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Full text of "Medical Jurisprudence And Toxicology"

g                                                  MEDICAL JTJRISPRUDENCE

Court in the North-West Frontier Province. These courts may try any
offence and pass any sentence authorized by law. But since the advent of
independence on the 15th August 1947, British India has been divided into
two separate sovereign states of Indian Dominion and Pakistan, and a High
Court has been established in each of the provinces of these States, where
there was none. The High Court of Allahabad and the Chief Court of
Lucknow of the United Provinces have been amalgamated into the combined
High Court located in Allahabad, but a judicial bench has been holding its
separate sittings in Lucknow.

In these courts cases are tried before a Judge and a common jury of
nine persons. A common jury is composed of persons whose names appear
in lie general list of those liable to serve as jurors. Medical men are as a
rule, exempted from serving on a jury (vide Appendix III, Cr. P.C., section
320). A special jury is composed of persons taken from a special list of
jurors prescribed by the High Court. A special jury is empannelled in trials
pertaining to offences punishable with death in any other cases directed by
a Judge of the High Court. The verdict of the jury is to be delivered
through their foreman to be chosen by the jurors themselves, in the first
instance. The unanimous verdict of the jury is to prevail in the High Court,
but if the jury are not unanimous and the Judge disagrees with the verdict
of the majority, he may discharge the jury and order a new trial. The
accused person has the right to challenge the jurors individually as they
are called.

The Courts of Session are invested with jurisdiction over all kinds of
offences. But they can only try cases which have been committed to
them by a Magistrate. They may pass any sentence authorized by law, but
a sentence of death passed by a Court of Session must be confirmed by the
High Court before it can be carried out. An Assistant Sessions Judge may
pass any sentence authorized by law, except a sentence of death or of trans-
portation or imprisonment for a term exceeding seven years, The trials
before these courts are ordinarily conducted by the presiding Judge with
the assistance of three or four assessors, but the Local Government may,
with the previous sanction of the Governor-General-in-Council, by order in
the Official Gazette, direct the trial of all offences or of any particular class
of offences before any Court of Session in any district to be by jury (vide
Appendix III, Cr. Proc. Code, sec. 269). In trials by jury before the Court
of Session the jury shall be composed of not less than five or more than
nine men. In cases where an accused person is charged with an offence that
is punishable with death, the number of the jury shall, as far as possible, be at
the full strength and in no case less than seven.

The Sessions Judge is not bound to accept the opinion of the assessors.
If he happens to differ from their opinion, he can pass a sentence without
referring the fact to the High Court to which he is subordinate, but if he
disagrees with the verdict of the jury, whether it be in favour of the prisoner
or against him, he can only submit the record to the High Court which may,
on submission being made, pass any order which it deems proper to pass.

The racial discrimination prescribed for the procedure at the trial of a
European or an Indian British subject in the Code of Criminal Procedure by
Act XII of 1923 is abolished by the Criminal Law (Removal of Racial Discri-
minations) Act, 1949.

The sentences authorized by law areó
(i) death,
(ii) transportation,

fiii) imprisonment (including solitary confinement),
(iv) fine, and
(v) whipping.