Medical Jurisprudence Practice Questions

Q: The power to summon persons by a police officer comes under which section of CrPC?

175. ***175*** - **Section 175** of the Criminal Procedure Code (CrPC) explicitly grants a police officer the authority to **summon persons** to assist in an investigation. - This section empowers the officer to require the attendance of individuals who are acquainted with the facts and circumstances of a case. *357* - **Section 357** of the CrPC deals with **orders to pay compensation** to victims, which is a power exercised by the courts at the time of passing judgment, not by a police officer to summon individuals. - It focuses on financial remedies for victims of crime rather than investigatory powers. *39* - **Section 39** of the CrPC outlines the **public's duty to give information** of certain offenses to the police or magistrate. - It imposes a duty on citizens, not on police officers to summon individuals for investigation purposes. *416* - **Section 416** of the CrPC pertains to **warrants for the execution of sentences**, specifically for capital punishment (death sentence) and other penalties. - This section is related to the execution of judicial orders after a conviction, not to the investigative powers of a police officer to summon people.

Q: Leading questions are permitted only in-

Cross examination. ***Cross examination*** - **Leading questions** are questions that suggest the answer the examiner wishes to elicit. They are generally permitted in **cross-examination** to challenge the witness's testimony and probe for inconsistencies. - The purpose of cross-examination is to test the **veracity** and **accuracy** of the evidence given by the witness during direct examination. *Re-examination* - **Re-examination** follows cross-examination and is conducted by the party who called the witness, but it is limited to explaining or clarifying matters raised during cross-examination. - **Leading questions** are generally not allowed during re-examination, as its purpose is to rehabilitate the witness, not introduce new evidence or suggest answers. *Examination in chief* - **Examination in chief** (or direct examination) is when a lawyer questions their own witness to elicit factual information relevant to their case. - **Leading questions** are typically prohibited during examination in chief to ensure that the testimony is the witness's own and not influenced by the lawyer. *Dying declaration* - A **dying declaration** is a statement made by a person who is conscious and believes death is imminent, regarding the cause and circumstances of their impending death. - It is an exception to the **hearsay rule** and is usually recorded as a statement, not as a process involving direct questioning where leading questions would be applied in a court setting.

Q: Criminal negligence is punishable under

304 (A) IPC. ***304 (A) IPC*** - Section **304A of the Indian Penal Code** deals with causing **death by negligence**, which is a form of criminal negligence. - This section punishes acts that cause death through a rash or negligent act not amounting to **culpable homicide**. *306 IPC* - Section **306 of the IPC** specifies the punishment for **abetment of suicide**. - This section is not related to accidental death caused by negligence, but rather to intentionally assisting someone to take their own life. *304 IPC* - Section **304 of the IPC** deals with **punishment for culpable homicide not amounting to murder**. - While it involves causing death, the degree of mental culpability required for Section 304 is higher than mere negligence, involving an intention or knowledge that is likely to cause death. *307 IPC* - Section **307 of the IPC** pertains to **attempt to murder**. - This section addresses acts committed with the intention or knowledge that could cause death, but where death does not actually occur.

Q: Which of the following is NOT true regarding a police inquest?

An IO cannot summon witnesses during investigation. ***Correct Answer: An IO cannot summon witnesses during investigation*** - This statement is **FALSE** and therefore the **correct answer** to this "NOT true" question - Under **CrPC Section 160**, an Investigating Officer (IO) has the **legal authority to summon witnesses** during investigation - Summoning witnesses is a fundamental investigative power and crucial for gathering evidence in a police inquest *Incorrect: A senior head constable can conduct police inquest investigations* - This statement is **TRUE**, so it's not the answer - Police inquest investigations can be conducted by officers of appropriate rank including senior head constables - The specific rank requirements may vary by jurisdiction and local police regulations *Incorrect: Police inquest is the most common type of inquest* - This statement is **TRUE**, so it's not the answer - Police inquests are the most frequently conducted type of inquest in India - They are routinely initiated in cases of unnatural deaths, suspicious deaths, or deaths in custody *Incorrect: Panchnama must be signed by the investigating officer* - This statement is **TRUE**, so it's not the answer - The Panchnama is a record of observations at the scene and must be signed by the IO - Signatures by both the IO and panchas (witnesses) authenticate the document and validate the recorded observations

Q: True about suppositious child: PGI 07, 08; MAHE 11

Woman claims the child as her own. ***Woman claims the child as her own*** - A **suppositious child** refers to a child that is **falsely presented** or claimed as one's own, often to secure inheritance or social status. - This involves a **deception** where a woman claims to have given birth to a child that is not biologically hers. *Child who is born after father dies* - This scenario describes a **posthumous child**, which is a child born after the death of the father. - The legal and social implications of a posthumous child are distinct from those of a suppositious child. *Child born through artificial insemination* - This refers to a child conceived via **assisted reproductive technology**, where sperm is introduced into a woman's uterus. - Such a child is legally and biologically recognized as belonging to the parents who underwent the procedure. *Child born out of wedlock* - This term refers to a child born to **unmarried parents**, and is legally referred to as a **non-marital child**. - While it has social and legal implications, it does not involve the deception central to a suppositious child.

Q: A quack gives a penicillin injection to a patient who dies due to it. Will the quack be relieved of his criminal responsibility by raising a plea of accident?

Never. ***Never*** - A **quack** (unqualified individual practicing medicine) administering injections demonstrates **gross medical negligence and lack of skill** - The act itself constitutes criminal liability as they cannot meet the standard of care required for medical practice - The plea of accident requires the act to be done with **proper care and caution**, which an unqualified person cannot demonstrate by definition *Likely to* - The plea of accident under IPC Section 80 applies only when an act is done with proper care and caution - A quack's lack of medical training inherently means they cannot exercise the **due diligence** expected in medical practice - Their unqualified status precludes any defense of accident *Deserves to be acquitted on the Strength of evidence* - Evidence would establish the quack's **unqualified status** and direct causation between the injection and death - This supports a finding of **culpable negligence under IPC Section 304A**, not acquittal - Criminal liability is established by the very act of unauthorized medical practice resulting in death *Definitely* - This option is ambiguous and contradicts the legal position - The quack will **definitely face criminal liability**, not definitely be relieved of it - Administering injections without qualification is inherently a **rash and negligent act**

Q: All are the powers of high court except

Court of final appeal. ***Court of final appeal*** - The **Supreme Court** is the highest court of appeal in India, making decisions from the High Court appealable to it. - While a High Court is a superior court, it is *not* the court of final appeal in the Indian judicial system. *Court of appeal against a lower court order* - High Courts have **appellate jurisdiction** and can hear appeals against judgments and, orders from subordinate courts within their territorial limits. - This power allows the High Court to review the decisions of lower courts to ensure justice is served. *It can try any offense* - High Courts possess **original jurisdiction** in certain matters and can try any offense listed within its purview. - They also exercise wide **supervisory jurisdiction** over all subordinate courts and tribunals within their territorial jurisdiction. *Pass any sentence prescribed by law* - High Courts have the power to impose **any sentence authorized by law**, including the death penalty. - However, any death sentence passed by a lower court must be **confirmed by the High Court** before it can be executed.

Q: Criminal negligence is punishable under Section 304A for a maximum of:

2 years. ***2 years*** - Section 304A of the **Indian Penal Code** deals with causing **death by negligence**, which is often referred to as criminal negligence in the context of medical practice. - The maximum punishment prescribed for this offense is **imprisonment for a term of up to two years**, or a fine, or both. *1 year* - While lesser penalties might be applied for certain minor offenses, **criminal negligence** leading to death typically carries a more significant punishment. - A one-year sentence is not the maximum prescribed under **Section 304A IPC**. *5 years* - A maximum punishment of five years is applicable for more severe offenses under the IPC, but it does **not apply to Section 304A**, which specifically addresses death by negligence. - Offenses causing death with intent or knowledge, such as culpable homicide not amounting to murder, may attract longer sentences. *3 years* - A three-year maximum sentence is also not the specific punishment prescribed for criminal negligence causing death under **Section 304A of the IPC**. - This period aligns with other offenses under the Code, but not with this particular provision.

Q: Type of inquest conducted in dowry death is

Police inquest. ***Police inquest*** - In dowry death cases, a **police inquest** is mandatory under Section 174 of the **Criminal Procedure Code (CrPC)** when the cause of death is suspicious or unnatural and involves a woman within seven years of marriage. - The police investigate the circumstances surrounding the death to determine if it was due to **dowry-related harassment** or other foul play. *Coroner's inquest* - A **coroner's inquest** is a judicial inquiry to determine the cause of death, typically conducted in jurisdictions that have a coroner system (e.g., some parts of the UK, USA). - This system is generally **not prevalent in India**, where dowry deaths are governed by specific sections of the CrPC and Indian Penal Code (IPC). *Magistrate inquest* - A **magistrate inquest** (under Section 176 CrPC) is conducted by an Executive Magistrate only in specific circumstances, such as custodial deaths, deaths in police firing, or when the police officer is accused of having caused the death. - While it can be ordered in some unnatural deaths, it's not the primary or exclusive type of inquest prescribed for typical dowry deaths unless further statutory conditions are met. *Medical examiner's inquest* - A **medical examiner's inquest** is conducted by a medical examiner, a legally qualified medical doctor specializing in forensic pathology. This system is similar to the coroner system, often used in parts of the USA. - In India, the investigation primarily involves **police procedures** and civil or judicial magistrates, rather than medical examiners.

Q: In forensic medicine, culpable homicide not amounting to murder is distinguished from murder primarily by:

Degree of intention and knowledge (mens rea). ***Degree of intention and knowledge (mens rea)*** - This is the **primary distinguishing factor** between culpable homicide not amounting to murder and murder under the Indian Penal Code. - **Murder (Section 300 IPC)** involves a higher degree of culpability with specific intent to cause death, knowledge that the act is imminently dangerous and will likely cause death, or intent to cause bodily injury sufficient in ordinary course to cause death. - **Culpable homicide not amounting to murder (Section 299 IPC)** involves causing death with intention or knowledge, but without the aggravating circumstances that elevate it to murder. - The key legal distinction lies in the **mens rea** (guilty mind) - the degree and quality of criminal intention or knowledge at the time of the act. *Presence of a weapon* - While weapons may be relevant to the circumstances of a case, they do not form the **primary legal distinction** between culpable homicide and murder. - Both offenses can be committed with or without weapons. *Age of the victim* - The age of the victim is generally **not a distinguishing factor** between these two categories of homicide under the IPC. - Age may be relevant in specific exceptions or defenses but is not the primary differentiator. *Type of injury inflicted* - While the nature of injuries may provide **evidence** of intent, the type of injury itself is not the primary legal distinguishing factor. - The distinction is based on the **mental state** (intention and knowledge) rather than the physical characteristics of the injury.

Question 1

The power to summon persons by a police officer comes under which section of CrPC?

Accepted Answer

175

Answer

357

Answer

39

Answer

416

Question 2

Leading questions are permitted only in-

Accepted Answer

Cross examination

Answer

Re-examination

Answer

Examination in chief

Answer

Dying declaration

Question 3

Criminal negligence is punishable under

Accepted Answer

304 (A) IPC

Answer

306 IPC

Answer

304 IPC

Answer

307 IPC

Question 4

Which of the following is NOT true regarding a police inquest?

Accepted Answer

An IO cannot summon witnesses during investigation

Answer

A senior head constable can conduct police inquest investigations

Answer

Police inquest is the most common type of inquest

Answer

Panchnama must be signed by the investigating officer

Question 5

True about suppositious child: PGI 07, 08; MAHE 11

Accepted Answer

Woman claims the child as her own

Answer

Child who is born after father dies

Answer

Child born through artificial insemination

Answer

Child born out of wedlock

Question 6

A quack gives a penicillin injection to a patient who dies due to it. Will the quack be relieved of his criminal responsibility by raising a plea of accident?

Accepted Answer

Never

Answer

Likely to

Answer

Deserves to be acquitted on the Strength of evidence

Answer

Definitely

Question 7

All are the powers of high court except

Accepted Answer

Court of final appeal

Answer

Court of appeal against a lower court order

Answer

It can try any offense

Answer

Pass any sentence prescribed by law

Question 8

Criminal negligence is punishable under Section 304A for a maximum of:

Accepted Answer

2 years

Answer

1 year

Answer

5 years

Answer

3 years

Question 9

Type of inquest conducted in dowry death is

Accepted Answer

Police inquest

Answer

Coroner's inquest

Answer

Magistrate inquest

Answer

Medical examiner's inquest

Question 10

In forensic medicine, culpable homicide not amounting to murder is distinguished from murder primarily by:

Accepted Answer

Degree of intention and knowledge (mens rea)

Answer

Age of the victim

Answer

Presence of a weapon

Answer

Type of injury inflicted

Medical Jurisprudence — MCQs

Medical Jurisprudence — MCQs

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