Legal Procedure
Legal Procedure
Dr Zakir Hossain
MBBS (DU), DFM (BSMMU)
Legal procedure
Legal procedure deals with new doctors can help the courts in
connection with offences against the person or preserve the
rights of the individual, or of the community.
Non-cognizable offence:
It deals with disputes between two parties or two sides which are
not amounting to offences
Complainant:
Plaintiff:
Testimony:
Warrant case:
Writ:
Courts of Bangladesh:
1. Civil court: Munsef court
2. Criminal court: Magistrate court
3. Both civil and criminal court:
i. supreme court
ii. High court
iii. Session court
Supreme
Court
This is the
highest
court of
Banglades
h
Supreme Court:
Power:
1) Death sentence
2) Imprisonment for life
3) Imprisonment—rigorous, simple or solitary
4) Forfeiture of property
5) Fine
6) Treatment, training & rehabilitation of youthful offenders
Some extra information
Order of power in BD:
President Prime minister Speaker Chief justice
Minister MP etc.
2. If the doctor receives summons from two courts, both of them civil
or both of them criminal then he should attend the higher court.
3. If the doctor receives summons from two courts. Both of them are
of same status—then he should go to the court from which he received
the summons first and he should inform the other court of his fact or
he should attend the other court after he had attend the first court.
Medico legal importance of summon
1. Noncompliance to summons without valid reason
a. In a civil case, he will be liable to pay damage
b. In a criminal case, fine or imprisonment.
In civil cases: medical officer gets the conduct money at the time
of serving summons.
Contd
In criminal cases:
a. Where state is prosecuting party, government medical officer will
not be paid conduct money at the time of serving the summons. But
he or she is paid for the travelling purposes as per law by the court.
b. In a private criminal case, government medical officers will get fee,
while private practitioners get fee from the state or private parties.
Evidence
Definition
2. Documentary evidence
3. Hearsay
Contd
Documentary evidence:
1. Medical certificates
2. Medico legal reports
3. Dying declaration
Medical certificates:
a. Birth certificate
b. Sickness certificate
c. Fitness certificate
d. Death certificate
e. Age certificate
Contd
Medico legal reports
d. Injury report
e. Report on a poisoning
Dying declaration
Definition:
It may be defined as a statement by a dying person narrating the
cause of his condition leading to death is called dying declaration.
Procedure of taking dying declaration
The doctor should determine that the dying person is mentally
sound.
A magistrate should be called to take down the declaration but
anyone (Doctor, police, village headman etc) can take
declaration.
If the condition of the victim is serious, the doctor should take
the declaration in presence of two witness.
Contd
Dying declaration should record at his own language. If the dying
person is unable to speak –questions put & signs/gestures made
in reply are recorded.
Expert/skilled witness:
Chemical witness
Ballistic expert
Hostile witness:
or
Willful utterance of falsehood under oath in the court of law
which is punishable
Objects:
The object is to place before the court all the facts that bear on the case
and If the witness be an expert, his interpretation of these facts.
Contd
2. Cross examination:
Objects of reexamination:
i. To clear up any doubts that may have arisen during cross examination
ii. To explain and correct any mistake that may have arisen during cross
examination
Contd
The judge may ask any question at any stage of the examination
to clear up doubts/confusion.
Leading question
Leading question are those which suggest its own answer.
As for example
Here ---- a positive answer is expected from the nature of the questions
As for example,
E.g