Forensic Law

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LUCKNOW UNIVERSITY

FACULTY OF LAW

SESSION: 2019-2020

Assignment on Post-mortem: External and Internal Examination


Subject – Forensic Law

Submitted By – UTKARSH MISHRA


LL.B (hons.) Sem. 6
Roll no. 47

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TABLE OF CONTENT S

1. Introduction…………………………………………………………………3

2. Meaning……………………………………………………………………..4

3. Objectives……………………………………………………………...……4

4. Types of Post-mortem………………………………………………………5

5. Rules of Post-mortem………………………………………………………6

6. External Post-mortem……………………………………………………….7

7. Internal Post-mortem…………………………………………………..……7

8. Conclusion…………………………………………………………..………9

9. Bibliography………………………………………………………...………10

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INTRODUCTION

The early Egyptians did not study the dead human body for an explanation of
disease and death, though some organs were removed for preservation. The
Greeks and the Indians cremated their dead without examination; the Romans,
Chinese, and Muslims all had taboos about opening the body; and human
dissections were not permitted during the Middle Ages.

The first real dissections for the study of disease were carried out about
300 BCE by the Alexandrian physicians Herophilus and Erasistratus, but it was
the Greek physician Galen of Pergamum in the late 2nd century CE who was
the first to correlate the patient’s symptoms (complaints) and signs (what can be
seen and felt) with what was found upon examining the “affected part of the
deceased.” This was a significant advance that eventually led to the autopsy and
broke an ancient barrier to progress in medicine.

Galen (131-200 A.D.), a disciple of Hippocrates practicing in ancient Greece,


performed surgical dismantling (dissection) of animals and humans. He
determined that Hippocrates' theory that disease was due to four circulating
humours (phlegm, blood, yellow bile, and black bile) was correct. Galen was a
highly respected, powerful, and dogmatic individual who dominated the
medical thinking of his time and for hundreds of years to follow. It is said that
the four humour doctrine paralyzed medical science for about 1400 years.

The autopsy came of age with Giovanni Morgagni, the father of


modern pathology, who in 1761 described what could be seen in the body with
the naked eye. In his voluminous work On the Seats and Causes of Diseases as
Investigated by Anatomy, he compared the symptoms and observations in some
700 patients with the anatomical findings upon examining their bodies. Thus, in
Morgagni’s work the study of the patient replaced the study of books and
comparison of commentaries.

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The modern autopsy has been expanded to include the application of all
knowledge and all of the instruments of the specialized modern basic sciences.
The examination has been extended to structures too small to be seen except
with the electron microscope, and to molecular biology to include all that can be
seen as well as what still remains unseen.

DEFINITION

The dictionary meaning of the term, 'Post-Mortem' is 'Examination made after


death, especially to determine its cause. It is also known as Autopsy
or necropsy.

The word autopsy is derived from the Greek word autopsia: "to see with one's
own eyes." An autopsy can include a physical examination, examination of
internal organs, and specialized laboratory studies. Autopsies may be used to
help determine the cause and manner of death. So, 'Post Mortem' implies-

(a) Occurrence of a-death,


(b) After death an examination is undertaken,
(c) The purpose of the examination is to ascertain precisely the causes
responsible for the death.

In the case of unnatural death of a human being, the cause of such an unnatural
death is ascertained through post mortem and enquiry is done to find out the
guilty responsible, if any, for such death. After finding the accused, prosecution
is started.

Autopsies are performed by pathologists, medical doctors who have received


specialty training in the diagnosis of diseases by the examination of body fluids
and tissues. In academic institutions, autopsies sometimes are also requested for
teaching and research purposes. Forensic autopsies have legal implications and

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are performed to determine if death was an accident, homicide, suicide, or a
natural event.

In general we can say, ‘it is a special type scientific examination of a dead body
carried out under the laws of state mainly for protection of its citizens and to
assist the identification and prosecution of guilty in cases of unnatural death.

OBJECTIVES

Followings are the Objectives in performing a Post-mortem –

 To determine the Identity of a person.


 To determine the cause of death, whether it is natural or unnatural. If it is
unnatural then whether it is a case of suicide or accident.
 The manner in which the death was caused or the mode of death. The
mode of death is also termed primary mode of death or proximate cause
of death.
 To identify the weapon, person or poison responsible for death.
 To estimate the appropriate time since death.
 To determine question of live birth and viability of child.
 In case of mutilated, fragmented or skeleton remains then again Post-
mortem is helpful to determine if they are of human and if human then
the cause of death is.

TYPES OF POST-MORTEM

Post-mortem is of two types –

(a) Clinical or Academic Post-mortem

(b) Medico legal or Forensic post-mortem

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We will understand it one by one -

(a) Clinical or Academic Post-mortem

 It is performed to know the extent of the illness for which the deceased
was being treated,
 It must be done a qualified medical practitioner.
 Here, the taking of consent from the families or the relatives of the
deceased is necessary,
 It is not necessary to take requisition from the legal authority,
 Under this type, the post-mortem may be limited to the area of disease
only.

(b) Medico legal or Forensic post-mortem

 It is usually done during a criminal investigation.


 It is performed on th request of a legal authority responsible for the
investigation of sudden, suspicious, unnatural or criminal death. The legal
authority is usually a Police officer not below the rank of sub-inspector or
an Executive Magistrate or District Magistrate.
 Here, the post-mortem is performed to know the cause of death other than
the extent of illness,
 Consent of the families or relatives is not necessary under Medico legal
post-mortem,
 But the requisition from the legal authority is necessary,
 The post-mortem is not limited to a particular area, all the three cranial,
thoracic and abdominal cavities are opened and explored.

RULES OF POST-MORTEM

 A Medco-legal post-mortem examination should never be taken unless


there is written order from a Magistrate before commencing the
Examination, the Medical officer should carefully read the police report
on the appearance and situation of the body when it was first discovered
and cause of death as ascertained. This precaution is necessary.

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 It should be complete and not partial. The three Cavities and the organs
contained in them should be carefuly examined.
 Ordinarily, a dead body is send to the Morgue, but in exceptional cases,
the Medical officer may be taken to visit the scene of death, where a dead
body may be lying. In that case he should note the place and nature of the
soil where the dead body was found, the position, especially as regards
the hands, feet and state of the clothes, if any, sometimes the medical
officer may himself visit the scene of crime
 According to the locard’s principle “whenever two persons or objects
come in contact with each other, they leave evidence of transference of
material from each other in the form of fingerprints, fibre, dust, hair and
provide valuable evidence for scientific investigation at the scene of
crime. Hence, an accurate sketch of crime scene i.e site plane
photographes and collection of other evidence material be also done.
 It is better to protect different parts of body in plastic bags or to prevent
loss of contact while the body is being removed to mortuary
 The medical officer must establish the identity of the deceased, and he
must record the means of identification, positive identification is
absolutely necessary. The body should be identified by atleast by one
relative or accompany.
 All the post-mortem details should be filled in the prescribed form which
can be used as evidence legal proceedings, buy the medical officer. He
should not mind the report getting soiled, as this enhanced its value in as
much as it goes to prove that it was written at the time when the facts
were still fresh in the mind.
 There should not be any discrepancy in notes and the report to be sent to
the court and it is to be very carefully kept. Nothing should be erased,
altered or over written or added later on.
 As far as possible the post-mortem examination should be performed in
the day light and not in the artificial light.
 Opinion expressed on the death certificate cannot be changed later on.
 A videography of the post-mortem should also be done and video cassette
must be sent to the investigating officer in a medico legal sealed
envelope.

EXTERNAL EXAMINATION

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External examination includes the following observations-

 A brief general description of the body should be given as regarded sex,


age hair, colour, scars etc for the purpose of identification. The general
condition of body whether stout and emaciated, or decomposed should be
mentioned.
 The points relating to the probable cause of death must include
everything that is indications of the mode of death. In Forensic, the most
common causes of unnatural death are violence and poisoning.
 Clothing should be described as regarded as its nature and condition, loss
of button etc.
 Cuts, holes, burns etc should be described. The odour should be noted.
 The condition of natural orifices (an aperture or holes that opens into a
bodily cavity) (opening) viz nose, mouth, ears, vagina and anus should be
observed and any change from the normal be noted.
 Whole surface of the body should be carefully examined before and after
washing from head to toe and back and front and the details should be
noted.
 Certain parts of the body should receive special attention. In case of cord
or ligature is found round the neck, the method of tying should be
photographed and described before removal. The knot should be
preserved by cutting the body of loop etc.
 A certain minute number of photographs with a scale in position is
essential. Atleast, one photograph should be taken of the scene for a
permanent record and another to identify the body. Further photographs
are necessary to document stains and injuries.
 The data to estimate the approximate time since death from external exam
includes –
 Rectal or nasal and environmental temperature.
 Presence and extent or absence of rigor mortis.
 Incidents extent, colour and degree of fixation of post-mortem
lividity (a state of fury so great the face becomes discolored)
 Presence, character and extent of putrefaction.

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INTERNAL EXAMINATION

Internal examination includes the following observations-

 The internal examination starts with a large, deep, Y-shaped incision that
is made from shoulder to shoulder meeting at the breast bone and
extending all the way down to the pubic bone. When a woman is being
examined, the Y-incision is curved around the bottom of the breasts
before meeting at the breast bone.
 The next step is to peel back the skin, muscle and soft tissue using a
scalpel. Once this is done, the chest flap is pulled up over the face,
exposing the ribcage and neck muscles. Two cuts are made on each side
of the ribcage, and then the ribcage is pulled from the skeleton after
dissecting the tissue behind it with a scalpel.
 With the organs exposed, a series of cuts are made that detach
the larynx, esophagus, various arteries and ligaments. Next, the
medical examiner severs the organs' attachment to the spinal cord as well
as the attachment to the bladder and rectum. Once this is done, the
entire organ set can be pulled out in one piece and dissected for further
investigation.
 During this dissection, the various organs are examined and weighed and
tissue samples are taken. These samples take the form of "slices" that can
be easily viewed under a microscope. Major blood vessels are also
bisected and examined.
 The examiner will then remove the body block from the back and put it
behind the neck like a pillow, raising the head of the body so that it's
easier to remove the brain.
 The examiner makes a cut with a scalpel from behind one ear, across the
forehead, to the other ear and around. The cut is divided, and the scalp is
pulled away from the skull in two flaps. The front flap goes over the
body's face and the rear flap over the back of the neck.
 The skull is cut with an electric saw to create a "cap" that can be pried
off, exposing the brain. When the cap is pulled off, the dura (the soft
tissue membrane that covers the brain) remains attached to the bottom of
the skull cap. The brain is now exposed. The brain's connection to the
spinal cord and tentorium (a membrane that connects and covers the

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cerebellum and occipital lobes of the cerebrum) are severed, and the brain
is easily lifted out of the skull for examination.
 Throughout this whole process, the medical examiner is looking for
evidence of trauma or other indications of the cause of death. The process
varies based on the nature of the case and is incredibly detailed — the
forensic pathologist has to adhere to an intricate, in-depth process to
ensure the proper collection and documentation of evidence.
 After the examination, the body has an open and empty chest cavity with
butterflied chest flaps, the top of the skull is missing, and the skull flaps
are pulled over the face and neck. To prepare the body for the funeral
home:
 The organs are either put back into the body or incinerated.
 The chest flaps are closed and sewn back together.
 The skull cap is put back in place and held there by closing and
sewing the scalp.

CONCLUSION

Through this assignment we come to know that a Post-mortem is not only


important in case to find the extent of illness in a dead body but it also plays a
very much important role in case of Criminal investigation. Post-mortem is that
piece of an investigation without which a puzzle of Criminal investigation could
not be solved.

The assignment of cause of death, carried out with scientific methods by doctors
who are open corpse are able to describe all wounds and other injuries caused
by any means or substance that is used in connection with the case which has
caused death person. The findings in Post-mortem are of particular importance,
because it orients the court and the prosecution in the right direction and also
helps in determining the overall investigation.

As the time passes the method of Post-mortem is developing and after some
years there will be some new methods which will be added in this procedure.
And again Forensic science will prove that it has a great connection in solving
of Criminal case.

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BIBLIOGRAPHY

BOOKS -

1. MODI: Medical jurisprudence and Toxicology, 24th Edition

WEBSITES –

1. Shodhganga.com
2. E books.com
3. NDL India
4. Wikipedia

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