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Coroner

The first mention of the Coroner is found dating from the reign of Alfred the Great: between AD 871 and 910.
But coroner with their modern function with The Title "custos placitorum coronas" meaning the guardian of the pleas (Plaints) of the crown is as old as Sept. 1194 during the reign of Richard the Lionheart by his faithful minister, Hubert Walter.
In India was in practice in Presidency towns like Bombay & Calcutta under Coroner’s Act 1871- Indicates a legacy of British rule, whether it be Kenya, Hong Kong, Australia or parts of the United States or near home in Sri Lanka
"the Crowner“

Called for hundreds of years in England

The keeping of the pleas of the Crown was the source of the title, the original Latin was " custos placitorum coronas" from which the word "coroner" is derived. He was referred to for hundreds of years as "the Crowner" - as in Shakespeare's Hamlet, where derisively it is said "But is this law? Ay, marry, is't crowner's quest law!" The first mention of the Coroner is actually pre-Norman(Normans were settler of Normandy who conquered England in 1066 and had grown in strong military force), probably dating from the reign of Alfred the Great: certainly sometime between AD 871 and 910. But coroner with their modern function with The Title "custos placitorum coronas" meaning the guardian of the pleas(Plaints) of the crown is as old as Sept. 1194 during the reign of Richard the Lionheart by his faithful minister, Hubert Walter. The kingdom was ruled in the absence of Richard by Hubert Walter, later elevated to Chief Justiciar and Archbishop of Canterbury. He was a sort of every-minister rolled into one. The revival of the office of Coroner. it is hard to assess how much this was an urgent administrative problem and a reform due to the Sheriffs' stranglehold on the peasantry, and how much was just sheer fiscal opportunism for the Royal purse; but maybe the Justiciar Walter killed two birds with one stone. The word "sheriff" is derived from "shire-reeve," the King's law officer responsible for each shire or county. Counties were sub-divided into "Hundreds", or "Cantrefs" in Wales in later days. These were administered by the Sergeants and Bailiffs, similar officers controlling the borough towns. The Sheriff sat on the top of this pile and had an evil reputation for extortion and embezzlement. Archbishop Walter was well aware of this and resolved to set up a new network of law officers who would be independent of the Sheriffs and who could act as a check upon their rapacity. Coroners originally had to be Knights and men of substance Their appointment depended on a certain property level and they had to possess an income of at least £20 a year, which was a large sum in those days Coroners were unpaid and it was a serious offence for any of them to receive a reward for their duties Coroners were elected to office but the voters were a select few: the Freemen of the county, meeting for the purpose in the County Court. In the boroughs, they were appointed by the Burgesses and in the franchise coronerships, naturally the Lord held them in his gift. Much of the present-day English legal structure was born in the last decade of the 12th century. For it was Hubert Walter who also established the Justices of the Peace, in 1195 who in later centuries led to the decline of the office of coroner . England exported her Coroner system all over the World: to almost everywhere coloured red in the Victorian atlas. Where Coroners still survive, they indicate a legacy of British rule, whether it be Kenya, Hong Kong, Australia or parts of the United States.

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Coroner’s Inquest

In UK an official of the Crown usually a lawyer
It is not a judicial procedure but a fact finding body as to the cause of unnatural death
In cases-

If a dead body is found within the jurisdiction and there is ground to suspect a sudden death of which cause is unknown
If there is reason for suspicion that

Death was caused by homicide, suicide, or Infanticide
Death by violent and unnatural means
Death caused by an occurrence arising out of use of vehicle in the street, public road, or private place (Bath chairs, bicycles, train)

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Coroner’s Inquest (Cont.)

Cases where cause of death is certified as post operative shock or haemorrhage
Death occurs in cercumstances, the continuance or possible recurrence of which is prejudicial to the health, or safety of the public(death during anaesthesia, death due to rare diseases)

Death occurring in jail or in any place of detention within the jurisdiction of his court
Coroner can order

Post-Mortem Examination or Exhumation
Records Evidence under oath

Of autopsy surgeon
Other witnesses
Evidence on behalf of the accused who need not be present

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Coroner’s Inquest (Cont.)

Coroner finds a verdict with the help of jury as to the cause of death
He may issue warrant of arrest and send the case to the magistrate empowered to commit him for trial
In case of foul play where accused is not identified then an open verdict is given against unknown men and trial is kept in abeyance till accused arrested

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Police Inquest

Police Inquest is carried out all over India in cases of death due to-

Suicide, or killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence

By Officer in charge of the Police Station or an officer acting in his behalf
Visits the scene & investigates about the cause
And Prepares Inquest Report in prescribed Proforma

Sec 174(1) : Cr.P.C. When the officer-in-charge of a police station or some other police officer specially empowered by the state government in that behalf receives information that a person has committed suicide, or

Has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and unless other wise directed by any rule prescribed by the State Government , or by any general or special order of the District or Sub-Divisional Magistrate, shall proceed to the place where the body of such deceased person is and there in the presence of two or more respectable inhabitants of the neighbourhood shall make an investigation and draw up a report of the apparent cause of death describing such wounds, fractures , bruises and other marks of injury as may be found on the body, and stating in what manner , or by what weapon or instrument ( if any ) such marks appear to have been inflicted.

Sec 174(2) : The report shall be signed by such police officer and other persons ,or by so many of them as concur therein , and shall be forth worth forwarded to the District Magistrate or the Sub-Divisional Magistrate.

he shall, subject to such rules as the State Government may prescribe in this behalf forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the state government, if the state of the weather and the distance admit of its being so forward without risk of such putrefaction on the road as would render such examination useless.

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Magistrate’s Inquest

In cases where death takes place in police custody.
Death in Jail
Police Firing
Death in police encounter
Dowry Death
Any other type of death where in public interest Govt./ District Magistrate orders

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Medical Examiner’s System

Not followed in Nepal or India
In practice at some places abroad (Some of states of USA) where a medically qualified person examines every dead body to exclude cases of foul play
This system is considered most scientific as the body is examined by a Forensic Pathologists.

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Inquest Report

Name, age, sex, parentage, & address
Ht, Wt, Condition of Body,
Any apparent Injury-wounds, fractures, bruises etc.
In what manner caused? By what weapon?
Opinion regarding cause of death of people present,
Opinion about cause of death by police officer/ Magistrate
Signature of respectable persons of locality
Body sent for autopsy to the Civil Surgeon or officer authorised in his behalf along with Inquest Report and a copy of Challan and accompanied with constables

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Difficulties in Arriving at Correct Conclusion in Autopsy By M.Os.

Hot & Humid weather
Concealing the cadaver by burning,burying, throwing in river or jungle
Damage by animals, Fishes & Birds etc.
Untrained Police officer was scared of dead body & did not examine properly; Crime scene Inv.-Poor
Delay Causes putrefaction and loss of findings

Delay in informing the police station
Police officer delays his visit
Constables not available to take the body to morgue
Morgue is at distant place
Delay in autopsy at morgue
Doctors untrained in autopsy work

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LEGISLATURE EXECUTIVE JUDICIARY

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Criminal Courts & Their Powers

Supreme Court- one in New Delhi for the whole country
High Court- In every state , mostly in capital Exception being Uttarakhand
Court of District & Session judge- every District

Assistant session judge- Imprisonment not exceeding 10 years

Court of Chief Judicial/Metropolitan Magistrate in every Subdivision

Imprisonment not exceeding 7 yrs
Appeal against conviction by the magistrate II Class

Juvenile Court- For young Offenders

Chapter III Powers of Courts 26.Courts by which offences are triable- Subject to other provisions of the code

26(a) Any offence under Indian Penal Code may be tried by I The high court or II the court of sessions or III any other court by which such offence is shown in the first schedule to be triable 26(b)Any offence under any other law shall when any court is mentioned in this behalf in such law be tried by such court and when no court is so mentioned may be tried by (1) High court (ii) Any other court by which such offence is shown in the 1^st schedule to be triable

Any offence not punishable with death or imprisonment for life,committed by any person who at the date when he appears or brought before the court is under the age of 16 years may be tried by the court of Chief Judicial magistrate or by any court especially empowered Under Children Act 1960-or any other law for the time being in force providing for the treatment,training, and rehabilitation of youthful offenders(less than 16 yrs when brought before the court) The Juvenile Justice(Care & Protection) Act of 2000 has defined juvenile as one who has not completed 18^th year of age. He is produced before a juvenile justice board consisting of a 1^st class judicial magistrate and two social workers one of whom is a lady

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Criminal Courts & Their Powers

Court of Session Judge

All sentences provided under criminal laws they can also award unlimited amount of fine
Death sentence if awarded is executed after confirmation by High Court

Judicial Magistrate first class / metropolitan area- metropolitan magistrate

Up to 3 years imprisonment + 5000/- Rs. fine

Judicial Magistrate- II Class

Up to 1 year imprisonment + 1000/Rs fine

Executive Magistrates

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Terms Used in Criminal Laws

Metropolitan City- A city having population of more than 1 million if declared by the Govt. as metropolitan city.

Here for District Magistrate there will be commissioner of police
And Chief Metropolitan Magistrate for Chief Judicial Magistrate

Offence- Any Act or Omission made punishable by any law for the time being in force.
Cognisable offence- An offence in which police is authorised to arrest without a warrant of arrest issued by a magistrate

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Terms Used in Criminal Laws

Warrant cases- A case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.
Summons cases- Means a case relating to an offence and not being a warrant case.
Conduct money- Is a fee offered to cover travelling expenses in civil cases with summon. In absence of conduct money summon may be ignored in civil cases.

No conduct money paid in criminal cases with summon

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Summons (Subpoena)

Sub(under) poena(penalty)
A writ commanding a person designated in it to attend court under a penalty for failure
It compels the attendance at a specific place, and time and for a specified purpose

Non-compliance- Civil Case- Action for damage
Without reasonable excuse-criminal case-warrant of arrest/ Fine/imprisonment

If summon from two courts for the same day:-

Civil- Civil or Criminal-Criminal- Attend higher
Civil – Criminal - Attend Criminal first
If both courts of same status- Attend one from which summon was first received

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Medical Evidence

Documentary Evidence

Medical Certificate

Certificate of illness, fitness, death & Birth certificate etc

Medico-legal Reports-

Exam. For insanity, drunkenness, determination of age & sex, Injury Report, Exam. Of victim/ accused of sexual assault, abortion, infanticide, Autopsy Report, etc.

Dying Declaration/ Dying Deposition

Oral Evidence
Exemption from Oral Evidence

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Documentary Medical Evidence

Medical Certificate

Simplest form of documentary medical evidence
Given in illness, fitness, death & mental ill health
Doctors should issue certificate after proper examination of the person
For death certificate no fee can be charged
All certificate must have signature/ thumb impression of the person along with name, parentage and address and proper identification
A register for the certificates to be maintained by the medical officer on which signature/ thumb impression of the patient to be taken.

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Documentary Medical Evidence

Medico-legal Reports

Issued only on request from police or courts
Injury Report, Post-Mortem Report, Sexual assault accused/victim examination report/ Drunkenness Report, Insanity Report
Should be based on facts observed by doctor himself
Opinion should also be his own
Protocol as for certificate

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Dying Declaration

A statement verbal or written made by a person since deceased, relating to the cause of his impending death, or any of the circumstances of transaction related to it.
A dying declaration is a statement made by a declarant, who is unavailable to testify in court (because of the declarant's death), who made the statement under a belief of certain impending death.
In the law of evidence, a dying declaration is testimony that would normally be barred as hearsay but may in common law nonetheless be admitted as evidence in criminal law trials because it constituted the last words of a dying person.

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Dying Declaration

In case a person brought to the hospital due to criminal causes is likely to die his dying declaration should be recorded by a magistrate
The duty of the doctor is to requisition the magistrate and certify regarding the soundness of victim’s mind

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Dying Declaration(Cont.)

In case a magistrate is not available then MO can also record
Dying declaration should be in the language of the person and exactly as narrated by him. No leading questions should be asked.
In medico legal cases the BHT should be properly prepared and the history of present illness should mention in detail the circumstances and facts of criminal occurrence.
Supreme Court has allowed doctor’s medical record in lieu of dying declaration
Dying Deposition

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Oral Evidence

Oath
Examination in chief
Cross Examination
Re-examination
Questions by Judge or Jury
Volunteering of Statement

Tips for Testifying in Court�Expert witnesses must convince the judge or jury that their testimony is sound and truthful. They must be highly knowledgeable, organized, alert, unflappable and ethical:

Knowledgeable — Show that you are up to date, have command of the subject matter in your field, and are knowledgeable about the Federal Rules of Evidence and any state or jurisdictional laws relevant to the case. Know how to use such things as demonstrative evidence (an item not from the crime scene that is used to illustrate a point).

Organized — Be able to easily reference and locate key pieces of evidence. Reports should always be updated to include results of retesting, further testing of previous evidence or testing of new evidence.

Alert — Answer questions promptly and intelligently. How you respond could affect your credibility. Recognize the unauthorized appearance of evidence denied through motion in limine (a pretrial motion that bans evidence from trial for various prejudicial, irrelevancy or constitutional reasons).

Unflappable — Do not appear combative or annoyed during questioning, especially during cross-examination (questioning by the opposing attorney).

Ethical — Know the ethical standards of conduct. Do not be persuaded into presenting false testimony. Display objectivity, not advocacy.

Testifying as an expert witness can be daunting,

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Kinds of Witnesses

Common witness

One has directly seen the incident or personally heard
No Hear-Say evidence is accepted

Expert Witness

A person with special knowledge capable of deducing opinion from the facts observed by himself or noticed by others.
The court accepts as an expert
Section 45 of I.Ev.A.

Hostile Witness

When the witness bears hostile animus to the party calling and is unwilling to give evidence fairly

Perjury- Taking of Oath or affirmation and then lying makes the person liable to be prosecuted U/S 193 IPC Perjury and hostile witness are not the same thing

The CrPC empowers a police officer to record the statement of a person, who is acquainted with the facts and circumstances of the case being investigated by him (Section 161). This however is not admissible in a court of law. The rationale behind this is that the police coerce witnesses into making statements, and such statements should not be adduced as evidence. Hence, the witness is required to appear before the court at the time of the trial and restate what he stated to the police at the time of investigation. At the time of the trial, the witness may change his statement or deny having made the statement. In such situations, the prosecution prays to the court that such witness be declared hostile and consequently, gets the right to cross-examine the witness. Ultimately, the creditworthiness of the witness is impeached and the prosecution loses the testimony of a witness, which may be crucial to construct its version of the story. Therefore, in most instances of hostile witnesses, the prosecution is unable to prove its case beyond reasonable doubt, as required in law. Section 162 of the Code of Criminal Procedure 1973 specifically provides that such a statement provided by the police officer when reduced to writing shall not be signed by the person making it. Nor can the statement be used to except in the manner provided under the section. Another option available to a police officer is to produce the witness before a Magistrate and make the Magistrate record the statement (Section 164). Such statement may be recorded under oath and is admissible as evidence. However this is not substantive evidence, i.e., the court cannot use such a statement as the basis of convicting a person. Such statements may be used to corroborate or contradict the witness who made it. Since the statement is recorded on oath, if the person makes a statement, which is false or which he either knows or believes to be false, he can be prosecuted for perjury under the Indian Penal Code. Currently, police officers record the statements of witnesses and usually do not get statements recorded by a Magistrate. The proposed amendment to the CrPC envisages insertion of Section 164 A, under which, a police officer investigating any offence, punishable with death penalty or imprisonment of seven years or more, is mandated to produce "all persons whose statement appears to him to be material and essential for investigation of the case, to the nearest Magistrate, for recording of their statement." We need to examine whether this is practically possible. There are approximately 173 offences under the Indian Penal Code, which carry a punishment of more than 7 years. In addition, there are various other special statutes, which have punishments for more than 7 years, for violations under such statutes. Therefore, if the proposed S. 164 A is enacted, Magistrates will be unable to perform any other function apart from recording statements.

Are there any other solutions? Under special statutes, like the erstwhile TADA and POTA, the bar on admissibility with respect to confessions made to police officers has been lifted to a certain extent, by making confessions made to an officer of the rank of S.P. or higher, admissible. Witness Protection Programs and Witness Protection Laws are the need of the hour. In fact it is the absence of these laws that has been strengthening criminals in the Indian Judicial system.

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PERJURY

Lying under Oath

Punishable U/S 193 IPC

The Indian Evidence Act, 1872 does not expressly mention the term “hostile witness”. Section 154 of the Indian Evidence Act States: The court may, in its discretion permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party.

In the Indian context, a hostile witness in popular usage is a witness who is examined in the manner specified under the above provision.

A hostile witness is one who from the manner in which he gives evidence shows that he is not desirous of telling the truth to the court [Panchanan Gogai v. Emperor AIR 1930 Cal. 276 (278).]. Within which is included the fact that he is willing to go back upon previous statements made by him [Ibid.]. A witness who is gained over by the opposite party is a hostile witness. The Supreme Court in Gura Singh’s case [Gura Singh v. State of Rajasthan AIR 2001 SC 330] has laid down that the term “hostile”, “adverse” or “unfavourable” witnesses are alien to the Indian Evidence Act. The term “hostile witness”, “unfavourable witness”, “unwilling witness” are all terms of English Law. The rule of not permitting a party calling the witness to cross-examine are relaxed under the Common Law by evolving the terms “hostile witness” and “unfavourable witness”. Under the common law a hostile witness is described as one who is not desirous of telling the truth at the instance of the party calling him and an unfavourable witness is one called by a party to prove a particular fact in issue or relevant to the issue who fails to prove such fact or proves the opposite test. In India, the right to cross-examine the witnesses by the party calling him is governed by the provisions of the Indian Evidence Act, 1872. The leave under S. 154 to ask questions which might be put in cross-examination by the adverse party is the matter left entirely to the discretion of the court. A witness’s primary allegiance is to the truth and not to the party calling him. Hence, unfavourable testimony does not declare a witness hostile. It is the injuring the interests of the party calling him by suppressing the truth or something in the deposition which conflicts with his earlier statement which affords grounds for believing that he has been won over by the defence, brands a witness “hostile”

Punishment may be up to 7 yrs with fine

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