Medico-legal Problems: Reply

Dear Editor

• 1.At the outset I should thank the readers for their meticulous observations. This also indicates the interest the article has generated.
• 2.
  As regards the Cr PC & IPC sections

  • (a)
    Section 539 Cr PC : Inadvertently the number has got printed as 539, it should have been section 39 Cr PC. Under this section “Every person aware of the commission of, or of the intention of any other person to commit, any offence punishable under” various sections of IPC shall in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such commission or intention. Naturally the section is applicable to medical officers too.
  • (b)
    Section 175 of Cr Pc: Deals with power of investigating officer to summon people. Reproduced from Cr PC it reads “A police officer proceeding under Sec 174 may, by order in writing, summon two or more persons as aforesaid for purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.”
  • (c)
    Section 202 IPC : Reproduced, it reads “Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.” Naturally applicable to medical witness as well.
• 3.The authors fully agree that policy letter on this matter by PCDA Allahabad, would have been the ideal authority to quote. Office of PCDA has been approached for the same. The same will be published in MJAFI as and when received.
• 4.Appx ‘B’ – Dead Body Challan & Appx ‘C’ – Medico Legal Case Protocol have been provided at the end of the article. The headings ‘Appx B & Appx C’ are only missing.