Advocate Yogesh V Nayyar has teamed with Dr. Anuradha Singh to publish an encyclopedia ENCYCLOPEDIA ON MEDICO-LEGAL CASES, FORENSICS & CRIMINAL LAW.
Advocate Nayyar has made a sincere attempt in covering all aspects of Medico Legal cases, Forensics, Investigations under the purview of Criminal Law relevant under the jurisdiction of Indian Law. To start off he has gone to the extent of describing Criminal Law governing CRIME in general and explaining in the simplest possible terms the different aspects of this law. This encyclopedia shall assist all practitioners of law, investigators, and students in this field and also everybody in the universe remotely connected in the practice of Criminal Law in India.
The WORD “CRIME” within itself fathoms the intensity and perpetration of an offence.
Bifurcated or split it reveals-
I=Intentional and Injurious
In pursuit of truth, Indian Judicial System started placing reliance and using forensic evidences like fingerprints, post mortem reports by medical experts, serology, toxicology, odontology, ballistics, DNA profiling, etc. Recent times have witnessed a spurt in the use of modern forensic techniques for deception detection like narco-analysis, brain mapping and lie detector for helping judiciary in reaching the truth in delivery of justice.
As the law undergoes rapid changes and modern form of interpretations as well the science and the mode of investigations change, the subject of the book, its quiet obvious one would think how critical is to understand medical science in a concise form.
The answer to it is simple. It is not difficult to understand the anatomy of human body as everyone has same structure. The subject of the book mainly relates to the medico-legal aspects of cases involving criminal law.
Attention is given more onto to the subject to be made and put up in a simpler form so as to be helpful for all the lawyers to understand the medical terminologies and so as well the aspects of medical science while dealing with the Criminal trials before Courts.
Medico-legal cases covers different arenas as we will discuss in the book right from injuries, its nature, gravity, place and organ, weapon and apart from the homicidal cases, we would discuss and make effort to understand cases involving strangulation, asphyxia, cases though are of strangulation but apparently looks like asphyxia, how in case of hanging investigation is done, what all are the important points should be kept in mind while dealing with and conducting investigation, collection of evidence in relation to forensic science, where weapons are involved what are the important aspects to be covered during the course of investigation and forensic evidence to be collected which includes paraffin test, ballistic experts test involving a weapon.
Forensics play a vital role in offences where dignity of woman is involved and where in detection; the issue of taking biological sample of the subject is a vital issue in forensic analysis since it may affect privacy or invade bodily integrity of a person resulting in compromising with the rights to life with dignity. Likewise; under some forensic techniques like narco analysis, the statements of the subjects are recorded under the influence of the drug administered to them, taking them to a trans-state for allegedly recording compulsive testimony. Such statements, although not admissible in the court, still violate right against self incrimination under article 20(3) of the Constitution of India. Hence, the Supreme Court of India; has made it compulsory to get the consent of the subject prior to conducting of such forensic tests.
The analytical account of various judicial pronouncements in India under the evolving legal trend on forensic tools and evidences while adjudicating both civil and criminal matters it is noteworthy that Supreme Court of India and various High Courts stressed on need and use of Forensic Science for detection of crime and criminals. Forensic science as such covers vide arena thus encompassing the basics of forensics from injuries to DNA test, DNA profiling, finger prints, blood sampling, DNA evidence in criminal cases for victim identification, confirming identity of accused not limiting to the crimes committed in routine life expanding the arena of usage of forensics to cases which are specialized including narcotics, terrorist attacks, bomb blasts, explosions, death by poisoning, serology; where forensic science and toxicology plays vital role in detection of crime, perpetrations thus establishing a link and lineage in the series of events.
This book is an attempt to create a book of art which elucidates every aspect like:
· Principles of Criminal law;
· Impact of Crime on Victims;
· Gender Based Violence and The Law;
· Medico-Legal Cases, Medical Negligence & Medical Jurisprudence – An Indian Law Perspective;
· Medico-Legal Aspects of Hurt, Injury and Wounds;
Crime involving Medico-Legal cases;
Cases involving Injuries;
Types of Injuries caused by different weapons;
Impacts of Injuries;
Medico-Legal Aspects of Injuries;
· Forensics of Fire Arms & Fire Arm Wounds;
· Ballistics and Medico-Legal Aspects;
· Burn Injuries (Themal, Electrical and Radiation);
· Forensics of Explosions and Bomb Blasts;
· Forensics and The Manifestation of Acid Attacks (Vitriolage & Vitriolism);
· Sexual Offences, Sexual Assault, Forensic Examination in the living and deceased;
· Medico-Legal Aspects of Rape;
· Child Sexual Abuse (CSA);
· Death by Asphyxia, When death by Asphyxia is a Case of Throttling, Death by Drowning, Throttling and Hanging;
· Poison: History, Features, Life-Death, Forensics & Toxicology;
· Forensics of Crime Scene Investigation;
· Introduction to Forensic Medicine & Legal procedures Prevalent in India;
· Admissibility Standards of Forensic And Scientific Expert Evidence in Indian Courts And criminal Trials And Judicial Decisions;
· Doctrine of Parens Patriae: Applicability in Medical Profession;
· DNA Test;
· DNA Profiling;
· DNA Evidence In Criminal Cases For Victim Identification;
· Finger Prints,
· Crime Scene Investigation;
· Theories How Investigation Is To Be Done By Investigating Agency;
· Collection of Evidence;
· Procedure of Collection of Evidence;
· Guidelines of Medical Council;
· Guidelines of Supreme Court of India;
· Rights, relief and remedy encompassing all the Landmark Judgments delivered by Supreme Court of India since 1950.
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