[03/02 9:51 PM] Dr Vivekanshu: Weapon caused lacerated or incised wound. What is its significance in law?
Judge wants to know the weapon which has caused injury is dangerous weapon or not.
Dangerous weapon is any instrument used for stabbing, shooting, cutting, corrosive, fire or poison endangering life.
Most of sharp weapons can endanger life. So if even one incised wound caused by weapon, than judge will verify with eye witness & police whether any dangerous weapon was used or not.
If it is proved that the weapon can endanger life, than judge will ask whether weapon caused simple hurt or grievous. Punishment will be 3 yrs for simple hurt caused by dangerous weapon voluntarily & 7 yrs for grievous.
324 IPC if the dangerous weapon causes hurt voluntarily.
326 IPC if the dangerous weapon causes grievous hurt voluntarily. Both are non-bailable.
[03/02 10:14 PM] Dr Vivekanshu: Importance of Doctor patient communication.
Around 90 percent of the patient-doctor disputes are due to improper communication and misconceptions. (IMA) has constituted an ‘IMA Mediation, Conciliation and Grievances Redressal Cell’, which will meet twice on 1st and 3rd Saturday every month to listen and dispose of complaints from patients.
The cell has been created with the objective of providing a platform and mechanism for amicable and peaceful settlement of any dispute between a patient and doctor member of IMA.
According to IMA, the association has written a letter to all its 1700 local branches and 30 state branches to open a similar ‘IMA Mediation, Conciliation and Grievances Redressal Cell’ in their respective state/local branch and meet twice in a month to mediate between patients and doctors.
Upon receiving a complaint by IMA from an aggrieved person, the same shall be handed over to the cell who shall issue notice of the said complaint to the concerned doctor member with directions to file their response.
The cell shall obtain the consent of both the parties in writing in the prescribed form before the proceedings.
It shall pass an award on the basis of settlement arrived between the parties out of their mutual will and choice, free from any pressure and influence.
If no settlement can be reached between the parties, then the matter would be closed by the cell subject, however, to the condition that all the records of the case would be kept confidential and consigned to records.
The cell will only facilitate in arriving at a decision to resolve the disputes and it will not impose any settlement or decision on the parties.
The complaint will be settled within 90 days, according to the IMA.
The cell will attempt to facilitate voluntary resolution of the dispute between the parties and will assist them in identifying issues, reducing misunderstandings, clarifying priorities and exploring all possibilities of amicable compromise but in any case it will not impose any terms of the settlement upon the parties.
The cell will include doctors, an advocate and a social person of eminence as members.
[03/02 11:58 PM] Dr Vivekanshu: Even Numbers & Offences in Law.
So mostly odd numbers in end of IPC section are safer in law & bailable than even numbers, which are non-bailable.
Some examples of non-bailable offences related to forensic medicine.
274 IPC(adulteration of drugs).
302 IPC(murder).
304 IPC(culpable homicide)- 304B dowry death.
306 IPC abetment of suicide.
308 IPC attempt to commit culpable homicide.
314 causing Death by act with intent of miscarriage.
316 causing Death of a quick unborn child.
324, dangerous weapon causing hurt.
326, dangerous weapon causing grievous hurt.
332 voluntarily causing hurt to deter public servant from duty.
354 outrage modesty of woman (354B-intent to disrobe woman).
364 kidnapping for murder/ransom.
370 human trafficking.
372 selling/hiring minor for prostitution.
376 Rape.
384 Extortion.
392 Robbery.
406 Criminal Breach of trust.
420 Cheating.
436 Mischief by fire/ Explosive.
466 Forgery of a record of -court/ Birth & Death register/ kept by public servant.
498A cruelty to married woman.
Exceptions of odd numbers in end of IPC which are non-bailable.
303 murder by person under sentence for life imprisonment.
305 abetment of suicide committed by child, insane or intoxicated.
307- attempt to murder.
313 -miscarriage without women’s consent.
333-voluntarily causing grievous hurt to deter public servant from duty.
377unnatural offences.
379 theft.
