Professional Documents
Culture Documents
Course Title: Veterinary Jurisprudence Course Code: VMS-511
Course Title: Veterinary Jurisprudence Course Code: VMS-511
Forensic Medicine: It is also called legal medicine. The name forensic comes from ‘forum’- the
Roman market place where lawyers did their business from ancient times. It is a branch of veterinary
medicine, which covers the application of the principles and knowledge of veterinary medicine for the
purpose of law. Examples: veterinary medical knowledge in deciding the cases of mischief, cruelty,
bestiality, mischievous killing etc.
1. Forensic obstetrics:
Use of corticosteroid in abortion cases
Normal and abnormal delivery
2. Forensic serology: Using serological test to detect criminal offense.
3. Forensic ballistics:
Basic knowledge of common firearms
Physical aspects of the firearms injury
Investigation of firearms ammunition and problem arising from their use
4. Forensic toxicology:
Sources, characters and properties of poison
Signs and symptoms they produce
Details about the treatment to be undertaken
Postmortem changes
Collection of samples and analysis of poison
5. Forensic pathology: Pathological techniques in determining the cause and manner of death
due to-
Violence
Suspicious case
Unexpected case
Sudden death
Medically unattended case
a) Practicing veterinarian treat patients irrespective of origin, so they get some victims of criminal
act to treat-
Poisonous case
Surgeon treat victims of criminal wound
Treating cases of criminal abortion
Practicing veterinarian will be required to appear as an expert witness in a court of law
Forensic medicine prepare veterinarian to face such situation effectively
b) Veterinarian may be asked at any time to give their expert opinion in case of unexpected death.
Forensic medicine helps to face such situation.
c) Fair knowledge must be needed to safeguard of a veterinarian from criminal cases
d) Veterinarian comes to know his own code of conduct-what to do and what not? through forensic
medicine.
Veterinary Jurisprudence:
The word Jurisprudence comes from ‘juries’-law and ‘prudentia’-knowledge. It deals with the
knowledge of law in relation to the veterinary practice. It also deals with the responsibilities of the
veterinary doctors. Examples: Doctor-patient-owner relationship, veterinary medical negligence cases,
rights and duties of veterinary doctor, infamous conduct and consent, veterinary medical ethics etc.
Write down the difference between veterinary forensic medicine and veterinary jurisprudence
Some terminology
Defendant: In both types of law (civil & criminal actions) the accused person is called defendant.
Offense: The term which implies the unlawful acts which are liable to pay, damage, to fine or
imprisonment or even sentenced to death.
Warrant: A written order from legal authority regarding arrest of the caused or for forcible
production in coast.
Summon case: It is a case relating to offense punishable with imprisonment for one year or less than
that.
Affidavit: It means written declaration under oath.
Deposition: It is a written statement on oath made by witness in a judicial proceeding and signed by
the witness and the magistrate.
Document: Any matter expressed or described upon any substance by means of letter, figures or
masks or by more than one of those means, intended to be used or which may be used as evidence for
that matter.
Evidence: All legal means, which help to prove or disprove any matter of fact the truth of which is
submitted to judicial investigation.
Testimony: It means the evidence oral or written of a witness under oath.
Complaint: An allegation made orally or in writing to the magistrate with a view to taking action
under criminal procedure code that some person known or unknown has committed the offense.
Perjury: Willful giving false evidence by a witness under oath or failure to state what he knows and
believes to be true.
Upazila magistrate
Assistant district magistrate
Metropolitan magistrate
Can deal any appear Supreme Court Can pass any verd
Power of session court: Session courts are the judicial subdivisions which may include one district
or more.
The session judge court Session court The assistant session judge court
Witness:
Witness is a person who narrates evidence in the court from the personal knowledge about the fact in
question. In other words, the person who saw, heard or knew the incident and is called upon by the
court to give evidence is known as witness.
Types of witness-
1. Common witness: The person who give evidence about the facts observed by him. Example:
In case of traffic accident the people who witness the accident becomes a common witness.
2. Expert witness: An expert witness is one who an account of his professional training and skill
is capable of giving opinion. Example: Medical man, Veterinary practioner, Firearm expert,
Finger prints experts, Hand writing expert etc.
3. Hostile witness: The person who during his deposition in the court, is assumed to have an
interest or motive for concealing the truth or part of it or for giving the false evidence. A
common or expert witness may be become hostile.
4. Other witness:
Court witness: The person who appears the court on behalf of the court is a court witness
Veterinary doctor is a court witness
Skilled or scientific witness-Photographer
Evidence: All legal means, which help to prove or disproving any matter in question is called
evidence.
1. Oral evidence
a) Direct evidence: This is an evidence of the eyewitness who has knowledge about the fact
which he has seen.
b) Indirect evidence: In case of alleged murder of A by B in certain place on a particular day and
time. B was seen by C running away with a blood stained knife. C’s evidence in the case
would be indirect or circumstantial evidence
2. Documentary evidence
Three types
Vet. Medical certificate
Health certificate
Death certificate
Age certificate
Insanity certificate
Bestiality certificate
Pregnancy certificate
Abortion certificate
Post mortem report
Age certificate
Lunacy certificate
Other documents:
Dying declaration
Deposition of witness taken in lower court
Chemical examination report
Hospital record- date of treatment given
3. Hearsay evidence: Evidence that does not proceed from the personal knowledge of the witness but
from the mere repetition of what he has heard others say.
A veterinary witness for giving evidence should observe the following hints-
Always get up the facts of the case before going to court by a reference to your original notes
and consider what possible questions you may be asked and be prepared with your answers.
Speak slowly and distinctly
Avoid technical terms as far as possible, use simple and plain language
If unable to give any answer say, I can n’t answer
Do n’t loose your temper. The lawyers have latitude (scope of freedom) in putting questions
to the witness in cross-examination and may put questions of an irritating nature
Quotations from books should be avoided. You are supposed to express an opinion from your
knowledge and experience.
Books are sometimes quoted by counsel (lawyer) and the witness is asked whether he agrees
with the quotation.
If the witness does not do so, he should before replying, ask to be allowed to read the passage
quoted himself in order to see that the context does not give a different meaning to it from
that assumed for it by the counsel.
Punishment/ Penalties:
Whoever commits mischief by killing , maiming or rendering useless of any animal or
animals of the value of ten rupees or upwards, shall be punished with imprisonment of either
description for a term which may extend to two years or with fine or both (Section 428, IPC=
Indian Panel Code)
New law: Whoever commits mischief by killing , maiming or rendering useless of any animal
shall be punished with imprisonment of either description for a term which may extend to two
years or with fine 50,000/- or both
Whoever commits mischief by killing, poisoning, maiming or rendering useless any elephant,
camel, horse, mule, buffalo, bull, cow or ox, shall be punished with imprisonment of either
description for a term which may extend to five years or with fine or with both. (Section 429,
IPC= Indian Panel Code)
2) Cruelty: This is a very common crime, probably due to sadistic nature (individuals who derive
pleasure from suffering of others) of an owner or attendant. The crime usually consists of beating,
overloading, overdriving or cruelly binding healthy animals or using a diseased animal for work.
Others form of cruelty like starvation and the operation called phuka.
Penalties:
Animals which are subjected to cruelty are usually detained in recognized hospital for treatment
and cost is recovered from the owner.
It is punishable with fine up to Rs-100/- and / or imprisonment for the three months under the
cruelty of Animal act (No.XI) of 1890.
New law: It is punishable with fine up to 10,000/- and / or imprisonment for the six months under the
cruelty of Animal act (No.XI) of 1890.
The act is applicable only to areas to which it has been specially extended by the provincial
government and there also to acts of cruelty committed in public places or visible from public
places
3) Bestiality: Bestiality or sexual intercourse of human with the animals. Sexual intercourse by a
man with an animal usually per vagina or anus is called bestiality. It means carnal intercourse
with man, woman or animal against the order of nature.
Reasons for bestiality:
The common belief among illiterate people that intercourse with she-donkey is a remedy for
gonorrhea
Excessive sexual desire with less opportunity for natural intercourse
Young villagers, who go out to graze cattle in field far away from human eye, are incited,
owing to loneliness and the proximity of the animals to commit this crime.
People having some mental abnormalities
In bestiality crime, the human male is active agent and the passive agent is a goat, donkey,
mare , cow or even hen
No cases of the human female are publicly known
Diagnosis of bestiality:
Signs in accused person
The offender are usually caught red-handed
Penis may be contaminated with animal feces, vaginal secretion or hair
Marks of injuries on the body of the accused person due to kicks, teeth or claws of the animal
Presence of animal hair on the external or the cloth
Some animals urinate during the act and the urine may soak the cloths of the accused or cloths
may emit the peculiar smell of the species
Datura:
Seeds and leaves of datura used for poisoning through orally
Alkaloides: Atropine, Hyoscyamide, and Hyosine
Oleander:
Glycosides: Oleandroside, neriside-cattle and horse die after eating 28.36 gram of green leaves
Test of poison:
Arsenic poisoning:
Intense rose-red inflammation and edema of the gastro intestinal tract
Rupture of the blood vessel and necrosis of the intestine
Submucosal hemorrhage in the stomach, duodenum and cecum
Inflammation of the abdomen is pronounced
Datura poisoning
Lesions are not characteristics
Oleander poisoning
Gastro-enteritis
Petichial hemorrhage on various organ
Drowning:
Drowning is a form of asphyxia in which the entry of atmospheric air into the lungs is
prevented due to aspiration of fluid into air passages, caused by submersion of the mouth and
nostril under water or any other liquid
Drowning is rarely employed as a means of the mischievous killing of animals, but when dead
bodies are recovered from water, the veterinarian may be asked to decide whether the cause
of death was drowning or some other factors which are responsible for death
Veterinarian can decide by the examination of carcass whether the animals was alive at the time
of drowning or whether the dead animals was thrown into the water
Diagnosis of drowning in sensible animals
While froth at the mouth and nostrils and corrugated skin
Early rigormortis and white froth in the respiratory tract
Edematous, distended balloon shaped lungs
Presence of mud, sand or floating matters mixed with water in the respiratory tract and stomach
Unconscious animals: Hardly swallow water
Dead body thrown in water:
All these feature of sensible animals are absent
Then examine the dead animals for other causes like violence, poisoning, diseases etc.
Penalties: Mischievous killing or poisoning of the large animals or other animals costing 50/- or more
is a cognizable offense and punishable.
Accidental deaths of animals: It may occur due to lightning stroke and electrocution are sometimes
suspected to be malicious or criminal
Lightning stroke:
1. Animals in open field
Lightning stroke is seasonal
Flashes of linear lightning during thunderstorms may prove fatal to animals
2. Animals under the tree
Trees which are tall, spreading and well developed, just beneath the ground surface tend to be
struck more often by lightning
Damp ground act as a conductor for electricity passing
Animal electrocuted by standing on electrified earth
3. Animals in other place : Fences, house, pools of water prone to lightning stroke
Instruments required for post mortem examination: Two knives, enterotome, scissors,
thumb forceps, bone cutting saw, costotome, chisels, rubbergloves, bucket, glass bottle,
measuring tape and probe
c) Serological examination
i) Precipitation test
ii) Agar gel diffusion test
Penalties: Frauds in the sale of livestock products are punishable under the section 415 IPC.
Wound: A wound may be defined as damage to living tissue. Breach of continuity of the skin or
mucous membrane.
Classification of wound:
1) Wound by hard blunt object or fall on the ground
a) Abrasion or scratches b) Bruise or contusions c) Lacerated and d) Fracture and
dislocations
2) Wound by sharp object
a) Incised wound b) Punctured ( penetrating and perforating wound)
3. Gunshot wound by firearms
4. Wound from heat/lighting/corrosive chemical/ boiling liquid/steam: Burn, Scald
5. Wound by various types of bomb splinter
Insurance
Insurance of animals has not become popular in Bangladesh probably because most of
them are of low value
Some valuable animals like racehorses and pedigree dogs are insured against death or
accident
Certain short-term insurance covering the risks involves in some operations like
castration
In all such cases the veterinarian is called upon to examine the animal for freedom
from special influence tending to shorten life and or judging its market value
Usually insurance company sends a prescribed to be filled in
A detailed description of the animal is to be noted and a detailed post-mortem
examination made to ascertain the cause of death
Even though this information is not always required, it will be useful if any dispute
arises later
It seems unfair for a veterinarian to be asked a judge the market value of an animal.
He should try to avoid giving an opinion on this point but in case of extreme necessity
he should give a non-committed reply
The insurance company like others clients must pay the fees
Wound certificate
No. Date:
This is to certify that at the request of Mr. X, Village: Y, District: Z. I have this day examined
a Cow/Bull/…..having the following identification marks, age 6/7….years, breed local/ cross
and color white/ black belonging to Mr. X
The said animal has got the following injuries on its body
I am of opinion that……
Place… Signature
Qualification and Designation
Veterinary Medical Ethics
The code which controls the veterinary professional behavior through self-regulation called
‘Veterianry medical ethics’. The code of ethics is the foundation of veterinarian’s individual
and collective efforts. Every veterinarian should follow the following principles of veterinary
ethics.
1. General deportment: Personal behavior of a gentleman is expected of all members of
the profession
2. Personal deportment and obligation of a veterinarian:
Veterinarian conduct should be governed by a stricter code than that applies
to the ordinary citizen.
No member shall use a professional degree/ diploma to which he is not
entitled or any degree/diploma or title granted by an institution declared
unworthy by contemporary institution of its class
All members should be obliged to make careful use of this knowledge and
skill and should as a representative of the profession never refuse advice or
treatment without good cause.
3. Consultations:
When a fellow practitioner or laboratory worker or officially employed
veterinarian is called into consultation by the attending veterinarian, in that
case discussion with the client should be handled in such a manner as to
avoid criticism of the attending veterinarian.
4. Suppression: If an owner of a sick animal which has been recently treated by one
veterinary surgeon, calls upon another for treatment, the latter should decline to attend
unless he considered as a consultant or the owner of the animal inform that his
services are no longer required.
5. Canvassing: It is unprofessional to canvass or tour by him or by others.
6. Advertising: Registered veterinary surgeon or veterinary practitioner should not
attend to secure clients or gain reputation by any kind of advertisement in the press
but this not prevent him from publishing articles in professional journal, the popular
press, broadcasting and appearing on a television.
7. Objectionable advertising consist of:
a. Advertising personal superiority over one’s colleagues
b. Advertising fixed fees for given services
c. Advertising case report, allegedly unintentional
d. To publish the name of a veterinarian in directories as a specialist in the treatment
of any disease or in the performance of any service within this scope of practice
8. Advertising in local newspapers:
This should be limited to name, title, address, office hours and telephone number
9. Advertising by mail: The distribution of cards or circulates by mail or other wise
reminding clients that the time is at hand for rendering certain services (vaccination,
worm-parasite, treatment etc.) is a questionable practice should be forwarded upon
objectionable advertising.
10. Advertising by personal cards and letter-heads:
a) The letter-head of a professional man should be modest announcing only name,
title, address, telephone number and office hours.
11. Advertising
a) By display of signboards: Veterinary surgeons have a duty to see that their
premises can be found without under difficulty by the public seeking their
services. For this reason professional premises could be identified by displaying
signboard ‘Veterinary Hospital/ Dispensary’ or ‘Veterinary Clinic’ or ‘Veterinary
Surgery’. The size and design of the signboard should be as is consistent with the
professional approach to the provision of information for the public and should
not use for commercial intension to attract public. The signboard not announces
special services like bathing, plucking, clipping, X-ray etc.
b) By display of name plates: The display of the name plates contain following
information-
The name of the Veterinary Surgeon or Veterinary practitioner of the names
in a partnership.
Letter indicating the qualification as entered against the name each
Veterinarian in the register veterinary practitioners of Bangladesh.
The name plate must not exceed 18X18’’ and should be designed in a
dignified and professional style.
12. Professional stationary: Professional note papers, accounts heads, visiting cards and
all other professional stationary should not be printed in large letters.
13. Change of address: This may be announced by a brief note in the local press. Any
change in the address must be notified to the Registrar of the Bangladesh Veterinary
Council.
14. Emergency service:
a) When called in an emergency as a substitute of a fellow practitioner in his/her
absence it is noble duty of a Veterinary practitioner to provide treatment to the
patient until his return.
b) In case of emergency treatment it is unethical to institute radical changes in the
treatment of previously prescribed medicine in such a way as to attract unusual
attention.
15. Testimonials: It is unprofessional for any Veterinary surgeon or Veterinary
practitioner to give any testimonial intended for sales promotion in favor of
proprietary, patent articles, medicines or animal foods.
16. Guarantee cures: It is unethical to guarantee for cure of the illness.
17. Frauds:
a) Issuing of false health certificate
b) When employed by the buyer to inspect an animal for soundness it is unethical to
accept a fee from the seller.
18. Illegal practice:
a) It is unprofessional to aid in illegal practice of others.
b) It is duty of the members of the profession to report illegal practices to the proper
authorities and to the Bangladesh Veterinary Council or to the council of the
Bangladesh Veterinary Association.
19. Obligations and loyalty of the Veterinarian: The Veterinarian should first of all be a
citizen and leader in movement to advance the community welfare. He should commit
no act that would reflect unfavorably upon the worthiness of the profession.
20. Full-time Government or other appointment: A veterinary surgeon in Government
employment or in a similar position has certain advantages over a Veterinarian in
private practice in same area. It would be unprofessional for the former to exploit this
advantage.
21. Fees: In case of Veterinary Surgeons in Government employment they are to be
guided by the Government rules and instruction issued by the head of the department/
Government from time to time. However, when a consultant’s fee is paid it should be
paid in full to the consultant.
22. Disputes: It is very undesirable that there should be any disputes among the
veterinarians, wherever possible they should settle disputes within the profession and
if necessary seek the advice of the Veterinary Council.
23. The use of qualifications: A Veterinary practitioner should not use in connection with
professional affairs, any title, which is not in the register of registered Veterinary
Practitioner. The list of registered Veterinary Practitioner together with their address
and recognized Veterinary qualification published in the official gazette once in every
four years under the section 18 to the Bangladesh Veterinary Practitioners Ordinance
1982.
24. The Veterinary surgeon and the law: A Veterinary practitioner is in duty bound in
certain cases when requested to do so, to issue certificate. It is unprofessional for any
veterinarian to sign any certificate which is untrue, misleading or improper.
25. Professional secrecy: Any information gained by a veterinarian concerning a patient
under his care is to be treated as confidential and disclose to the owner alone with the
owner’s consent to others.
26. Evidence: When a Veterinary surgeon by reason of his professional status is called
upon to give evidence to a court of law, the evidence must be given with the purpose
of law.
27. Veterinary Practitioners and the Bangladesh Veterinary Practitioner Ordinance 1982
(XXX of 1982) : It is the duty of every Veterinary practitioner registered under the
Bangladesh Veterinary Practitioners Ordinance 1982 (XXX of 1982) to report any
breach of this ordinance that may come to his attention to the Veterinary Council of
Bangladesh.
28. Every Registered Veterinary Practitioner.
Shall follow these code of ethics
Shall morally be bound to discharge duties with honesty, sincerity and
diligently.
29. Ground of penalty: Where a Registered Veterinary Practitioners is the opinion of the
council. Any misconduct, inefficiency, corruption should be considered as corruption.
30. Penalties: There should be two penalties
a) Minor penalties: Censure and withholding of the Veterinary practice for a
specified period
b) Major penalties: Cancellation of registration.
31. Inquiry procedure: All enquires should be made for imposing above penalties under
section 22 of the Bangladesh veterinary practitioners Ordinance 1982 (XXX of 1982)
on the three (3) members set up by the president of the council.
32. Amendment, addition and alterations: Any amendment, addition and alterations
should be followed by the order of the Bangladesh Veterinary Council.
An ordinance to make provision for the regulation, control and regulation of Veterinary
practitioners in Bangladesh and for the constitution of a Veterinary Council and for matters
connected therewith.
Whereas it is expedient to make provision for the regulation, control and registration of
Veterinary practitioners in Bangladesh and for the constitution of a Veterinary Council and
for matters connected therewith:
1. Short title: The ordinance may be called the Bangladesh Veterinary Practitioners
Ordinance, 1982.
2. Definition: In this Ordinance unless there is anything repugnant in the subject or
context:
a) ‘Council’ means the Bangladesh Veterinary Council (BVC) constituted under this
Ordinance.
b) ‘Member’ means a member of the council.
c) ‘Prescribed’ means prescribed by regulations made under this Ordinance.
d) ‘President’ means the President of the council.
e) ‘Recognized Veterinary qualification’ means any of the Veterinary qualification
included in the schedule.
f) ‘Register’ means the register of Veterinary practitioners maintained under this
ordinance
g) ‘Registered Veterinary Practitioner’ means a person whose name is for the time
being entered in the register.
h) ‘Register’ means the person appointed as Registrar by the council and
i) ‘Veterinary institution’ means the institution, which trains for, or grants or both
trains for and grants, degrees, diplomas or license in Veterinary Science.
3. Constitution of the council
I) There shall be constituted a council, which shall consist of the following
members, namely:
a) The Director of Livestock Services, ex officio (by virtue of position/status)
b) One Registered Veterinary Practitioner from each of the Administered Division
of Bangladesh, to be elected in the manner prescribed:
i. One registered veterinary practitioner to be nominated by the Bangladesh
Agricultural University
ii. The Dean of the Faculty of Veterinary Science of the Bangladesh
Agricultural University, ex officio
iii. The president of the Bangladesh Veterinary Association, ex officio
iv. One member belonging to the legal profession to be nominated by the chief
justice of Bangladesh, and
v. One member of the defense services possessing recognized veterinary
qualification to be nominated by the Bangladesh Army.