Medical Jurisprudence Practice Questions

Q: Cross examination of the prosecution witness is done by :

Defence counsel. ***Defence counsel*** - The **defence counsel** performs cross-examination to challenge the testimony of the prosecution witness. - This is a crucial part of the legal process to test the **credibility** and reliability of the witness's statements. *Public prosecutor* - The **public prosecutor** is responsible for presenting the initial testimony of their own witnesses through direct examination. - They do not cross-examine their own witnesses; instead, they would re-examine a witness after cross-examination by the defence if needed. *Judge* - The **judge** presides over the court proceedings and ensures that rules of evidence and procedure are followed. - While they can ask clarifying questions, the judge does not typically conduct the **cross-examination** of witnesses, which is the role of the legal counsel. *None of the options* - This option is incorrect because the **defence counsel** is indeed responsible for cross-examining prosecution witnesses.

Q: Punishment for murder by a life convict is currently under

302 IPC. ***302 IPC*** - Section **302 of the Indian Penal Code** prescribes the punishment for murder. - This section details the penalties, including **life imprisonment** or death, for committing murder, regardless of the convict's prior status. *303 IPC* - Section **303 of the IPC** dealt with punishment for murder by a life convict but was declared **unconstitutional** in 1983. - It mandated a **death sentence** for life convicts committing murder, which was deemed arbitrary. *299 IPC* - Section **299 of the IPC** defines **culpable homicide**. - It distinguishes culpable homicide from murder based on the **intent** and knowledge of causing death. *304 IPC* - Section **304 of the IPC** prescribes punishment for **culpable homicide not amounting to murder**. - This section applies when the offense of causing death does not meet the higher criteria for murder.

Q: A witness, who after taking oath, willfully makes a statement which he knows or believes to be false is guilty of offence under section:

193 IPC. ***193 IPC*** - **Section 193 of the Indian Penal Code (IPC)** is the substantive offense provision that prescribes **punishment for giving false evidence** in a judicial proceeding. - Making a false statement under oath, knowing it to be false, makes a person **guilty under Section 193 IPC**, which provides for imprisonment up to 7 years and fine. - This is the operative section under which prosecution is initiated for perjury. *191 IPC* - **Section 191 IPC** defines what constitutes "giving false evidence" - it describes the act but does not prescribe punishment. - While the question describes an act that fits Section 191's definition, the person is charged and found guilty under **Section 193**, which is the punishment provision. - Section 191 is a definitional section, not the offense section itself. *192 IPC* - **Section 192 IPC** deals with **fabricating false evidence**, which involves creating or manufacturing evidence (making false entries in documents, causing circumstances to exist, etc.). - This focuses on the act of *fabricating* rather than directly *giving* a false statement under oath in proceedings. *190 IPC* - **Section 190 IPC** deals with **threat of injury** to induce a person to refrain from applying for protection to a public servant. - This section is entirely unrelated to giving false evidence or making false statements under oath.

Q: Sec. 176 CrPC is related to?

Magistrate inquest. ***Magistrate inquest*** - Section 176 of the CrPC (Code of Criminal Procedure) specifically deals with the **inquiry by a Magistrate into the cause of death** in certain circumstances. - This section outlines the powers and procedures for a Magistrate to hold an inquest, particularly in cases involving death in police custody, or where there is suspicion of foul play, etc. *Summons* - Summons are dealt with under a different part of the CrPC, primarily starting from **Section 61**, which details the form and service of summons. - They are legal documents compelling an individual to appear in court, and are not related to the inquiry into the cause of death. *Coroner inquest* - While coroner inquests serve a similar purpose of inquiring into the cause of death, the term "coroner" is not primarily used in the Indian legal system; instead, **Magistrates primarily conduct such inquiries**. - The procedure and authority for these inquiries are laid out in the CrPC, which designates the role to Magistrates rather than coroners. *Police inquest* - Police inquests are conducted under **Section 174 CrPC**, where the police investigate the apparent cause of death, often in cases of suicide, accidental death, or when there is doubt about the cause. - While police conduct an initial inquiry and prepare a report, a Magistrate's inquest under Section 176 comes into play when there are specific suspicious circumstances or custodial deaths, providing an additional layer of scrutiny.

Q: What is the maximum punishment under Section 304-A IPC for causing death by negligence?

2 years. **2 years** - Section 304A of the **Indian Penal Code (IPC)** specifically dealt with causing **death by negligence** and prescribed a maximum imprisonment of **two years** (as per law applicable in 2015). - This section was applied in cases where death was caused by a rash or negligent act not amounting to culpable homicide. - **Note:** Section 304A IPC has been replaced by Section 106 of the Bharatiya Nyaya Sanhita (BNS) 2023, which prescribes a maximum of 5 years imprisonment. However, for this NEET-2015 question, the answer reflects the law as it existed at that time. *3 years* - While some offenses in the IPC carried a punishment of 3 years, **death by negligence** under Section 304A did not fall into this category (as per 2015 law). - More severe forms of culpable homicide not amounting to murder would attract higher penalties, but not simple negligence. *1 year* - A punishment of **one year** was too lenient for causing death by negligence, as the potential harm is significant. - The law recognized the gravity of causing death, even if unintentional, by imposing a more substantial penalty. *4 years* - A punishment of **four years** would have extended beyond the maximum prescribed limit for causing death by negligence under **Section 304A IPC** (as per 2015 law). - Such a sentence would typically be reserved for more serious offenses with a higher degree of intent or culpability.

Q: Police inquest is most straightforward in:

Suicidal death. ***Suicidal death*** - Suicidal deaths with clear evidence (suicide note, history of depression, consistent physical findings) are typically the **most straightforward** for police inquest among unnatural deaths. - The investigation primarily focuses on **confirming self-infliction** and ruling out foul play, which is relatively simple when circumstances are clear and consistent. - Unlike homicide, there is **no perpetrator to identify**, and unlike dowry death, there are no complex familial or legal entanglements to investigate. - The inquest becomes straightforward when evidence is consistent: method matches injuries, suicide note is present, and witness statements corroborate suicidal intent. *Death by animals* - Death by animal attacks involves **complex liability investigations** including determining provocation, owner negligence, and whether proper safety measures were in place. - Requires investigation into whether the animal was **improperly restrained**, whether the victim provoked the attack, and potential criminal/civil liability of the owner. - Scene reconstruction and expert veterinary input may be needed, making it more complex than straightforward suicide cases. *Homicidal death* - Homicidal deaths involve **intentional killing by another person**, requiring extensive investigation into motive, suspects, weapon identification, and evidence collection. - These are the **most complex inquests**, involving forensic analysis, witness interviews, crime scene reconstruction, and protracted legal proceedings. *Dowry death* - Dowry deaths under Section 304B IPC are **highly complex**, involving investigation of harassment, dowry demands, and family dynamics over an extended period. - Requires proving that death occurred within **7 years of marriage** and was connected to dowry demands, often involving multiple suspects and sensitive family investigations.

Q: Cognizable offence comes under which section of CrPC? (NEET 13)

2 (c). ***Option 2 (c)*** - Section **2(c)** of the Criminal Procedure Code (CrPC) defines a **cognizable offense**. - A cognizable offense is one in which a police officer may **arrest without a warrant** and commence investigation without the permission of a magistrate. *Option 1 (a)* - This section reference is incorrect as there is no relevant definition under **Section 1(a)** that pertains to cognizable offenses. - Section 1 of CrPC deals with the **short title, extent, and commencement** of the code, not definitions. *Option 2 (b)* - Section **2(b)** of the CrPC defines "**charge**." - A charge includes any **head of a charge** when the charge contains more than one head. *Option 2 (1)* - This section reference is not a standard way of citing definitions within the CrPC (should be lowercase alphabet). - Even if interpreted as **Section 2(l)**, it defines **"non-cognizable offense"**, which is the opposite of what the question asks.

Q: In the context of forensic medicine and medical jurisprudence, as per Section 304B of the Indian Penal Code (Dowry Death), the penalty awarded in case of death is imprisonment for:

7 years to life imprisonment. ***7 years to life imprisonment*** - **Section 304B of the Indian Penal Code** (introduced by the Dowry Prohibition Amendment Act, 1986) prescribes the punishment for dowry death - The penalty is imprisonment for a term which shall **not be less than seven years** but which **may extend to imprisonment for life** - This stringent punishment reflects the seriousness with which dowry-related deaths are treated under Indian law - Dowry death is defined as death of a woman within 7 years of marriage under abnormal circumstances where she was subjected to cruelty or harassment for dowry demands *10 years to life imprisonment* - This range is not the stipulated penalty under **Section 304B IPC** - The statutory **minimum** for dowry death is **7 years**, not 10 years - While the maximum can extend to life imprisonment, the minimum threshold is incorrect in this option *5 to 10 years* - This range is insufficient for the offense of **dowry death** - Section 304B IPC mandates a **minimum of 7 years** imprisonment, making this option legally incorrect - The maximum penalty can extend to **life imprisonment**, not just 10 years *7 to 10 years* - While **7 years** correctly represents the minimum sentence, the maximum is understated - The law permits punishment extending to **life imprisonment**, not merely 10 years - This option fails to capture the full sentencing range prescribed under Section 304B IPC

Q: In criminal cases, conduct money is paid by:

No conduct money is given. ***No conduct money is given*** - In most criminal law systems, **witnesses compelled to testify** by the prosecution are generally not entitled to conduct money. - The state bears the cost of investigation and prosecution, and witnesses are expected to cooperate in the interest of justice. - This is in contrast to civil cases where the party calling the witness typically pays conduct money for their attendance. *Court* - The court itself does not typically pay conduct money to witnesses in criminal cases. - While it oversees the legal process, the financial aspects of witness appearance are usually handled by the parties involved or the state. *Judge* - A **judge** does not personally disburse funds for conduct money. - The judge's role is to preside over the trial and ensure due process, not to manage financial transactions related to witnesses. *Opposing party* - The opposing party (typically the defense) also does not pay conduct money to witnesses testifying for the prosecution in a criminal case. - If the defense calls its own witnesses, their appearance costs would be a matter for the defense, but this differs significantly from the concept of conduct money in civil cases.

Q: When a doctor issues a false medical certificate, then he is liable under:

Sec. 197 IPC. ***Sec. 197 IPC*** - This section of the Indian Penal Code specifically deals with issuing or signing a false certificate by a person who is by law bound or authorized to issue such a certificate. - A medical doctor is legally authorized to issue medical certificates, and if they issue a false one, they are liable under this section. *Sec. 420 IPC* - This section pertains to **cheating and dishonestly inducing delivery of property**, which is not the direct offense committed by issuing a false medical certificate. - While a false certificate could potentially lead to cheating, the primary and specific offense related to the certificate itself is covered by other sections. *Sec. 466 IPC* - This section deals with **forgery of a record of a court of justice or of a public register**, etc. - Issuing a false medical certificate does not fall under the category of forging court records or public registers. *Sec. 193 IPC* - This section addresses **punishment for false evidence** given in a judicial proceeding or fabricating false evidence for use in such a proceeding. - While a false medical certificate might be used as false evidence, Section 197 IPC directly addresses the act of *issuing the false certificate* itself, rather than its subsequent use in court.

Question 1

Cross examination of the prosecution witness is done by :

Accepted Answer

Defence counsel

Answer

Public prosecutor

Answer

Judge

Answer

None of the options

Question 2

Punishment for murder by a life convict is currently under

Accepted Answer

302 IPC

Answer

303 IPC

Answer

299 IPC

Answer

304 IPC

Question 3

A witness, who after taking oath, willfully makes a statement which he knows or believes to be false is guilty of offence under section:

Accepted Answer

193 IPC

Answer

192 IPC

Answer

191 IPC

Answer

190 IPC

Question 4

Sec. 176 CrPC is related to?

Accepted Answer

Magistrate inquest

Answer

Summons

Answer

Coroner inquest

Answer

Police inquest

Question 5

What is the maximum punishment under Section 304-A IPC for causing death by negligence?

Accepted Answer

2 years

Answer

3 years

Answer

1 year

Answer

4 years

Question 6

Police inquest is most straightforward in:

Accepted Answer

Suicidal death

Answer

Death by animals

Answer

Homicidal death

Answer

Dowry death

Question 7

Cognizable offence comes under which section of CrPC? (NEET 13)

Accepted Answer

2 (c)

Answer

1 (a)

Answer

2 (b)

Answer

2 (1)

Question 8

In the context of forensic medicine and medical jurisprudence, as per Section 304B of the Indian Penal Code (Dowry Death), the penalty awarded in case of death is imprisonment for:

Accepted Answer

7 years to life imprisonment

Answer

10 years to life imprisonment

Answer

5 to 10 years

Answer

7 to 10 years

Question 9

In criminal cases, conduct money is paid by:

Accepted Answer

No conduct money is given

Answer

Court

Answer

Judge

Answer

Opposing party

Question 10

When a doctor issues a false medical certificate, then he is liable under:

Accepted Answer

Sec. 197 IPC

Answer

Sec. 420 IPC

Answer

Sec. 466 IPC

Answer

Sec. 193 IPC

Medical Jurisprudence — MCQs

Medical Jurisprudence — MCQs

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