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Law
Law, Types of Law
Law
 It is a rule of personal conduct enforced by
Institutions called courts
 It is a rule established by authority society or
custom based on reason as quoted “Law is
nothing but reason and that what is not
reason is not law”.
On the basis of its source
 Law is divided into two types;
 Common Law
 Statute Law
 Islamic law
Common Law
 It is any unwritten and generally applied
systems of law based on the conduct
decisions, usage and customs.
Statute Law
 It is enacted by the legislative body of a
representative government or decreed by a
ruler.
 If assembly passed the law it will become an
ACT.
 If president passed the law it will become an
Ordinance.
Statute Law
 It is written and codified law of a country
 In Pakistan, after enactment of the Statute
Law, it is notified in Extra-ordinary Gazette of
the Government and later published in a book
or booklet form.
 In its printed form , like any other book , it
consists of a title, a preamble, parts, chapters,
sections and schedule.
 Statute law is of two types
 Civil law
 Criminal Law
Civil Law
 Is that law, which deals with the rights of citizens
in a particular state or nation as distinguished
from criminal law.
 It provides remedies for personnel grievances of
individuals or group of individuals.
 Industrial injury.
 Poisoning.
 Medical negligence.
 Matrimonial and
 Land lord tenant disputes are dealt under civil
law.
 Damage is compensated in terms of money.
Criminal Law
 Involves crime and its punishment.
 It is body of law, which exists for better
government of persons within the state.
 Its contravention is punished with fine,
imprisonment or death.
Courts of law
 Def: the courts of law are places where
people bring their grievances against others to
seek remedies.
Or
 Court includes all the judges and magistrates
legally authorized to take evidence.
Procedure of Court:
 Complaint: means an oral or written allegation made to
magistrate to take action against a person who has committed
an offence. This does not include a police.
 Offence:A thing made punishable by Pakistan penal code.
two types of offence;
 a) Cognizable Offence: It means an offence for which police
officer may arrest the offender without warrant. e.g. Rape,
Sodomy.
 b) Non-Cognizable Offence: It means an offence for which a
police officer may not arrest the offender with out warrant.
Warrant:
The written signed and stamped authority
to arrest a person, which shall remain in force till its
execution or cancellation.
Summon:
Written signed and stamped directions of the
court, to the witness, accused or juror to attend the
court at the notified time date and place.
 Judge: A person who is officially designated or
empowered by law to give a definite judgment in
any legal proceeding civil or criminal
 Plaintiff: a person who makes the
complaint in the court of law and has to
prove his case is called Plaintiff.
 Defendant: The person who is accused
of breach of law and has to defend himself
in the court of law is called defendant.
 Witness: Any person who testifies the
fact as perceived by him in a proceeding is
called witness.
OR
 A person who presents the evidence
before a court.
 Evidence means a fact or an
information in an issue in a case, which a
witness is capable of perceiving through
any of his senses i.e. vision, hearing,
smell, taste and touch.
 Testimony. A fact, evidance or
information (oral or written) after its
presentation to the court of law by a
witness under oath.
Types of Witnesses:
A. Common witness: is a witness who testifies the
facts observed by himself.
B. Expert witness: An expert witness is one who is
qualified and trained to draw conclusion from facts
observed by him or presented to him.
 Medical man can both as common and as expert witness.
 Common because he or she can say by the size, position
and numbers of wounds.
 Expert because he or she can say with certainty whether
the wound is ante mortem or postmortem, accidental
Homicidal or suicidal, Age of wound, weapon of infliction
can give the opinion about the cause of death.
 3) Hostile witness: is one purposely
makes statements contrary to the facts or
to what he has already said in a lower
court or in the same court on a previous
occasion Or
 Witness who gives false evidence with
some definite motive.
Types of courts
 1) Civil Courts
 2) Criminal Courts
 In Pakistan besides them there is a Shariat
court having special jurisdiction.
 3) Shariat Court
 1) Civil Courts: deals with civil cases and
cases of violence of non cognizable nature
 2) Criminal courts: deals with the criminal
cases and appellants cases
 Both the civil and criminal courts have three
levels

 1) Courts of IST instance: it includes civil
court
 These courts have small Jurisdiction.
consisting of an illaqa,
 hears a case of ordinary nature
 Presided over by Magistrates for criminal
cases, by a civil Judge in civil court.
Magisterial Courts:
Rank Sentences can be passed Fines can be imposed
Section 30 Magistrate Imprisonment Not exceeding 7 years No limit
First Class Magistrate Imprisonment Not exceeding 3 years,
whipping , solitary confinement
Not exceeding Rs. 15000/=
Second Class Magistrate Imprisonment Not exceeding 1 year. Solitary
confinement
Not exceeding Rs 5000/=
Third Class Magistrate Imprisonment Not exceeding 1 month. Not exceeding Rs 1000/=
 JUVENILE MAGISTRATE:
 Usually woman
 Preside over juvenile courts or tries over juvenile
offenders- i-e children below the age of 16 years.
 tried under children act
 if any child found guilty not given the
imprisonment but sent to the reformer centers.

 2) Court of 2nd instance: it includes Session court.
 Courts above the first instance have wider jurisdiction.
 Spread over the whole district (Highest court in the
district).
 presided over by District session Judges appointed by
the high court
 Have mixed jurisdiction. Here both civil and criminal
cases.
 Courts of appeals for the courts of ist instance.
 These courts can award all punishments up to death
sentence but the death sentence or punishment be
confirmed by high court before execution

 3) Court of 3rd Instance: it includes High
Court & Supreme Court.
 HIGH COURT:
 Highest in the province
 Headed by chief justice of court
 Presided over by Judge of High court
 Have both civil & criminal Jurisdiction
 Hears mainly the appeals against the decision
of courts lower to it.
 Can pass any sentence under the law.
 SUPREME COURTS:
 Highest court in the country.
 Presided by the chief justice
 It can pass any sentence
3) Shariat Court:
 Gives justice according to Holy Quran and
Islamic Laws.
 Located in Islamabad.
Principles for the production of
evidence or Admissibility of
Evidence:
3 principles;
1. Evidence must be relevant, confined to matters in
the issue
2. Hearsay evidence must not be admitted
3. In all cases best possible evidence should be given.
Types of Evidence:
1. Direct / Oral Evidence
2. Circumstantial Evidence
3. Corroborative Evidence
4. Documentary evidence
5. Hearsay Evidence
6. Opinion of an Expert
1. Direct Evidence
 means a testimony given by a witness as to
what he has himself perceived by his own
senses
 For example: A was hit by a car on a road , B
saw the incidence and his evidence about the
circumstances is the direct evidence
Oral evidence:
 Must be direct evidence.
 All the statements which the courts permits to
be presented before it by the witness.
 it is more important than documentary evidence
because it admits the cross examination for its
accuracy.
2) Circumstantial Evidence
 It means fact from which some other fact can be
inferred.
 For example: A is found dead on a road…
 It is admissible in the court on same footing as
direct evidence.
3) Corroborative Evidence:
 means one evidence support to other
evidence.
4) Documentary Evidence
All the documents produced for the inspection of
the court.
Document may be primary or secondary.
a) Primary Document or
evidence:
 means and includes an original document
itself produced for the inspection of the
court.
 For example:Medical certificates, book,
death certificate, medicolegal report,
autopsy report
b) Secondary document or
evidence
 means and includes the certified copies made
from original document by any processes.
5) Hearsay Evidence: -
 is that an evidence of something which the
witness does not know for himself but has heard
of from some body else.
 It is not admissible in court of law except the
dying declaration
Dying Declaration
 It is the statement of a person who is
seriously injured and death is imminent. It
is recorded by any credible person. Dr
being the incharge of the patient and also
the best judge about his physical condition
is the obvious choice. Or
 It refers to a statement, verbal or written,
made by a person since deceased
narrating the cause of his death.
Dying Deposition:
 It is statement of dying person, who is
unable to go to court, recorded by court of
law.
DYING DECLARATION DYING DEPOSITION
Legal formalities of oath are not
necessary
Oath is an essential pre requisite.
It can recorded by any credible person,
including the attending medical
practitioner
A justice of peace can only record it.
Presence of the accused is not necessary Presence of accused is essential
Case must be a criminal one of
homicide and circumstances of death
is the subject of declaration
It can be recorded in any case when the
witness is critically ill.
It should contain only the statement of
the dying person and nothing else.
It includes the statement of the dying
witness and the cross – examination
by the accused.
It should be read over to him and if
possible, may be got signed by him
Signature of the dying witness is
necessary.
After recording, it must sent to illaqa
magistrate sealed
Formality unnecessary, being recorded
by the justice of peace himself.
It becomes valid only upon the death of
the declarant.
It continues to remains valid even after
the recovery of the declarant
6) Opinion of an Expert
 means conclusion drawn upon facts
observed by or presented to a trained and
qualified person in respect of his specialty.
 Medical opinions about weapon of offence
and duration of injury when based upon
characteristics of wound come in this
category.
 Best evidence must be given in all cases.
 The Latin phrase mens-rea means the evil or
criminal intent, which is a pre requisite to guilt
and condition precedent to liability of the crime.
 The law does not punish criminal or evil thought.
Substantive Criminal Law
 In addition to mens-rea, there has to be an
action that would indicates implementation of
the criminal intention.
 The Latin phrase actus-reus is used to
represent the evil action.
 In the absence of either of the two, the crime
can not be considered as committed
Criminal procedure
 Criminal procedure is conducted in
criminal courts of law keeping in mind
three essential components:
 General presumptions in law
 General exceptions in law
 General legal definitions
General presumptions in law
 Every one is sane and responsible for his
action.
 Every one is innocent until proved guilty.
 If, at the conclusion of the proceedings,
court of criminal law is in any reasonable
doubt about the allegation, the case has
shall be resolved in the favor of the
accused.
2) General exceptions in law
 There are three factors which negate
criminal responsibility.
1. Immaturity or Age
2. Insanity or disease
3. Intoxication.
 It means that accused must have acted
voluntary without any external influence
(Force, Drug or disease).
1) Immaturity:-
 According to Pakistan Penal code, 2 sections are inserted
for immaturity.
 Section 82. Act of a child under seven years of
age:
Nothing is an offence, which is done by a child under
seven years of age.
 Section 83. Act of a child above seven and
under twelve of immature understanding:
Nothing is an offence which is done by a child above seven
years of age and under twelve.
2) Insanity or Disease
 According to Pakistan Penal code section 84 inserted for
insanity.
 Section 84.Act of a person of unsound mind:
Nothing is an offence which is done by a person who, at
the time of doing it, by reason of unsoundness of mind,
is incapable of knowing the nature of the act, or that he
is doing what is either wrong or contrary to law.
 Plea of insanity when raised as a defense in a
court of law may result in any of the three
verdicts during the course of proceedings
Insanity or Disease
 a) Unfit to Plead: - is applicable when
the defendant was sane at the time of
commission of crime but has subsequently
become insane and thus is not capable of
defending himself.
 The court proceedings get suspended till
such time that defendant’s sanity is
restored.
Insanity or Disease
 b) Guilty but insane: applies when the
defendant, because of insanity gets
completely absolved of his guilt.
Insanity or Disease
 c) Diminished responsibility: is
applicable to defendant who is not
completely absolved, but the severity of
sentence is mitigated or reduced.
 1) MC NAUGHTEN RULE:
 2) Legal test
 3) POLICE MAN AT THE SHOULDER:
 4)DURHAM’S RULE:
3) Intoxication
 Section 85. Act of a person incapable of
Judgment by reason of intoxication caused
against his will:
 Nothing is an offence which is done by a person who, at
the time of doing it, is, by reason of intoxication,
incapable of knowing the nature of the act, or that he is
doing what is either wrong, or contrary to law; provided
that the thing which intoxicated him was administered to
him without his knowledge or against his will.
Recording of Evidence
 51."Oath":
 “I Swear in the name of Allah, that what I shall
tell, be the truth, the whole truth & nothing but
the truth”.
 The Aim of taking Oath is affirmation that the witness
will tell the truth during the evidence.
RECORDING OF EVIDENCE IN THE COURT IN 3
STAGES:
1. Examination in Chief or Direct Examination:
2. Cross Examination
3. Re-examination
1) Examination in Chief or Direct
Examination:
 It is the first and main component of evidence.
 The party who produces the witness conducts it.
 Leading questions are not allowed.
 Leading Question: is the question that suggests its own
answer.
 For example: Dr is this injury caused by sharp weapon.
2) Cross Examination
• It is the 2nd part of evidence recording
• It is conducted by the party who defends
the case.
• It is required to test credibility of
evidence
• Leading questions are allowed.
3. Re-examination
• Is the 3rd stage of recording of evidence
• Witness may be re-examined by the counsel
who called him
• It provides an opportunity to rectify
discrepancies that may have occurred due to
cross-examination.
• Court can ask any questions during any stage
of examination to clarify the facts called court
questions.
Professional misconduct
Infamous Conduct OR
Disgraceful Act
 It was defined as by Lord Justice Lopez in 1894
that,
 “If a medical man, during his profession work,
has done something which will be reasonably
regarded as disgraceful or dishonorable by his
professional brethren of good repute and
competency, then it is open to the Medical
Council, to say that he is guilty of infamous
conduct in a professional respect.“
 Can easily be remembered as 5 A.
Type of Abuse Examples
Abuse of Medical Practitioner Privileges a) Issuing false medical certificate, in respect of
birth, death, illness & Vaccination etc.
b) Prescribing drugs of addiction for abuse.
c) Disclosing patients secrets
Abuse of Doctor patient relationship a) Indecent assault on patient.
b) Adultery with patient
Abuse of professional knowledge a) Criminal abortion
Associating unqualified persons in professional work
Advertising and canvincing with a view to have un
reasonable gains.
CONSENT
The word ‘consent’ is both a verb and a noun;
meaning: to agree or to say ‘yes’
Consent
 In the medical treatment, the two or more
persons are said to give consent when
they agree upon the same thing in the
same manner.
 DEFINITION It is the voluntary
agreement or permission of the patient
before the start of medical treatment /
examination.
 For Treatment:-Consent or permission is necessary for all
medical procedures whether undertaken for the purpose of
diagnosis or physical treatment.
Consent would include any procedure under taken for
the purpose:-
1. Diagnosis
2. Anaesthesia
3. Fluid infusion
4. Blood transfusion
5. Any operation
6. Any form of medical/ surgical treatment
 Person above 16 years can give consent independently
 Below 16 years consent from parents/guardian
TYPES OF CONSENT
i. Implied (understood) in emergency
ii. Expressed
a. Oral
b. Written
 Implied consent: This is most common type of
consent observed in routine medical practice.
The patient presents himself before RMP.
 The consent is presumed to have been given
when patient enters doctor's consultation
room.
 Implied consent is applicable in cases of real
emergency.
 Routine physical examination are done under
implied consent.
 Expressed consent should be taken from all
patients other than those of emergency it is
that type of consent when the patient having
full knowledge about the medical treatment.
 Oral consent (oral permission): It is
employed for minor examination or
therapeutic procedures. It should preferably
be taken in the presence of third party e.g
nurse/ receptionist. It is as equally valid as
written.
 Written consent (in written form): It is
obtained in all major diagnostic procedure
and surgical operations.
BLANKET CONSENT
• Is the one that is obtained without fully
explained about the proposed treatment.
• Incomplete, vague consent without any proper
information, risks and nature of treatment
• This method is being followed by almost all
hospitals in Pakistan
 Standard procedure of consent is that the medical
practitioners tell his patient the nature of treatment
and its possible risks in simple language and gets his
permission before actually starting the treatment.
 He has marginal discretion in what to tell, especially
when he honestly believe that to tell the whole truth
is liable to impede or interfere with the
 The law leave this question as to how much to tell to
the patient to the conscience of medical practitioner
and expect him to decide this question in good faith
in the interest of the patient. When he withholds
information from the patient in good faith, he is
advised to pass it on to his near relative.
 Modified procedure of consent may
have to be adopted on certain occasions:
 Muslims refuse medical preparations
containing alcohol being prohibited in
Islam.
 Christian sect belonging to jehova's witness
objects to blood transfusion.
Rules of consent :
 It should be free, voluntary, informed and
clear.
 Age of consent - patient should be major.
 In case of children - consent may be
obtained from the parent or near relative or
guardian of the patient.
 The consent should not be under threat or
fear, false conception and intoxication..
 The doctor should explain all the relevant
details to the patient such as.
 About the disease.
 About the diagnostic test.
 About the proposed therapeutic plan.
 About the risks involved and prognosis.
 Explaining the nature of operation etc.
 Explaining the nature of anesthesia
 Explaining the nature of all possible benefits
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Law

  • 3. Law  It is a rule of personal conduct enforced by Institutions called courts  It is a rule established by authority society or custom based on reason as quoted “Law is nothing but reason and that what is not reason is not law”.
  • 4. On the basis of its source  Law is divided into two types;  Common Law  Statute Law  Islamic law
  • 5. Common Law  It is any unwritten and generally applied systems of law based on the conduct decisions, usage and customs.
  • 6. Statute Law  It is enacted by the legislative body of a representative government or decreed by a ruler.  If assembly passed the law it will become an ACT.  If president passed the law it will become an Ordinance.
  • 7. Statute Law  It is written and codified law of a country  In Pakistan, after enactment of the Statute Law, it is notified in Extra-ordinary Gazette of the Government and later published in a book or booklet form.  In its printed form , like any other book , it consists of a title, a preamble, parts, chapters, sections and schedule.
  • 8.  Statute law is of two types  Civil law  Criminal Law
  • 9. Civil Law  Is that law, which deals with the rights of citizens in a particular state or nation as distinguished from criminal law.  It provides remedies for personnel grievances of individuals or group of individuals.
  • 10.  Industrial injury.  Poisoning.  Medical negligence.  Matrimonial and  Land lord tenant disputes are dealt under civil law.  Damage is compensated in terms of money.
  • 11. Criminal Law  Involves crime and its punishment.  It is body of law, which exists for better government of persons within the state.  Its contravention is punished with fine, imprisonment or death.
  • 12. Courts of law  Def: the courts of law are places where people bring their grievances against others to seek remedies. Or  Court includes all the judges and magistrates legally authorized to take evidence.
  • 13. Procedure of Court:  Complaint: means an oral or written allegation made to magistrate to take action against a person who has committed an offence. This does not include a police.  Offence:A thing made punishable by Pakistan penal code. two types of offence;  a) Cognizable Offence: It means an offence for which police officer may arrest the offender without warrant. e.g. Rape, Sodomy.  b) Non-Cognizable Offence: It means an offence for which a police officer may not arrest the offender with out warrant.
  • 14. Warrant: The written signed and stamped authority to arrest a person, which shall remain in force till its execution or cancellation. Summon: Written signed and stamped directions of the court, to the witness, accused or juror to attend the court at the notified time date and place.
  • 15.  Judge: A person who is officially designated or empowered by law to give a definite judgment in any legal proceeding civil or criminal
  • 16.  Plaintiff: a person who makes the complaint in the court of law and has to prove his case is called Plaintiff.  Defendant: The person who is accused of breach of law and has to defend himself in the court of law is called defendant.
  • 17.  Witness: Any person who testifies the fact as perceived by him in a proceeding is called witness. OR  A person who presents the evidence before a court.
  • 18.  Evidence means a fact or an information in an issue in a case, which a witness is capable of perceiving through any of his senses i.e. vision, hearing, smell, taste and touch.  Testimony. A fact, evidance or information (oral or written) after its presentation to the court of law by a witness under oath.
  • 19. Types of Witnesses: A. Common witness: is a witness who testifies the facts observed by himself. B. Expert witness: An expert witness is one who is qualified and trained to draw conclusion from facts observed by him or presented to him.  Medical man can both as common and as expert witness.  Common because he or she can say by the size, position and numbers of wounds.  Expert because he or she can say with certainty whether the wound is ante mortem or postmortem, accidental Homicidal or suicidal, Age of wound, weapon of infliction can give the opinion about the cause of death.
  • 20.  3) Hostile witness: is one purposely makes statements contrary to the facts or to what he has already said in a lower court or in the same court on a previous occasion Or  Witness who gives false evidence with some definite motive.
  • 21. Types of courts  1) Civil Courts  2) Criminal Courts  In Pakistan besides them there is a Shariat court having special jurisdiction.  3) Shariat Court  1) Civil Courts: deals with civil cases and cases of violence of non cognizable nature  2) Criminal courts: deals with the criminal cases and appellants cases
  • 22.  Both the civil and criminal courts have three levels   1) Courts of IST instance: it includes civil court  These courts have small Jurisdiction. consisting of an illaqa,  hears a case of ordinary nature  Presided over by Magistrates for criminal cases, by a civil Judge in civil court.
  • 23. Magisterial Courts: Rank Sentences can be passed Fines can be imposed Section 30 Magistrate Imprisonment Not exceeding 7 years No limit First Class Magistrate Imprisonment Not exceeding 3 years, whipping , solitary confinement Not exceeding Rs. 15000/= Second Class Magistrate Imprisonment Not exceeding 1 year. Solitary confinement Not exceeding Rs 5000/= Third Class Magistrate Imprisonment Not exceeding 1 month. Not exceeding Rs 1000/=
  • 24.  JUVENILE MAGISTRATE:  Usually woman  Preside over juvenile courts or tries over juvenile offenders- i-e children below the age of 16 years.  tried under children act  if any child found guilty not given the imprisonment but sent to the reformer centers. 
  • 25.  2) Court of 2nd instance: it includes Session court.  Courts above the first instance have wider jurisdiction.  Spread over the whole district (Highest court in the district).  presided over by District session Judges appointed by the high court  Have mixed jurisdiction. Here both civil and criminal cases.  Courts of appeals for the courts of ist instance.  These courts can award all punishments up to death sentence but the death sentence or punishment be confirmed by high court before execution 
  • 26.  3) Court of 3rd Instance: it includes High Court & Supreme Court.  HIGH COURT:  Highest in the province  Headed by chief justice of court  Presided over by Judge of High court  Have both civil & criminal Jurisdiction  Hears mainly the appeals against the decision of courts lower to it.  Can pass any sentence under the law.
  • 27.  SUPREME COURTS:  Highest court in the country.  Presided by the chief justice  It can pass any sentence
  • 28. 3) Shariat Court:  Gives justice according to Holy Quran and Islamic Laws.  Located in Islamabad.
  • 29. Principles for the production of evidence or Admissibility of Evidence: 3 principles; 1. Evidence must be relevant, confined to matters in the issue 2. Hearsay evidence must not be admitted 3. In all cases best possible evidence should be given.
  • 30. Types of Evidence: 1. Direct / Oral Evidence 2. Circumstantial Evidence 3. Corroborative Evidence 4. Documentary evidence 5. Hearsay Evidence 6. Opinion of an Expert
  • 31. 1. Direct Evidence  means a testimony given by a witness as to what he has himself perceived by his own senses  For example: A was hit by a car on a road , B saw the incidence and his evidence about the circumstances is the direct evidence
  • 32. Oral evidence:  Must be direct evidence.  All the statements which the courts permits to be presented before it by the witness.  it is more important than documentary evidence because it admits the cross examination for its accuracy.
  • 33. 2) Circumstantial Evidence  It means fact from which some other fact can be inferred.  For example: A is found dead on a road…  It is admissible in the court on same footing as direct evidence.
  • 34. 3) Corroborative Evidence:  means one evidence support to other evidence.
  • 35. 4) Documentary Evidence All the documents produced for the inspection of the court. Document may be primary or secondary.
  • 36. a) Primary Document or evidence:  means and includes an original document itself produced for the inspection of the court.  For example:Medical certificates, book, death certificate, medicolegal report, autopsy report
  • 37. b) Secondary document or evidence  means and includes the certified copies made from original document by any processes.
  • 38. 5) Hearsay Evidence: -  is that an evidence of something which the witness does not know for himself but has heard of from some body else.  It is not admissible in court of law except the dying declaration
  • 39. Dying Declaration  It is the statement of a person who is seriously injured and death is imminent. It is recorded by any credible person. Dr being the incharge of the patient and also the best judge about his physical condition is the obvious choice. Or  It refers to a statement, verbal or written, made by a person since deceased narrating the cause of his death.
  • 40. Dying Deposition:  It is statement of dying person, who is unable to go to court, recorded by court of law.
  • 41. DYING DECLARATION DYING DEPOSITION Legal formalities of oath are not necessary Oath is an essential pre requisite. It can recorded by any credible person, including the attending medical practitioner A justice of peace can only record it. Presence of the accused is not necessary Presence of accused is essential Case must be a criminal one of homicide and circumstances of death is the subject of declaration It can be recorded in any case when the witness is critically ill. It should contain only the statement of the dying person and nothing else. It includes the statement of the dying witness and the cross – examination by the accused. It should be read over to him and if possible, may be got signed by him Signature of the dying witness is necessary. After recording, it must sent to illaqa magistrate sealed Formality unnecessary, being recorded by the justice of peace himself. It becomes valid only upon the death of the declarant. It continues to remains valid even after the recovery of the declarant
  • 42. 6) Opinion of an Expert  means conclusion drawn upon facts observed by or presented to a trained and qualified person in respect of his specialty.  Medical opinions about weapon of offence and duration of injury when based upon characteristics of wound come in this category.  Best evidence must be given in all cases.
  • 43.  The Latin phrase mens-rea means the evil or criminal intent, which is a pre requisite to guilt and condition precedent to liability of the crime.  The law does not punish criminal or evil thought.
  • 44. Substantive Criminal Law  In addition to mens-rea, there has to be an action that would indicates implementation of the criminal intention.  The Latin phrase actus-reus is used to represent the evil action.  In the absence of either of the two, the crime can not be considered as committed
  • 45. Criminal procedure  Criminal procedure is conducted in criminal courts of law keeping in mind three essential components:  General presumptions in law  General exceptions in law  General legal definitions
  • 46. General presumptions in law  Every one is sane and responsible for his action.  Every one is innocent until proved guilty.  If, at the conclusion of the proceedings, court of criminal law is in any reasonable doubt about the allegation, the case has shall be resolved in the favor of the accused.
  • 47. 2) General exceptions in law  There are three factors which negate criminal responsibility. 1. Immaturity or Age 2. Insanity or disease 3. Intoxication.  It means that accused must have acted voluntary without any external influence (Force, Drug or disease).
  • 48. 1) Immaturity:-  According to Pakistan Penal code, 2 sections are inserted for immaturity.  Section 82. Act of a child under seven years of age: Nothing is an offence, which is done by a child under seven years of age.  Section 83. Act of a child above seven and under twelve of immature understanding: Nothing is an offence which is done by a child above seven years of age and under twelve.
  • 49. 2) Insanity or Disease  According to Pakistan Penal code section 84 inserted for insanity.  Section 84.Act of a person of unsound mind: Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
  • 50.  Plea of insanity when raised as a defense in a court of law may result in any of the three verdicts during the course of proceedings
  • 51. Insanity or Disease  a) Unfit to Plead: - is applicable when the defendant was sane at the time of commission of crime but has subsequently become insane and thus is not capable of defending himself.  The court proceedings get suspended till such time that defendant’s sanity is restored.
  • 52. Insanity or Disease  b) Guilty but insane: applies when the defendant, because of insanity gets completely absolved of his guilt.
  • 53. Insanity or Disease  c) Diminished responsibility: is applicable to defendant who is not completely absolved, but the severity of sentence is mitigated or reduced.
  • 54.  1) MC NAUGHTEN RULE:  2) Legal test  3) POLICE MAN AT THE SHOULDER:  4)DURHAM’S RULE:
  • 55. 3) Intoxication  Section 85. Act of a person incapable of Judgment by reason of intoxication caused against his will:  Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law; provided that the thing which intoxicated him was administered to him without his knowledge or against his will.
  • 56. Recording of Evidence  51."Oath":  “I Swear in the name of Allah, that what I shall tell, be the truth, the whole truth & nothing but the truth”.  The Aim of taking Oath is affirmation that the witness will tell the truth during the evidence.
  • 57. RECORDING OF EVIDENCE IN THE COURT IN 3 STAGES: 1. Examination in Chief or Direct Examination: 2. Cross Examination 3. Re-examination
  • 58. 1) Examination in Chief or Direct Examination:  It is the first and main component of evidence.  The party who produces the witness conducts it.  Leading questions are not allowed.  Leading Question: is the question that suggests its own answer.  For example: Dr is this injury caused by sharp weapon.
  • 59. 2) Cross Examination • It is the 2nd part of evidence recording • It is conducted by the party who defends the case. • It is required to test credibility of evidence • Leading questions are allowed.
  • 60. 3. Re-examination • Is the 3rd stage of recording of evidence • Witness may be re-examined by the counsel who called him • It provides an opportunity to rectify discrepancies that may have occurred due to cross-examination. • Court can ask any questions during any stage of examination to clarify the facts called court questions.
  • 62.  It was defined as by Lord Justice Lopez in 1894 that,  “If a medical man, during his profession work, has done something which will be reasonably regarded as disgraceful or dishonorable by his professional brethren of good repute and competency, then it is open to the Medical Council, to say that he is guilty of infamous conduct in a professional respect.“  Can easily be remembered as 5 A.
  • 63. Type of Abuse Examples Abuse of Medical Practitioner Privileges a) Issuing false medical certificate, in respect of birth, death, illness & Vaccination etc. b) Prescribing drugs of addiction for abuse. c) Disclosing patients secrets Abuse of Doctor patient relationship a) Indecent assault on patient. b) Adultery with patient Abuse of professional knowledge a) Criminal abortion Associating unqualified persons in professional work Advertising and canvincing with a view to have un reasonable gains.
  • 64. CONSENT The word ‘consent’ is both a verb and a noun; meaning: to agree or to say ‘yes’
  • 65. Consent  In the medical treatment, the two or more persons are said to give consent when they agree upon the same thing in the same manner.  DEFINITION It is the voluntary agreement or permission of the patient before the start of medical treatment / examination.
  • 66.  For Treatment:-Consent or permission is necessary for all medical procedures whether undertaken for the purpose of diagnosis or physical treatment. Consent would include any procedure under taken for the purpose:- 1. Diagnosis 2. Anaesthesia 3. Fluid infusion 4. Blood transfusion 5. Any operation 6. Any form of medical/ surgical treatment
  • 67.  Person above 16 years can give consent independently  Below 16 years consent from parents/guardian
  • 68. TYPES OF CONSENT i. Implied (understood) in emergency ii. Expressed a. Oral b. Written
  • 69.  Implied consent: This is most common type of consent observed in routine medical practice. The patient presents himself before RMP.  The consent is presumed to have been given when patient enters doctor's consultation room.
  • 70.  Implied consent is applicable in cases of real emergency.  Routine physical examination are done under implied consent.
  • 71.  Expressed consent should be taken from all patients other than those of emergency it is that type of consent when the patient having full knowledge about the medical treatment.  Oral consent (oral permission): It is employed for minor examination or therapeutic procedures. It should preferably be taken in the presence of third party e.g nurse/ receptionist. It is as equally valid as written.  Written consent (in written form): It is obtained in all major diagnostic procedure and surgical operations.
  • 72. BLANKET CONSENT • Is the one that is obtained without fully explained about the proposed treatment. • Incomplete, vague consent without any proper information, risks and nature of treatment • This method is being followed by almost all hospitals in Pakistan
  • 73.  Standard procedure of consent is that the medical practitioners tell his patient the nature of treatment and its possible risks in simple language and gets his permission before actually starting the treatment.  He has marginal discretion in what to tell, especially when he honestly believe that to tell the whole truth is liable to impede or interfere with the  The law leave this question as to how much to tell to the patient to the conscience of medical practitioner and expect him to decide this question in good faith in the interest of the patient. When he withholds information from the patient in good faith, he is advised to pass it on to his near relative.
  • 74.  Modified procedure of consent may have to be adopted on certain occasions:  Muslims refuse medical preparations containing alcohol being prohibited in Islam.  Christian sect belonging to jehova's witness objects to blood transfusion.
  • 75. Rules of consent :  It should be free, voluntary, informed and clear.  Age of consent - patient should be major.  In case of children - consent may be obtained from the parent or near relative or guardian of the patient.  The consent should not be under threat or fear, false conception and intoxication..
  • 76.  The doctor should explain all the relevant details to the patient such as.  About the disease.  About the diagnostic test.  About the proposed therapeutic plan.  About the risks involved and prognosis.  Explaining the nature of operation etc.  Explaining the nature of anesthesia  Explaining the nature of all possible benefits

Notas del editor

  1. important
  2. MCQ
  3. MCQ
  4. VIVA Q
  5. Important
  6. Important
  7. Important
  8. Important
  9. Important
  10. Important
  11. Important
  12. Important
  13. Important
  14. (Dichotomy or Fee splitting: The doctor should not engage himself in receiving or giving commission or other benefits to a colleague or drug manufacturer called dichotomy or fee splitting.)
  15. MCQ
  16. MCQ