcohol can be treated with seen. Fatty changes in liver and heart are present.
Antabuse. The common drug used is Cardiomyopathy may be seen. General features of
disulfiram (tetra-ethylthiuram disulphide). malnutrition may be seen. The odour of alcohol
The Antabuse interferes with oxidative can be appreciated in body cavities.
metabolism of ethanol at acetaldehyde level.
As a result of which, if alcohol is consumed Pharmacokinetics of Alcohol
with Antabuse therapy on, there is
accumulation of acetaldehyde which causes Once ingested, alcohol initially stimulates
unpleasant symptoms. So, once the patient production of hydrochloric acid in the strength of
is on disulfiram therapy he avoids taking 5–10 per cent. But if it is above 15 per cent,it causes
alcohol to avoid unpleasant symptoms like gastritis. Once alcohol is taken, it is mostly
flushing, palpitation, throbbing headache, absorbed through small intestine and only less than
nausea and vomiting, sweating, chest pain, 20 per cent is absorbed through stomach. The
hypotension and vertigo. The usual dose of absorption of alcohol in the body depends on many
disulfiram is 250 mg/day for a long time. factors. If taken empty stomach, it is absorbed more
There are other drugs also which produce easily. If fatty food is taken its absorption is delayed.
Antabuse-like reaction with ethanol, but they Milk delays absorption of alcohol. In 30 minutes
are rarely used for detoxification. Such drugs to 2 hours, the maximum concentration of alcohol
include cephalosporins, chloramphenicol, is seen in blood. The alcohol starts being excreted
metronidazole, furazoladine, griseo-fulvin, in urine. The concentration of alcohol in urine is
glipizide, chlorpropamide and MAO 1.3 times higher than that of blood and is fairly
inhibitors. Some chemicals like calcium constant. Once alcohol is in blood, it reaches all
cyanamide,carbon disulphide, tetraethyllead the fluids and tissues of the body. About 90 per
and hydrogen sulphide also produce cent alcohol is metabolised in liver by enzyme
Antabuse reaction. Some mushrooms and alcohol dehydrogenase at a rate of about 10–15 ml
activated charcoal may also give Antabuse per hour. Some alcohol is converted into lipids and
reaction with alcohol. fats in the tissues. Rest of the alcohol is excreted
3. Supportive Psychotherapy: This is the through urine, lungs and sweat glands. The
corner stone of deaddiction, as the patient concentration of alcohol in breath can be measured.
may pick up the habit of drinking alcohol About 2100 ml of exhaled air contains the same
again once he leaves the hospital. Support amount of alcohol as in one ml of blood. Alcohol
from family members,office colleagues and is a depressant of central nervous system. Only in
friends may be sought. The patient should small doses it causes euphoria and elation.
be called to hospital for psychotherapy Impairment of vision develops around 20–30 mg
regularly. Alcoholics Anonymous is the per 100 ml of blood. Alcohol also raises auditory
most famous international organisation threshold and reaction time. When applied to skin,
alcohol causes cooling and later redness and 1. Record date and time of examination. Note
irritation. Alcohol has the power to dehydrate down names of constables who brought
tissues by abstracting water. Dehydration ensues person for examination.
after drinking alcohol due to diuretic action. 2. Name, age, sex, residential address and brief
history should be taken. Ask about any
Medico-legal Significance illness or disability.
3. Consent: Consent should be taken after
Alcohol is consumed all over the world except in informing him. If the person refuses to give
Islamic countries, on social events and gathering. informed consent and he is under custody
People also take it alone or in company of friends of police, examination can be done without
and colleagues. Consumption of alcohol may bring consent also and samples can also be
a person into conflict with law. collected.
4. Two identification marks should be noted.
Drunkenness Thumb impression should be taken.
5. State of clothing should be seen. It may be
A doctor is called upon by police to examine a soiled by vomiting or incontinence. The
person who has consumed alcohol. He may be character of speech should be noted whether
brought with following queries: thick, slurred or over precise. Orientation
1. Whether a person has consumed alcohol or to time, place and person should be
not? recorded. The character of handwriting
2. Whether he is under the influence of alcohol should be seen.
or not. 6. Look for tachycardia, whether skin is dry,
moist or flushed.
The special Committee of British Medical 7. Breath: Smell of alcohol should be looked
Association, 1927hasdescribeddrunkennessas “An for.
individual can be certified to be drunk only when 8. Eyes: Appearance of conjunctiva to be noted
there is evidence that he was so much under the whether congested or not. Reaction of pupils
influence of alcohol as to have lost control of his to light, size of pupils whether dilated or
faculties to such an extent as to render him unable pin-point, are to be noted. Condition of
to execute safely the occupation in which he was extrinsic muscles regarding convergence
engaged at that material time.” should be noted. Strabismus and nystagmus
In India, consumption of alcohol is not an should be looked for.
offence. The Indian law comes into picture only 9. Ears: Hearing may be impaired.
when an individual does drunken behaviour after 10. Gait: Ask the person to walk across the
consumption. The law takes cognisance when room in a straight line. See for lurching or
individual behaves in such a manner as to become reeling and ability to stand with both eyes
public nuisance, or poses a threat, or actually open and closed.
commits an act endangering the life or property of 11. Muscular co-ordination: Ask the person to
another person (or even his own). Such persons are put index finger on nose (Finger nose test).
arrested by police and brought before a medical See whether he can do it easily or not. Ask
practitioner for clinical examination. him to perform small functions like picking
The medical examination of the person brought a coin from the floor, buttoning or
for medical examination should be carried out on unbuttoning clothes. See how he performs
following lines: then.
12. Reflex: See knee and ankle reflex. Whether desire. A well known saying summarises it as
they are normal or depressed. ―alcohol provocates the provocation but takes away
13. Do a complete physical examination. Urine performance.‖
sample and blood sample should be
collected for laboratory investigation. The Alcohol and Accidents
preservative for blood sample should be
sodium fluoride and for urine sample should It has been worldwide reported that there is
be phenyl mercuric nitrate. increased incidence of road traffic accidents if a
14. Opinion: This should be expressed as person drives under the influence of alcohol. It puts
follows: him and others in grave threat of accidents. In India,
(a) The individual examined has or has not it is an offence to drive while alcohol is taken vide
consumed any alcohol. Section 185 of MotorVehicleAct in which a person
(b) The individual examined has consumed can be fined and may undergo imprisonment
alcohol and he is/is not under the ranging from 6 months to 2 years. Many countries
influence of alcohol. have set different blood alcohol concentration levels
(c) The individual is under the influence of for allowing people to drive while under
alcohol but he is/is not a public nuisance intoxication of alcohol. The limit is 20 mg per cent
if kept at large. in Poland and Sweden, 50 mg per cent in Finland,
The report should be finally signed by Norway and Netherlands, 80 mg per cent in
the doctor and handed over to police Denmark, Germany, UK, France, and Switzerland,
along with the sample of blood and urine. 100 mg per cent in Ireland and 80 to 150 mg per
cent in different states of USA. In India, the
Widmark Formulae statutory limit is fixed at 30 mg per cent. But since
breath analysing facilities are not available all over
The amount of alcohol consumed by a person can India, the drivers are being convicted only on the
be found out by the following formula: basis of medical examination.
a=c ¥ p ¥ r
where ‘a’ is amount of alcohol consumed by a Breath Analysers
person in grams, ‘c’ is the amount of alcohol in
These are instrument in which a person who is
grams per kg estimated in blood, ‘p’ is the weight
accused of driving under the influence of alcohol
of the person in kg while ‘r’ is a constant value
which is obtained by dividing the average is asked to exhale the air from lungs by the police.
concentration of alcohol in body by the Previously, the person was asked to blow into a
concentration of alcohol in the body. This is a plastic balloon which contained a solution of
constant and its value for men is 0.085 and for dichromate-sulphuric acid which would turn into
women it is 0.055. green colour if alcohol concentration was more than
certain level. Now we have sophisticated breath
Alcohol and Sex analysers which can sense alcohol levels with a
very minute exhaled air and even in unconscious
It is widely wrongly presumed that alcohol drivers by keeping them near their nose. The
increases the sex desire but its not true. In low doses, breath analyser directly gives the reading in blood
the person may feel high desire as it causes alcohol concentration. It is based on the formula
inhibition of social pressure and euphoria but if that 2100 ml of respired air contains the same
alcohol is taken in large doses, it depresses the sex amount of alcohol as present in one ml of blood.
The common names are wood spirit, wood naphtha Immediately gastric lavage should be done with
and colonial spirit. It is clear, colourless volatile 5 per cent sodium bicarbonate in warm water.
liquid with characteristic odour. It has a bitter taste. 500 ml solution should be retained in the stomach
It is used as solvent in shellac and varnish at the end of lavage.
manufacture and as an anti-freeze. It is also mixed
with rectified spirit to make industrial methylated Antidote
spirit which is used in arts, and manufactured as
denatured spirit. It is also a part of embalming fluid, Ethyl alcohol is the best specific antidote as it
windshield washing fluid and leather dyes. competes for the same alcoholic dehydrogenase
enzyme for which methyl alcohol does. It prevents
Symptoms metabolism of methyl alcohol, which is then passed
as such in urine. 10 per cent ethyl alcohol is
They usually develop within 1 hour of ingestion. administered intravenously in a dose of 10 ml/kg
Usual symptoms are dizziness, weakness, slowly over a time period of 30 minutes. It is
headache, vertigo, nausea, vomiting, abdominal maintained at rate of infusion 1.5 ml/kg/hour to
pain and fixed and dilated pupils. Visual maintain blood level of 100 mg per 100 ml of blood.
disturbances like photophobia and blurred vision The ethyl alcohol can be given orally also mixed in
are seen. The concentric diminution of visual fields a fruit juice. The usual oral dose is 1 ml/kg of 95 per
for colour and form is seen followed by partial or cent ethyl alcohol in 30 minutes which can be
total blindness due to retrobulbar neuritis,which in maintained at 0.25 ml/kg/hour.
turn, is due to the toxic effects of formaldehyde on Nowadays, some scientists are using 4- methyl
retinal cells. The formaldehyde is formed as a result pyrazole or fomepizole as antidote. It is a direct
of metabolism of methyl alcohol. On fundus inhibitor of alcohol dehydrogenase and does not
examination, hyperemia of optic disc is seen cause CNS depression. Sodium bicarbonate should
followed by retinal oedema leading to optic atrophy also be given intravenously to combat metabolic
and blindness. Severe metabolic acidosis follows. acidosis. Hemodialysis is quite effective in
Tachycardia, hypotension and hypothermia are also removing methanol and its metabolites. Folinic acid
seen. Death is due to respiratory failure. may be given intravenously as it hastens the
elimination of formic acid.
Mechanism of Action
Post-mortem Appearance
The methyl alcohol is metabolised in liver by
alcohol dehydrogenase to formaldehyde, which is The mucous membranes of stomach and intestine
further metabolised to formic acid. It causes ocular are congested. The lungs are congested, and
toxicity and metabolic acidosis. oedematous. The pungent smell of methyl alcohol
can be appreciated. Eyes may show retinal oedema.
Fatal Dose Cyanosis is quite prominent.
cannot afford country liquor or Indian made foreign medicine, due to overdose. Suicidal cases have been
liquor. As a result of which mass tragedies occur. reported. Chloral hydrate has been used to stupefy
These are called Hooch tragedies. Sometimes, the victims to facilitate commission of rape or
there is adulteration of country liquor with methyl robbery. It can easily be given in beer or whisky.
alcohol and may cause mass deaths. These deaths Some people put it in their alcoholic drinks to
keep on being reported in all leading newspapers increase intoxication. Homicide is rarely reported
every year. Sometimes, an alcoholic may consume by chloral hydrate.
methyl alcohol if he is not able to get ethyl alcohol.
BARBITURATES
CHLORAL HYDRATE
The barbiturates are widely used in clinical practice.
Chloral hydrate was previously used as a hypnotic.
They are commonly classified according to their
Nowadays, it is not used in clinical practice. It is
duration of action. The classification is as follows:
sometimes used as adulterant in illicit liquor to
enhance its intoxicating effect. It is commonly 1. Ultrashort Acting: Duration is less than
known as ‘Mickey Finn or Knock out drops’. 15–20 minutes. The common examples are
thiopentone and methohexitone.
Physical Features 2. Short Acting: Duration is less than 3 hours.
The common examples are hexabarbitone,
It is colourless, crystalline, having a pungent banana pentabarbitone and secobarbitone.
smell, and a bitter taste. It is easily soluble in water 3. Intermediate Acting: Duration is 3–6
and alcohol. hours. The common examples are
amobarbitone, aprobarbitone and
Symptoms butobarbitone.
The common symptoms are nausea, vomiting, 4. Long Acting: The duration is 6–12 hours.
The common examples are mephobarbitone
gastric irritation followed by hypotension,
and phenobarbitone.
drowsiness, unconsciousness, loss of reflex and
deep coma leading to death. Chemically, barbiturates are derivatives of
barbituric acid (2,4,6-trioxohexa hydropyrimidine).
Metabolism Clinicallytheyareusedassedative-hypnoticinsleep
disorders. Ultrashort-acting barbiturates are a part
Chloral hydrate is well absorbed through stomach of anaesthetic medications, and used everyday in
and intestine and is metabolised to trichloroethanol operation theatres. Barbiturates, especially long-
in liver by enzyme alcohol dehydrogenase. It is acting once, are used in treatment of epilepsy and
excreted in urine as urochloralic acid. other convulsant disorders.
Treatment Pharmacokinetics
Gastric lavage should be done immediately. Cardiac After absorption either through oral route or
arrhythmias should be managed. The patient should intravenous route, they are distributed widely in
be managed on conservative lines. tissues. Metabolism occurs in liver by oxidation
resulting in formation of alcohols, ketones, phenols
Medico-legal Significance and carboxylic acid. These are excreted in urine as
such or in the form of glucuronic acid conjugates.
Accidental poisoning was common previously, Some percentage of long-acting barbiturates like
when chloral hydrate was used as a hypnotic phenobarbitone is excreted in the urine as such.
!%
Cerebral Poisons—Deliriant
Poisons
DHATURA
The plant grows all over India and is considered
to be blessed by Lord Shiva. It is sometimes
offered to Lord Shiva in puja. It belongs to the
family Solanaceae. There are two varieties: first
Datura alba, a white flowered plant and Datura
Niger, a black or purple flowered plant. Both
varieties have bell-shaped flowers and have Fig. 37.1 Dhatura plant along with fruit and seeds.
spherical fruits which are covered with sharp
spinous projections and have yellowish-brown as a bone, red as beet and mad as wet hen. The
seeds. Another variety, Datura stramonium, common clinical features are described in the
commonly called thorn apple, grows in high following “Ds”:
reaches of the Himalayas. All parts of the plant
1. Dryness of mouth along with nausea and
are poisonous but seeds and fruits are more
poisonous. The active principles present in dhatura vomiting due to gastric irritation (dry as
plant are hyoscine, hyoscyamine and traces of bone).
opium. The dried leaves of some dhatura plants 2. Dysphagia due to irritation of gut.
are used in preparation of some medicines. The 3. Dilated pupils with flushed appearance of
seeds of dhatura have resemblance to chilly seeds face (red as beet).
but they are very bitter in taste (Fig. 37.1). 4. Diplopia with red injected conjunctivae
(blind as bat).
Symptoms
5. Dry, hot skin, sometimes rash may be seen
The symptoms of dhatura poisoning are described (hot as hare).
in classic phrases like blind as bat, hot as hare, dry 6. Drunken gait.
It usually occurs in persons who are chronic users This is a temporary insanity observed in cannabis
of cannabis and are addicted to it. The common abusers who are consuming it for a long time. In
this, a person may become violent and may start
symptoms are loss of appetite, general weakness,
running wildly. He may stab or shoot anyone who
emaciation, trembling, impotence and, moral and
is coming in the way. Spate of stabbing or shooting
mental deterioration. Mental changes include
is due to disturbed state of mind. Such a person
apathy and psychosis. The person may have
may commit suicide later, or is shot by the police
delusions and hallucinations. Gynaecomastia and
who try to control him but shoot him when not
increased susceptibility to infections are seen.
possible.
Fatal Dose
COCAINE
Usually, death is not reported. Death may occur if
cannabinol is given intravenously in a dose of 30 The common names for cocaine are crack, snow,
mg/kg body weight. coke, cadillac, and white lady. Cocaine is an
alkaloid derived from leaves of plant Erythroxylon
Fatal Period coca. This plant originally grew in South America
but now is cultivated in India, Sri Lanka and Java.
Since death is very rare, fatal period is uncertain. Nowadays, cocaine is synthetically made. An ester
of benzoic acid and a base containing nitrogen is
Post-mortem Appearance synthetic cocaine. It is a colourless, odourless,
crystalline substance with a bitter taste. It dissolves
Nothing characteristic. The organs may be found easily in alcohol but not in water. Once taken, it
to be congested. Burnt rope-like smell may be causes numbness of the tongue and mucous
observed due to cannabis. membrane of mouth.
Cocaine hydrochloride is used in medical
Treatment practice. It is used as local anaesthetic in ophthalmic
practice, dental and in minor operative procedures.
Mostly symptomatic. Do the gastric lavage if the Previously, cocaine was part of the Brompton
person has ingested. Keep respiration and cocktail which was given to relieve pain in terminal
circulation maintained. Recovery is seen with cases of cancers. Alcohol, morphine, and
prolonged sleep. chlorpromazine were other constituents of this
cocktail.
Medico-legal Significance
Acute Poisoning
Most of the time, ingestion and inhalation of
cannabis is voluntary. Sometimes, bhang may be Cocaine can be taken into the body by insufflation
used to stupefy a person to loot, rape or commit a (snorting or sniffing), by smoking, ingestion and
crime. Cannabis is a drug of abuse commonly used by intravenous route. There are three stages in acute
all over the world. Physical dependence is poisoning:
uncommon but some withdrawal symptoms in Stage I: It is the stage of early stimulation.
form of insomnia, irritability, anorexia may persist There is sense of well being, euphoria,
for days. excitement, and talkativeness. Dryness of
die because of such dose. Such persons are Gangrene may also occur due to vasospasm
sometimes caught at airport and may be brought caused by amphetamines. Hyperthermia may also
for medical examination. X-ray and ultrasound can be there. Renal failure may occur.
be done to see bags and purgative or enema is given
to retrieve such bags. Sometimes, prostitutes inject Chronic Poisoning
a solution of cocaine into vagina. This gives the
individual who is having sex with them a sense of It is seen in chronic abusers. Amphetamine
local constriction and hence more pleasure. But the psychosis is reported in which stereotyping is seen.
person can get intoxicated as cocaine gets absorbed. In this, person may keep on doing repetitive
Cocaine can be identified in urine by thin layer activities like grooming, cleaning, rearranging.
chromatography, as some parts passes into urine. Paranoid behaviour along with delusions is seen.
Suicidal poisoning by cocaine is reported. Visual hallucinations are reported. Gilles de la
Homicidal poisoning is rare. Tourette syndrome seen in chronic poisoning is
characterised by tics, eyes blinking and jaw jerks.
AMPHETAMINE Cardiomyopathies and intracranial haemorrhages
It is a psychotropic drug. A psychotropic substance are also observed.
is defined as that which affects psychic function,
behaviour, or experience of an individual.
Fatal Dose
Amphetamine was first synthesised in 1887. It was
About 250 mg.
used in medicine for therapeutic effect for the
treatmentofnarcolepsy,attentiondeficitdisorderand Treatment
someformsofhypotension.Butsinceitwasmisused
too much, amphetamine is not used for therapeutic The treatment is symptomatic. Gastric lavage may be
purposes now. Chemically it is phenyl done if drug is ingested. Treat agitation with
propanolamine. Amphetamine is also used for
haloperidol.Hyperthermiaiscontrolledbyacoldbath.
reductionofweight.Amphetamineisaverypowerful
Seizures may be controlled with anticonvulsants.
stimulantofCNSandcirculatorysystem.Itenhances
the synaptic concentration of dopamine and Medico-legal Significance
norepinephrine either by direct release from storage
vesicles or by inhibition of re-uptake.
Since amphetamine is a very potent CNS stimulant,
Acute Poisoning it is widely used for keeping awake for a very long
time. It is abused by medical students, truck drivers,
Methamphetamine is commonly used as stimulant night workers, etc, for waking long hours to
by both oral and intravenous route. Sometimes it is complete work. It is also used by young persons in
also smoked. rave parties to keep on dancing all night. Some of
The major features of acute poisoning are due the derivatives of amphetamine are called designer
to CNS stimulation and sympathomimetic actions. drugs, love drugs, ecstasy, or eve.
CNS symptoms include euphoria, restlessness,
anxiety, seizures and coma. Intracranial
haemorrhages may occur due to hypertension and LYSERGIC ACID DIETHYLAMIDE (LSD)
vasculitis. Systemic features include sweating,
tremors, muscle fasciculations, rigidity, The common street names are acid, purple haze,
tachycardia, hypertension, cardiac arrhythmias and white lightning or microdot. It is crystalline,
myocardial infarction. colourless, tasteless and water soluble. (It is a very
Medico-legal Significance
Treatment
Phencyclidineiscommonlyusedasdrugofabusealong
Do gastric lavage and symptomatic treatment. with other drugs like marijuana leaves or cocaine.
38
Spinal Poisons
39
Cardiac Poisons
Tobacco plant is a native plant ofAmerica but now If tobacco leaves are ingested by oral route, it causes
it is widely grown all over India. It belongs to the severe gastric irritation. There is a severe burning
family Solanaceae. Tobacco is largely consumed pain in mouth and throat followed by salivation,
in India. The dried leaves are smoked in form of nausea, headache, vomiting and severe diarrhoea.
cigarettes or in a hookah. Tobacco leaves are mixed The smell of tobacco can be appreciated in breath.
in paan or they are mixed with lime and taken in Slowly giddiness, faintness, muscular weakness,
form of kheni. Kheni is widely consumed in parts tremors, cold sweat and loss of consciousness is
of north India, mainly Uttar Pradesh and Bihar. seen. Hearing and vision are affected. Pupils are
Many companies manufacture bidi or cigarettes first contracted but later, they are dilated. The pulse
made of dried tobacco leaves. becomes rapid and cardiac arrhythmia are seen.
Nicotine and nicotianine are the two active Blood pressure rises. If a large dose is taken, pulse
principles found in tobacco: may become slow later on. The respiratory system
1. Nicotine: The chemical formula is is affected and the person may die due to respiratory
C10H14N2. It is present in all parts of the failure. It happens due to paralysis of respiratory
plant but more in leaves. Consumption of muscles. Sometimes, delirium, convulsions and
nicotine firstly causes stimulation and then areflexia are also seen.
depression of vagal and autonomic ganglia.
It also stimulates initially cerebral and spinal Fatal Dose
centres but later paralyses them. Initially,
there is pupil contraction but later dilatation In adults the lethal dose is 40–60 mg. 15–30 gm of
is seen. The workers involved in industries crude tobacco is fatal, if taken orally. A cigarette
like cigarettes manufacturing may suffer contains about 10–20 mg of nicotine but by
from its toxic effect. Nicotine is a colourless, smoking only 1–2 mg is taken inside.
volatile hygroscopic, oily, natural liquid
with a burning acrid taste. It is soluble in Fatal Period
water and alcohol.
2. Nicotianine: It is also a volatile crystalline If swallowed, nicotine may cause death in 10–15
substance but non-toxic. minutes.
Symptoms Uncertain.
Sometimes, the root is used in the treatment of The various names of this plant are Aconitum
venereal diseases by quacks. In such conditions napellus or monk’s hood or wolf’s bane or blue
accidental poisoning can occur. Criminally, the root rocket or mita zahar or dudhia bish (Fig. 39.1).
bradycardia. Cardiac arrhythmias should be salts are soluble in water and are very toxic.
controlled with xylocaine. Artificial respiration Calcium cyanide, magnesium cyanide and
should be started if needed. cyanogen chloride are used in mining industry.
Cyanide is also used in plastic industry.
Post-mortem Appearance Hydrocyanic acid is not found in commercial but
only in chemical laboratories. It is used for
Nothing unusual. Pieces of aconite root can be seen fumigating houses, ships, etc. Hydrocyanic acid is
in the stomach. colourless, possesses a characteristic smell of bitter
almonds or peach kernels. The ability to smell
Medico-legal Significance cyanide is genetically owned as only some persons
can smell cyanides, not all. Sodium nitroprusside,
Accidental poisoning is reported if aconite root is
a cyanogen, is commonly used in the treatment of
mistaken for domestic raddish root.Aconite root is
hypertension. Cyanides are also used in illegal
widely used in Indian medicine. Suicidal and
manufacture of phencyclidines. Compounds like
homicidal poisoning have been reported. Aconite
ferrocyanide or ferricyanide do not release
root is also used as an arrow poison by tribals in
significant amounts of cyanide So, they only cause
Nepal and Assam. These arrows are used to kill
gastric discomfort.
animals. Urine should be preserved in all suspected
homicidal or suicidal poisoning as aconitine is Mechanism of Action
mainly excreted in urine. Small amounts of
aconitine can also be found in saliva, sweat and The toxicity due to cyanide is caused by inhibition
bile. Aconitine is not stable and is easily destroyed of cytochrome oxidase enzyme by formation of
by putrefaction. Sometimes, aconite root is used cytochrome oxidase-cyanide complex. It causes
for enhancing intoxicating properties of liquors by
paralysis of electron transport system leading to
addicts. It is also used as an abortifacient.
cellular hypoxia, as oxygen cannot be utilised by
the tissues. Due to blockade of cytochrome oxidase
CYANIDE (HYDROGEN CYANIDE, HCN) enzyme, pyruvate is converted into lactate causing
severe metabolic acidosis. The death occurs due to
Cyanide is one of the most powerful poisons in the cytotoxic hypoxia.
world. It can kill in seconds. Most cases of fatalities
occur either due to inhalation or ingestion. Symptoms
Hydrocyanic acid is quite common in nature.
It is found in combination in the leaves of cherry- The poisoning can occur due to inhalation (in this,
laurel, in bitter almonds, in the kernels of the death may occur in minutes), ingestion, or through
common cherry, plums, apricot, peach and other skin or mucous membrane absorption (death may
stone fruits. It is also found in ordinary bamboo occur in 3–4 hours).The common route of poisoning
shoots, in certain oil seeds and beans. These plants is ingestion. The first symptoms are smell of bitter
contain a glucoside named amygdaline, which in almondsinbreath(20–30percentofpopulationcannot
presence of enzyme and water is converted into appreciatethissmell).Thereisacidicandburningtaste,
hydrocyanic acid. Hydrocyanic acid forms salt with throat numbness, salivation, frothing at mouth,
metals. Potassium or sodium cyanide, mercuric nausea and vomiting with substernal and epigastric
cyanide and silver cyanides are used in pain. The involvement of CNS causes dizziness,
photography, electroplating, case hardening of confusion, vertigo, headache, sweating, anxiety,
steel, silver and gold processing and dyeing. These drowsiness, seizures, paralysis and finally death.
The involvement of respiratory system causes Immediately inject sodium nitrite intravenously
initially, tachypnoea and dyspnoea as a result of and discontinue the pearls. Administer 10 ml of
stimulation of respiratory centres and carotid 3% sodium nitrite at the rate of 2.5–5 ml per minute.
chemoreceptors caused by local hypoxia. Later Nitrites cause hypotension which should be
bradypnoea, hypopnoea and irregular respiration managed with fluids or drugs. Nitrites cause a state
(a short inspiration and prolonged expiration), and of methaemoglobinaemia which dissociates
pulmonary oedema is seen. Cyanosis and cyanide from cytochrome oxidase by forming
respiratory arrest follows. In cardiovascular system, cyanomethaemoglobin. After nitrites, sodium
initially hypertension along with reflex bradycardia, thiosulphate in a dose of 50 ml of a 25 per cent
and sinus arrhythmia is seen. Later hypotension, solution should be given. It converts cyanide from
tachycardia and arrhythmias are seen. ECG may cyanomethaemoglobin into nontoxic thiocyanate
show non-specific QRS and ST-T changes. Severe which is excreted through urine.
lactic acidosis is seen. Since venous oxygen tension Once the patient is stabilised, gastric lavage
is almost equal to arterial oxygen tension due to can be preformed. The activated charcoal can be
non-dissociation of oxygen, venous blood appears given initially and at the end of lavage. The gastric
as red as that of arterial blood. If fundus is lavage may be done either by potassium
examined, retinal arteries and veins would appear permanganate or sodium thiosulphate.
equally bright red. Anotherantidotewhichcanbeusediskelocyanor.
Itisdicobaltethylenediaminetetraaceticacid(dicobalt
Chronic Poisoning edetate). It also chelates cyanide. It is given in the
dose of 300 mg intravenously over three minutes and
It is seen in photographers, gilders and workmen repeated, if required. Sometimes, it causes severe
who handle cyanides. The chief symptoms are laryngeal and pulmonary oedema. Vitamin B
headache, vertigo, loss of appetite, nausea, (hydroxycobalamin) is also used as an antidote. It
constipation, bad breath, dyspnoea and anaemia. binds cyanide into nontoxic cyanocobalamin.
Aminophenolswhichproducemethaemoglobinaemia
Fatal Dose fasterthannitriteshavealsobeenusedonexperimental
basis. Another experimental therapy is the use of
50–200 mg of potassium or sodium cyanide is stroma free methaemoglobin.
sufficient to kill.
Post-mortem Appearance
Fatal Period
The characteristic feature is that the skin presents
2–10 minutes. a livid or violet colour. Post-mortem staining
appears as bright red or pink due to
Treatment cyanomethaemoglobin and also due to the fact that
tissues could not take up oxygen from blood leaving
Time is the key factor in management of cyanide bright red colour in veins. The features of asphyxial
poisoning. The patient should be ventilated with death are seen. Rigor mortis sets in early and lasts
100 per cent oxygen using Ambu bag. The longer. The smell of hydrocyanic acid may be
important step in the treatment of cyanide poisoning appreciated on opening the body. The blood is
is to produce methaemoglobinaemia. Immediately, bright red in appearance and is fluid. Stomach may
place broken amyl nitrite pearls under the patient’s show congestion and haemorrhages due to the local
nose for 15–30 seconds every minute. action. Mouth and lips may show corrosion.
40
Asphyxiants (Irrespirable Gases)
It occurs within a few days of the exposure. The If a pregnant mother inhales carbon monoxide the
usual clinical features are peripheral neuropathies, foetus is more affected than the mother. Still births
skin lesions like bullae or purpura,muscle and renal are higher in mothers who are exposed to carbon
damage in addition to above described features. monoxide. Multiple morphological abnormalities
have been reported in live births. Telencephalic
Muscle necrosis can lead to rhabdomyolysis,
dysgenesis of foetus has been seen.
myoglobinuria and renal damage. Retinal
haemorrhages, central hearing loss, cerebellar Laboratory Diagnosis
ataxia, aspiration pneumonia and adult respiratory
distress syndrome are also seen. Estimation of carboxyhaemoglobin is a good
criteria for assessment of poisoning but in some
Delayed Clinical Features cases it may be misleading as levels of
carboxyhaemoglobin starts falling once the patient
has been removed from the site of exposure.
They are usually seen 1–3 weeks after exposure.
Headache, nausea, dizziness, aphasia, apraxia, Spot Test
hallucinations, disorientation, bradykinesis,
rigidity, gait disturbances and incontinence may be Dilute two drops of blood with 15 ml water and
seen. Some persons progress to coma and add five drops of 25 per cent sodium hydroxide.
convulsions. The use of hyperbaric oxygen is The presence of pink colour will confirm
helpful in reversing some of the features. carboxyhaemoglobin. Other things that point
towards poisoning are metabolic acidosis, ECG
Chronic Poisoning changes, hyperglycaemia, raised SGOT and SGPT
levels. CT scan of head may show symmetrical and
diffuse low density lesions in globus pallidus.These
Due to continuous mild exposure, chronic
are characteristics of poisoning. The basal ganglia
poisoning may develop. The clinical features are
may eventually be calcified.
fatigue, headache, nausea, dizziness, difficulty in
sleeping, impairment of thinking process, Treatment
confusion, dyspnoea on exertion, numbness and
tingling, chest pain, decreased visual acuity, Once the diagnosis is based on the history of
diarrhoea and abdominal pain. exposure and clinical assessment, the treatment
should be started at once. The first step is to remove workers who work to repair old wells. Accidental
the person from the site of exposure. Hundred per poisoning also occurs in motor garages, over-
cent oxygen should be started by mask. Mild crowded rooms, ill-ventilated rooms. Suicidal
poisoning requires oxygen treatment for about 4– poisoning is reported where a person trying to
6 hours. In severe cases, hyperbaric oxygen should commit suicide shuts himself in a car and puts pipe
be used. The indications for starting hyperbaric from exhaust into the car and closes the car doors.
oxygen are any history of loss of consciousness, Homicidal use of carbon monoxide is reported, but
neurological impairment, carboxyhaemoglobin quite rarely. Putrefaction has no effect on carboxy-
more than 30–40 per cent, cardiac arrhythmias, haemoglobin, therefore its levels can be estimated
syncope or pulmonary oedema. Hyperbaric oxygen even several days after death.
is generally used at a pressure of three atmosphere.
Hyperbaric oxygen is quite useful in controlling WAR GASES
delayed complications. But the side effects of
hyperbaric oxygen include barotraumas, ear pain
It denotes chemical warfare. The term “gas” used
and oxygen toxicity leading to convulsions.
in such context denotes a chemical compound
Experimental therapy includes the use of
whether gas, liquid or solid which is employed to
allopurinol along with N-acetyl cysteine.
produce poisonous or irritant effect on enemy forces
Allopurinol retards the production of free radicals
or civil population. The following are the common
while N-acetyl cysteine replenishes the reducing
compounds used in chemical warfare:
power of cells. If hyperbaric oxygen is not
available, use of hypothermia is recommended to 1. VesicatingAgents: The common vesicating
reduce metabolic demands. or blistering agents are mustard gas
(dichlorodiethyl chloride) and lewisite
Post-mortem Appearance (chlorovinyl dichloramine). Mustard gas
was widely used in world wars. It causes
The lips and fingernails show a bright red colour. irritation in the eyes, lacrimation, nasal
Irregular patches of bright red colour are seen secretion, laryngitis and severe gastric pain.
scattered over anterior surface. The post-mortem It affects skin locally and causes itching,
staining shows the same bright red colour. The redness, vesication and ulceration. Axilla,
groin and perineum are severely affected.
blood in the vessels is seen to be bright red and
Death occurs due to infections. Lewisite is
fluid. The internal organs also appear bright red
a vesicant and asphyxiant. It is more severe
due to the colour of the blood. The mucous
in action as compared to mustard gas. It
membranes also appear bright red. The lungs are affects in the same manner as mustard gas.
congested and oedematous. The findings suggest 2. Asphyxiants: The common asphyxiants
asphyxial death. Punctiform haemorrhages and used are chlorine, phosgene (carbonyl
softening in the cerebral cortex and corpus striatum chloride), diphosgene, and chloropicrin.
particularly globus pallidus may be seen. Phosgene is one of the most poisonous gases
known to mankind. They cause intense
Medico-legal Significance respiratory discomfort by irritation, and
cause death by asphyxia.
The carbon monoxide poisoning is mostly 3. Tear Gases: 1-chloro-acetophenone (CAP
accidental. It is commonly seen in north India or CN) and bromobenzyl cyanide (BBC.)
where people use angeethi to warm up their are mainly used as tear gases. These gases
sleeping rooms tightly closed. It is also seen in are widely used all over the world for riot
control by police. They cause severe nasal irritation. They cause intense pain in
irritation in the eyes leading to flow of tears, nose, sneezing, headache, salivation,
spasm of eyelids and even temporary vomiting and temporary prostration.
blindness. It can also cause some respiratory 5. Paralysants: These are mainly hydrocyanic
discomfort. The treatment includes washing acid and sulphuretted hydrogen. They are
eyes with water. not used at mass level.
4. Nasal Irritants: These are organic 6. Nerve Gases: They are usually related to
compounds of arsenic which are converted phosphate esters and produce vapours. The
to gaseous form when heated, and can cause exact formulae are not known.
41
Food Poisoning
The term food poisoning denotes any illness that poisoning occurs through contaminated food
occurs after eating or drinking some food material. like fried rice,dried fruit and powdered milk.
It may be of the following types: The treatment is mainly symptomatic and
supplement of electrolytes is required.
1. Bacterial
3. Clostridium botulinum: This is one of the
2. Food poisoning because of poisonous plants
most lethal poisoning. It was first reported
like mushrooms
following ingestion of uncooked sausages,
3. Food poisoning through animals like
poisonous fish thus deriving the name from ‘botulismus’
4. Chemical food poisoning when some meaning sausage. The clostridium bacteria
chemicals are added into the food material. generates a toxin which blocks acetylcholine
at the neuromuscular junction producing a
bilaterally symmetrical descending motor
BACTERIAL FOOD POISONING paralysis (bulbar paralysis). The incubation
period may vary from a few hours to a week.
It is the most common type of food poisoning. It is The other symptoms include diplopia,
usually caused by the following organisms: dysphagia, dry mouth, dysphonia, dysarthria
1. Staphylococcus: This is the most common and pulmonary depression. The treatment
bacterial food poisoning. It usually starts includesintensesupportivetreatmentanduse
within 1–8 hours after consumption of milk, of antitoxin.
milk products, meat, etc. The usual clinical 4. Shigella: The main clinical features are the
feature is intense vomiting. The onset is abrupt onset of diarrhoea, sometimes
sudden. Usually, recovery is seen in a day. bloody, and pus in stools. The incubation
Most of the time, no treatment is required period is 1–3 days. The symptoms are due
except electrolytes to correct dehydration. to enterotoxin and neurotoxin. The
2. Bacillus cereus: This poisoning is treatment includes use of antibiotics, and
characterised by primary symptoms of supportive treatment is required.
diarrhoea and vomiting. The incubation 5. Salmonella: This infection is also quite
period varies from 3–16 hours.There are two common and presents as typhoid, which is
types of toxins present in this poisoning. One characterised by high grade fever, headache
is heat labile and the other is heat stable. This and myalgia. It is mainly due to the ingestion
Contd.
Contd. Table 1
Poison Fatal dose Fatal period
29. Nicotine 200 mg 10-15 minutes
30. Oleander 5-15 leaves or 15 gm root Few hours–one day
31. Opium 500 mg Few hours
32. Organochloro compounds 2-6 gm 4-6 hours
33. Oxalic acid 15-20 gm Variable
34. Paracetamol 12-20 gm Variable 12 hours–4 days
35. Parathion 100 mg Few hours
36. White phosphorous 60-120 mg 4-40 hours
37. Red phosphorous Non-toxic Not applicable
38. Strychnine (one crushed seed) 50-100 mg 1-2 hour
39. Thallium salt 1 gm 24-30 hours
40. Croton seed 1 seed 12-24 hours
41. Marking nut (Semecarpus anacardium) 5 gm 12-24 hours
42. Cantharides 1-2 gm 24-36 hours
43. Snakes
Cobra 12 mg Few minutes
Russell‘s viper 15 mg Few hours – few days
Krait 6 mg Few hours – few days
Echis carinatus 3 mg Few hours – few days
44. Powdered glass Uncertain Uncertain
45. Diamond powder Non-toxic Not applicable
46. Diazepam (benzodiazepines) Non-toxic Not applicable
47. Cannabis No fatality Not applicable
48. Digitalis 2-3 gm Few hours – one day
49. Carbon monoxide 80 per cent in air Rapid death
50. Carbon dioxide 60-80 per cent in air Rapid death
51. Mushroom Variable depending Variable
on variety
INDIAN EVIDENCE ACT (ACT OF 1872) THE CODE OF CRIMINAL PROCEDURE, 1973
Sec. 113A: Presumption as to abetment of suicide Sec. 53: Examination of the accused by medical
by a married woman—When the question is practitioner at the request of police officer—
whether the commission of suicide by a woman
has been abetted by her husband or any relative of 1. When a person is arrested on a charge of
her husband and it is shown that she had committed committing an offence of a nature and
suicide within a period of seven years from the date alleged to have been committed under such
of her marriage, and that her husband or such circumstances that there are reasonable
relative of her husband had subjected her to cruelty, grounds for believing that an examination
the Court may presume, having regard to all the of this person will afford evidence as to the
other circumstances of the case, that such suicide commission of an offence, it shall be lawful
had been abetted by her husband or by such relative for a registered medical practitioner acting
of her husband. at the request of a Police Officer not below
Explanation: For the purpose of this section, the rank of Sub-Inspector and for any person
‗cruelty‘, shall have the same meaning as in Sec. acting in good faith in his aid and under his
498A of the Indian Penal Code (45 of 1860). direction to make such an examination of
Sec. 114A: Presumption as to absence of the person arrested as is reasonably
consent in certain prosecutions for rape—In a necessary in order to ascertain the facts
prosecution for rape under C1 (a) or C1 (b) or C1 which may afford such evidence and to use
(c) or C1 (d) or C1 (e) or C1 (g) of subsection (2)
such force as is reasonably necessary for
of Sec. 376 of the Indian Penal Code (45 of 1860),
that purpose.
where sexual intercourse by the accused is proved
and the question is whether it was without the 2. Whenever the person of a female is to be
consent of the woman alleged to have been raped examined under this section, the
and she states in her evidence before the Court that examination shall be made only by or under
she did not consent, the Court shall presume that the supervision of a female registered
she did not consent. Medical Practitioner.
Sec. 54: Examination of arrested person by immediately give intimation thereof to the
Medical Practitioner at the request of arrested nearest Executive Magistrate empowered to
person—When a person who is arrested, whether hold inquests, and unless otherwise directed
on a charge or otherwise, alleges at the time when by any rule prescribed by the State
he is produced before a Magistrate or at any time Government or by any general or special
during the period of his detention in custody that order of the district or Sub-Divisional
the examination of his body will afford evidence Magistrate, shall proceed to the place where
which will disprove the commission by him of any the body of such deceased person is, and
offence or which will establish the commission by there in the presence of two or more
any other person of any offence against his body. respectableinhabitantsoftheneighbourhood,
The Magistrate shall, if requested by the arrested shall make an investigation and draw up a
person to do so, direct the examination of the body report of the apparent cause of death,
of such person by a registered Medical Practitioner describing such wounds, fractures, bruises
unless the Magistrate considers that the request is and other marks of injury as may be found
made for the purpose of vexation of delay or for on the body and stating in what manner, or
defeating the end of justice. by what weapon or instrument (if any) such
marks appear to have been inflicted.
THE POWERS OF POLICE TO INVESTIGATE2. The report shall be signed by such police
officer and other persons, or by so many of
Sec. 154: Information in cognisable cases—
them,asconcurherein,andshallbeforthwith
1. Every information relating to the forwarded to the District Magistrate or the
commission of a cognisable offence,if given Sub-Divisional Magistrate.
orally to an officer in charge of a police 3. When there is any doubt regarding the cause
station, shall be reduced to writing by him of death, or when for any other reason the
or under his direction, and be read over to police-officer considers it expedient to do
the informant; and every such information, so, he shall, subject to such rules as the State
whether given in writing or reduced to Government may prescribe in this behalf,
writing as aforesaid shall be signed by the forward the body, with a view to its being
person giving it and the substance thereof examined to the nearest Civil Surgeon or
shall be entered in a book to be kept by such other qualified medical man appointed in
officer in such form as the State Government this behalf by the State Government, if the
may prescribe in this behalf. state of the weather and the distance admit
Sec. 174: Police to inquire and report on of its being so forwarded without risk of
suicide, etc.— such putrefaction on road as would render
such examination useless.
1. Whentheofficerinchargeofapolice station,
4. The following Magistrates are empowered
or some other police officer, specially
to hold inquests, namely, any District
empowered by the State Government in that
Magistrate, Sub-Divisional Magistrate, or
behalf, receivesinformationthatapersonhas
any other Executive Magistrate specially
committed suicide, or has been killed by
empowered in this behalf by the State
another or by an animal, or by machinery, or
Government or the District Magistrate.
by an accident, or has died in circumstances
raisingareasonablesuspicionthatsomeother Amendment of Section 174—In the Code of
person has committed an offence, he shall Criminal Procedure, 1973 (hereinafter referred to
as the Code of Criminal Procedure) in Section 174, police officer, and if he does so, he shall
in sub-section (3), for the words “When there is have all the powers in conducting it which
any doubt regarding the cause of death, or when he would have in holding an inquiry into an
for any other reason the police officer considers it offence.
expedient so to do, he shall,” the following shall be 2. The Magistrate holding such an inquiry shall
substituted, namely “When—(i) the case involves record the evidence taken by him in
suicide by a woman within seven years of her connection herewith in any of the manners
marriage; or (ii) the case relates to the death of a hereinafter prescribed according to the
woman within seven years of her marriage in any circumstances of the case.
circumstances raising a reasonable suspicion that 3. Power to disinter corpses—whenever such
some other person committed an offence in relation Magistrate considers it expedient to make
to such woman; or (iii) the case relates to the death an examination of the dead body of any
of a woman within seven years of her marriage and person who has already been interred in
any relative of the woman has made a request in order to discover the cause of his death, the
this behalf; or (iv) there is any doubt regarding the magistrate may cause the body to be
cause of death; or (v) the police officer for any other disinterred and examined.
reason consider expedient so to do, he shall.” 4. When an enquiry is to be held under this
Sec. 175: Power to summon persons— section, the Magistrate shall, wherever
possible,inform the relatives of the deceased
1. A police officer proceeding under Section
whose names and addresses are known and
174 by order in writing, summons two or
shall allow them to remain present at the
more persons as aforesaid for the purpose
enquiry (Explanation—relatives mean,
of the said investigation and any other
parents, children, brothers, sisters and
person who appears to be acquainted with
spouse).
the facts of the case. Every person so
summoned shall be bound to attend and to Amendment of Section 175æ In Section 176
answer truly all questions other than of the Code of Criminal Procedure, in sub-section
questions the answer to which would have (1) for the words “When any person dies while in
a tendency to expose him to a criminal the custody of the police” the words, brackets and
charge, or to a penalty or forfeiture. figures ‘when any person dies while in the custody
2. If the facts do not disclose a cognisable of the police or when the case is of the nature
offence to which Section 170 applies, such referred to in clause (i) or clause (ii) of sub-section
persons shall not be required by the police (8) of Section 174’ shall be substituted.
officer to attend a Magistrate Court.
Sec. 198(6): Prosecution of offence for marital
Sec. 176: Inquiry by Magistrate into the cause misbehaviour—No Court shall take cognisance of
of death— an offence under Section 376 of the Indian Penal
1. When any person dies while in the custody Code, where such offence consists of sexual
of the police, the nearest Magistrate intercourse by a man with his own wife, the wife
being under fifteen years of age, if more than one
empowered to hold inquests shall, and in
year has elapsed from the date of the commission
any other case mentioned in sub-section (1)
of the offence.
of Section 174 any Magistrate so
empowered may, hold an inquiry into a Sec. 291: Deposition of medical witness—
cause of death either instead of, or in 1. The deposition of a Civil Surgeon or other
addition to the investigation held by the medical witness, taken and attested by a
of the common intention of all, each of such 82. Act of a child under seven years of age—
person is liable for that act in the same Nothing is an offence which is done by a
manner, as if it were done by him alone. child under seven years of age.
44. Injury—Theword “injury” denotesanyharm 83. Act of a child above seven and under twelve
whatever illegally caused to any person in of immature understanding—Nothing is an
body, mind, reputation, or property. offence which is done by a child above
51. Oath—The word “oath” includes a solemn seven years of age and under twelve, who
affirmation substituted by law for an oath, has not attained sufficient maturity of
and declaration required or authorised by understanding to judge the nature and
law to be made before a public servant or to consequences of his conduct on that
be used for the purpose of proof, whether occasion.
in a Court of Justice or not. 84. Act of a person of unsound mind— Nothing
52. Good faith—Nothing is said to be done or is an offence which is done by a person who,
believed in good faith which is done or at the time of doing it, by reason of
believed without due care and attention. unsoundness of mind, is incapable of
53. Punishments—The punishments to which knowing the nature of the act, or that he is
doing what is either wrong or contrary to
offenders are liable under the provisions of
law.
this Code are:
85. Act of a person incapable of judgement by
Firstly—Death; Secondly—Imprisonment
reason of intoxication caused against his
for life; Thirdly—Imprisonment, which is
will— Nothing is an offence which is done
of two descriptions, namely: (1) Rigorous,
by a person who, at the time of doing it, is
that is, with hard labour, (2) Simple;
by reason of intoxication, incapable of
Fourthly— Forfeiture of property; Fifthly—
knowing the nature of the act, or that he is
Fine; Sixthly— Detention in reformatories.
doing what is either wrong or contrary to
80. Accident in doing a lawful act—Nothing is law provided that the thing which
an offence which is done by accident or intoxicated him was administered to him
misfortune, and without any criminal without his knowledge or against his will.
intention or knowledge in the doing of a 86. Offence requiring a particular intent or
lawful act in the lawful manner by a lawful knowledge committed by one who is
means and with proper care and caution. intoxicated— In cases where an act done is
81. Act likely to cause harm, but done without not an offence unless done with a particular
criminal intent,and to prevent other harm— knowledge or intent, a person who does that
Nothing is an offence merely by reason of act in a state of intoxication shall be liable
its being done with the knowledge that it is to be dealt with as if he had the same
likely to cause harm, if it be done without knowledge as he would have had if he had
any criminal intention to cause harm, and not been intoxicated, unless the thing which
good faith for the purpose of preventing or intoxicated him was administered to him
avoiding other harm to person or property. without his knowledge or against his will.
Explanation: It is a question of fact in such 87. Act not intended and not known to be likely
a case whether the harm to be prevented or to cause death or grievous hurt, done by
avoided was of such a nature and so consent—Nothing which is not intended to
imminent as to justify or excuse the risk or cause death, or grievous hurt, and which is
doing the act with the knowledge that it was not known by the doer to be likely to cause
likely to cause harm. death or grievous hurt, is an offence by
reason of any harm which it may cause, or or infirmity; Fourthly—that this exception
be intended by the doer to cause, to any shall not extend to the abetment of any
person, above eighteen years of age, who offence, to the committing of which offence
has given consent, whether expressed or it would not extend.
implied, to suffer that harm; or by reason of 90. Consent known to be given under fear or
any harm which it may be known by the misconception—A consent is not such a
doer to be likely to cause to any such person consent as is intended by any section of this
who has consented to take the risk of that Code, if the consent is given by a person
harm. under fear of injury, or under a
88. Act not intended to cause death, done by misconception of fact, and if the person
consent in good faith for person’s benefit— doing the act knows, or has reason to
Nothing, which is not intended to cause believe, that the consent was given in
death, is an offence by reason of any harm consequence of such fear or misconception;
which it may cause, or be intended by the or if the consent given by a person who,
order to cause, or known by the order to be from unsoundness of mind or intoxication,
likely to cause, to any person for whose is unable to understand the nature and
benefit it is done in good faith, and who has
consequence of that to which he gives his
given consent, whether expressed or
consent; or unless the contrary appears from
implied, to suffer that harm, or to take the
the context, if the consent is given by a
risk of that harm.
person who is under twelve years of age.
89. Act done in good faith for the benefit of child
91. Exclusion of acts which are offences
or insane person, by or by consent of
independently of harm caused—The
guardian—Nothing which is done in good
exceptions in Sections 87, 88 and 89 do not
faith for the benefit of a person under twelve
extend to acts which are offences
years of age, or of unsound mind, by or by
independently of any harm which they may
consent, either expressed or implied, of the
guardian or other person having lawful cause or be intended to cause, or known to
charge of that person, is an offence by be likely to cause, to the person giving the
reason of any harm which it may cause, or consent or on whose behalf the consent is
be intended by the doer to cause, or be given.
known by the doer to be likely to cause, to 92. Act done in good faith for the benefit of a
that person: person without consent—Nothing is an
Provided: Firstly—That this exception shall offence by reason of any harm which it may
not extend to the intentional causing of cause to a person for whose benefit it is done
death, or to the attempting to cause death; in good faith, even without that person’s
Secondly— That this exception shall not consent, if the circumstances are such that
extend to the doing of anything which the it is impossible for that person to signify
person doing it knows to be likely to cause consent or if that person is incapable of
death, for any purpose other than the giving consent, and has no guardian or other
preventing of death or grievous hurt or the person in lawful charge of him from whom
curing of any grievous disease of infirmity; it is possible to obtain consent in time for
Thirdly—That this exception shall not the thing to be done with benefit: Provided:
extend to the voluntary causing of grievous Firstly—That this exception shall not extend
hurt, or to the attempting to cause grievous to the intentional causing of death or the
hurt or the curing of any grievous disease attempting to cause death; Secondly—That
this exception, shall not extend to the doing purposes of such investigation; or (b) by
of any thing which the person doing it or with the authorisation in writing of
knows to be likely to cause death for any the victim, or (c) where the victim is
purpose other than the preventing of death dead or minor or of unsound mind, by
or grievous hurt or the curing of any or with the authorisation in writing of
grievous disease or infirmity;Thirdly—That the next of kin of the victim:
this exception shall not extend to the Provided that no such authorisation shall
voluntary causing of hurt, or the attempting be given by the next of kin to anybody
to cause hurt, for any purpose other than other than the chairman or the secretary,
the preventing of death or hurt; Fourthly— by whatever name called, of any
That this exception shall not extend to the recognised welfare institution or
abetment of any offence, to the committing organisation.
of which offence it would not extend. Explanation—For the purposes of this
197. Issuing or signing false certificate— subsection, “recognised welfare institution
Whoever issues or signs any certificate or organisation” means a social welfare
required by law to be given or signed, or institution or organisation recognised in this
relating to any fact of which such certificate behalf by the Central or State Government.
is by law admissible in evidence, knowing 3. Whoever prints or publishes any matter in
or believing that such certificate is false in relation to any proceeding before a court
any material point, shall be punished in the with respect to an offence referred to in
same manner as if he gave false evidence. subsection (i) without the previous
permission of such court shall be punished
228A. Disclosure of Identity of the victim of certain with imprisonment of either description for
offences, etc.— a term which may extend to two years and
1. Whoever prints or publishes the name shall also be liable to fine.
or any matter which may make known Explanation—The printing or publication
the identity of any person against whom of the judgement of any High Court or the
an offence under Section 376, Section Supreme Court does not amount to an
376A, Section 376B, Section 376C or offence within the meaning of this section.
Section 376D is alleged or found to have 284. Negligent conduct with respect to poisonous
been committed (hereafter in this section substance—Whoever does, with any
referred to as the victim) shall be poisonous substance, any act in a manner
punished with imprisonment of either so rash or negligent as to endanger human
description for a term which may extend life, or to be likely to cause hurt or injury to
to two years and shall also be liable to any person, or knowingly or negligently
fine. omits to take such order, with any poisonous
2. Nothing in sub-section (1) extends to substance in his possession as is sufficient
any printing or publication of the name to guard against probable danger to human
or any matter which may make known life from such poisonous substance shall be
the identity of the victim if such printing punished with imprisonment of either
or publication is— (a) by or under the description for a term which may extend to
order in writing of the officer-in-charge six months, or with fine which may extend
of the police station or the police officer to one thousand rupees, or with both.
making the investigation into such 299. Culpable homicide—Whoever causes death
offence acting in good faith for the by doing an act with the intention of causing
such bodily injury as is likely to cause death, The above exception is subject to the following
or with the knowledge that he is likely by provisos:
such act to cause death, commits the offence Firstly—That the provocation is not sought or
of culpable homicide. voluntarily provoked by the offender as an excuse
Explanation. 1—A person who causes injury for killing or doing harm to any person.
to another who is labouring under a disorder, Secondly—That the provocation is not given
disease or bodily infirmity, and thereby accelerates by anything done in obedience to the law or by a
the death of the other, shall be deemed to have public servant in the lawful exercise of the powers
caused this death. of such public servant.
Explanation. 2—Where death is caused by Thirdly—That the provocation is not given by
bodily injury, the person who causes such bodily anything in the lawful exercise of the right of private
injury shall be deemed to have caused the death, defence.
although by resorting to proper remedies and skilful Explanation 1—Whether the provocation was
treatment the death might have been prevented. grave and sudden enough to prevent the offence
Explanation. 3—The causing of the death of from amounting to murder is a question of fact.
child in the mother’s womb is not homicide. But it Exception 2—Culpable homicide is not murder
may amount to culpable homicide to cause the death if the offender in the exercise in good faith of the
of a living child, if any part of that child has been right of private defence of person or property,
brought forth, the child may not have breathed or exceeds the power given to him by law and causes
been completely born. thedeathofthepersonagainstwhomheisexercising
300. Murder—Except in the cases hereinafter such right of defence without premeditation, and
excepted, culpable homicide is murder, if without any intention of doing more harm than is
the act by which the death is caused is done necessary for the purpose of such defence.
with the intention of causing death, or Exception 3—Culpable homicide is not murder
Secondly—If it is done with the intention of if the offender, being a public servant or aiding a
causing such bodily injury as the offender knows public servant acting for the advancement of public
to be likely to cause the death of the person; to justice, exceeds the powers given to him by law,
whom the harm is caused, or and causes death by doing an act which he, in good
Thirdly—If it is done with the intention of faith, believes to be lawful and necessary for the
causing bodily injury to any person and the bodily due discharge of his duty as such public servant
injuries intended to be inflicted is sufficient in the and without ill-will towards the person whose death
ordinary course of nature to cause death, or is caused.
Fourthly—If the person committing the act Exception 4—Culpable homicide is not murder
knows that it is so imminently dangerous that it if it is committed without premeditation in a sudden
must in all probability cause death or such bodily fight in the heat of passion upon a sudden quarrel
injury as is likely to cause death and commits such and without the offender’s having taken undue
act without any excuse for incurring the risk of advantage or acted in a cruel or unusual manner.
causing death or such injury as aforesaid. Explanation—It is immaterial in such cases
Exception 1—Culpable homicide is not murder which party offers the provocation or commits the
if the offender whilst deprived of the power of self- first assault.
control by grave and sudden provocation, causes Exception 5—Culpable homicide is not murder
the death of the person who gave the provocation when the person whose death is caused, being
or causes the death of other person by mistake or above the age of eighteen years, suffers death or
accident. takes the risk of death with his own consent.
301. Culpable homicide by causing death of 305. Abetment of suicide of child or insane
person other than person whose death was person—If any person under eighteen years
intended—If a person, by doing anything of age, any insane person, any delirious
which he intends or knows to be likely to person, any idiot, or any person in a state of
cause death, commits culpable homicide by intoxication commits suicide, whoever abets
causing the death of any person, whose the commission of such suicide shall be
death he neither intends nor knows himself punished with death or transportation for
to be likely to cause, the culpable homicide life, or imprisonment for a term not
committed by the officer is of the description exceeding ten years, and shall also be liable
of which it would have been if he had caused to fine.
the death of the person whose death he 306. Abetment of suicide—If any person commits
intended or knew himself to be likely to suicide, whoever abets the commission of
cause. such suicide shall be punished with
302. Punishment for murder—Whoever commits imprisonment of either description for a
murder shall be punished with death, or term which may extend to ten years, and
transportation for life, and shall also be shall also be liable to fine.
liable to fine. 307. Attempt to murder—Whoever does any act
303. Punishment for murder by life convict— with such intention or knowledge and under
Whoever, being under sentence of such circumstances that if he by that act
transportation for life, commits murder, caused death, he would be guilty of murder,
shall be punished with death. shall be punished with imprisonment of
304. Punishment for culpable homicide not either description for a term which may
amounting to murder—Whoever commits extend to ten years, and shall also be liable
culpable homicide not amounting to murder, to fine: and if hurt is caused to any person
shall be punished with imprisonment for by such act the offender shall be liable either
life, or imprisonment of either description to imprisonment for life, or to such
for a term which may extend to ten years, punishment as is hereinbefore mentioned.
and shall also be liable to fine if the act by When any person offending under this
which the death is caused is done with the section is under sentence of imprisonment
intention of causing death, or of causing for life, he may, if hurt is caused, be
such bodily injury as is likely to cause death; punished with death.
or with imprisonment of either description 308. Attempt to commit culpable homicide—
for a term which may extend to ten years, Whoever does any act with such intention
or with fine, or with both, if the act is done or knowledge, and under such
with the knowledge that it is likely to cause circumstances that if he by that act caused
death but without any intention to cause death, he would be guilty of culpable
death or to cause such bodily injury as is homicide not amounting to murder, shall be
likely to cause death. punished with imprisonment of either
304A. Causing death by negligence— Whoever description for a term which may extend to
causes the death of any person by doing any three years or with fine, or with both; and if
rash or negligent act not amounting to hurt is caused to any person by such act,
culpable homicide shall be punished with shall be punished with imprisonment of
imprisonment of either description for a either description for a term which may
term which may extend to two years, or with extend to seven years, or with fine, or with
fine or with both. both.
318. Concealment of birth by secret disposal of or any instrument which used as a weapon
dead body—Whoever, by secretly burying of offence is likely to cause death or by
or otherwise disposing of the dead body of means of fire or any heated substance or by
a child, whether such child dies before or means of any poison or any corrosive
after or during its birth, intentionally substance, or by means of any explosive
conceals or endeavours to conceal the birth substance, or by means of any substance
of such child, shall be punished with which is deleterious to the human body to
imprisonment of either description for a inhale, to swallow, or to receive into the
term which may extend to two years, or with blood, or by means of any animal, shall be
fine, or with both. punished with imprisonment of either
321. Voluntarily causing hurt—Whoever does description for a term which may extend to
any act with the intention of thereby causing three years or with fine or both.
hurt to any person, with the knowledge that 325. Punishment for voluntarily causing grievous
he is likely thereby to cause hurt to any hurt—Whoever except in the case provided
person, and does thereby cause hurt to any for by Section 335, voluntarily causes
person is said “voluntarily to cause hurt”. grievous hurt shall be punished with
322. Voluntarily causing grievous hurt— imprisonment of either description for a
Whoever voluntarily causes hurt if the hurt term which may extend to seven years and
which he intends to cause or knows himself shall also be liable to fine.
to be likely to cause is grievous hurt, and if 326. Voluntarily causing grievous hurt by
the hurt which he causes is grievous hurt, is dangerous weapons or means—Whoever,
said “voluntarily to cause grievous hurt”. except in the case provided for by Section
Explanation—A person is not said 335, voluntarily causes grievous hurt by
voluntarily to cause grievous hurt, except means of any instrument for shooting,
when he both causes grievous hurt and stabbing or cutting or any instrument which
intends or knows himself to be likely to is used as a weapon of offence is likely to
cause grievous hurt. But he is said cause death or by means of fire or any heated
voluntarily to cause grievous hurt if, substance or by means of any poison or any
intending or knowing himself to be likely corrosive substance or by means of any
to cause grievous hurt of one kind, he explosive substance, which is deleterious to
actually causes grievous hurt of another the body to inhale, to swallow or to receive
kind. into the blood or by means of any animal
323. Punishment for voluntarily causing hurt— shall be punished with transportation for life
Whoever, except in the case provided for or with imprisonment of either description
by Section 334, voluntarily causes hurt,shall for a term which may extend to ten years
be punished with imprisonment of either and shall also be liable to fine.
description for a term which may extend to 328. Causing hurt by means of poison, etc., with
one year, or with fine which may extend to intent to commit an offence—Whoever
one thousand rupees or with both. administers to or causes to be taken by any
324. Voluntarily causing hurt by dangerous person any poison or any stupefying
weapons or means—Whoever, except in the intoxicating or unwholesome drug or other
case provided for by Section 334, thing with intent to cause hurt to such person
voluntarily causes hurt by means of any with intent to commit or to facilitate the
instrument for shooting, stabbing or cutting commission of an offence, or knowing it to
institution to have sexual intercourse with ten years, and shall also be liable to fine.
him, such sexual intercourse not amounting Explanation—Penetration is sufficient to
to the offence of rape, shall be punished with constitute the carnal intercourse necessary to the
imprisonment of either description for a offence described in this Section.
term which may extend to five years and
shall also be liable to fine. Of Cruelty by Husband or Relatives of
376D. Intercourse by any member of the Husband
management or staff of a hospital with any
woman in that hospital—Whoever,being on 498 A. Husband or relative of husband of a woman
the management of a hospital or being on subjecting her to cruelty—Whoever, being
the staff of a hospital, takes advantage of the husband or the relative of the husband
his position and has sexual intercourse with of a woman,subjects such woman to cruelty,
any woman in that hospital, such sexual shall be punished with imprisonment for a
intercourse not amounting to the offence of term which may extend to three years and
rape, shall be punished with imprisonment shall also be liable to fine.
of either description for a term which may Explanation —For the purposes of this section,
extend to five years and shall also be liable ―cruelty‖ means—
to fine.
(a) any wilful conduct which is such a nature
Explanation—The expression “hospital” shall (whether mental or physical) of the woman;
have the same meaning as in Explanation 3 to sub-
or
section (2) of Section 376.
(b) harassment of the woman where such
377. Unnatural offences—Whoever voluntarily harassment is with a view to coercing her
has carnal intercourse against the order of or any person related to her to meet any
nature with any man, woman, or animal, unlawful demand for any property or
shall be punished with transportation for valuable security or is on account of failure
life, or with imprisonment of either by her or any person related to her to meet
description for a term which may extend to such demand.
aphasia, 152 H
Binet-Simon test, 152 Hair,18
circumstantiality, 152 medico-legal importance, 18
compulsion,152Å Hair and fibre, examination of, 36
delirium,152 anatomy, 36
delusion, 152 examination, 36
dementia, 154 Halogen poisoning, 242
erotomania, 152 Handwriting, 21
fugue state, 152 Hanging, 54
hallucination, 153 atypical or partial hanging, 54
illusion, 153 cause of death in hanging
impulse, 153 asphyxia, 55
lilliputian, 153 cereberal ischemia, 55
lucid interval, 153 combined asphyxia and venous congestion, 55
mental handicap, 154 fracture or dislocation of cervical vertebrae, 55
obsession, 154 venous congestion, 55
phobia, 154 ligature, 54
pseudologia fantastica, 152 management of, 55
psychopath, 154 medico-legal importance, 56
psychosis and neurosis, 154, 155 post-mortem changes, 55
synaesthesia, 153 external examination, 55
trichotillomania, 153 internal examination, 56
Foul smelling gases, 48 symptoms of, 55
Friedman test, 121 typical, 54
Head injury, 103
G meningeal haemorrhages,
extra-dural haemorrhage, 104
Galli Mainini test, 121
sub-dural haemorrhage, 105
Positive signs of pregnancy
scalp injury, 103
foetal heart sound, 121
skull fracture
foetal movement, 121
basilar fracture, 104
sonography, 122
comminuted fracture, 103
X-ray examination, 122
contre-coup fractures, 104
Gastric lavage, 235
depressed fracture, 103
Gettler’ s test, 62 diastatic fracture, 104
Glasgow coma scale, 234 gutter fracture, 104
Gordon’ s classification linear or fissured fractures, 104
anaemic anoxia, 40 pond or indented fracture, 104
anoxic anoxia, 40 ring fracture, 104
histotoxic anoxia, 40 Heat, 67
stagnant anoxia, 40 effects of, 67
Gun powder residue, detection of, 89 heat cramps, 68
Harrison and Gilroy test, 89 heat exhaustion, 67
modern tests heat fatigue, 67
FASS, 89 heatstroke, 67
neutron activation analysis, 89 heat syncope, 67
SEM-DEX,89 medico-legal importance, 67
paraffin test, 89 post-mortem findings, 67
Gutzeit test, 263 treatment, 68