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FORENSIC SCIENCE PAPER No.:2: Criminology and Law

MODULE No. 23: Indian Penal Code
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 https://www.youtube.com/watch?v=OnHsR7s-6F4
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 https://www.youtube.com/watch?v=DRypGJDUv8A
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FORENSIC SCIENCE PAPER No.:2: Criminology and Law

MODULE No. 23: Indian Penal Code
 Glossary
Ab initio
From the very beginning.

Admission
After a case is registered it is placed before the Court for its hearing, known as the preliminary
hearing. The Court considers whether the case should be proceeded with by directing the
respondents to show cause why the petition should not be admitted. Sometimes the Court admits
a case without hearing the respondents, or dismisses the case in limine. If the case is admitted, it
is listed for a more detailed hearing. See issue notice.

Adversarial Procedure

A way of adjudicating a dispute in which one party asserts a claim or a right, and the other denies
it. The dispute is usually resolved by the acceptance of one claim and the rejection of the other,
making the proceedings adversarial. This is recognized in the Code of Criminal Procedure, 1973,
the Indian Evidence Act, 1872 and the Code of Civil Procedure, 1908. See inquisitorial
proceedings.

FORENSIC SCIENCE PAPER No.:2: Criminology and Law

MODULE No. 23: Indian Penal Code
 Advocate
A person authorized to appear in a litigation on behalf of a party. An advocate possesses a law
degree and is enrolled with a Bar Council, as prescribed by the Advocates Act, 1961. Advocates
are the only class of persons legally entitled to practise law. They provide legal advice. After
being authorized to appear in a case by a client who has signed a vakalat, advocates prepare
cases and argue them in Court. In the Bombay and Calcutta High Courts there is a separate class
of legal practitioners, known as solicitors, who prepare the case, but do not argue in Court. When
appearing in a courtroom, an advocate usually dresses in black and white, and wears a band and
gown. Any complaint against an advocate is made to the Bar Council of India. See junior
advocate, advocate-on-record, senior advocate, amicus curiae, vakalath.

Advocate-on-record (AOR)

An advocate who has passed a qualifying examination conducted by the Supreme Court. The
examination is taken by an advocate who has been enrolled with a Bar Council for at least five
years and has completed one year''s training with an AOR of not less than five years standing.
Only an AOR can file a vakalath, a petition, an affidavit or any other application on behalf of a
party in the Supreme Court. All the procedural aspects of a case are dealt with by the AOR, with
the assistance of a registered clerk. It is the AOR''s name that appears on the cause list. The AOR
is held accountable, by the Court, for the conduct of the case. Any notices and correspondence
from the Court are sent to the AOR, and not to the party.

Advocate's fees

There are no standardized fees charged for the various tasks performed by an advocate. Some
advocates charge a lump sum amount for dealing with an entire case, others charge separate fees
for each task - e.g., drafting, filing, legal advice, arguing. Senior advocates generally charge a
separate fee for every hearing. In the majority of PIL cases, these fees have been waived by the
advocates. When appearing on behalf of a legal aid committee, an advocate receives expenses
and nominal fees, at no cost to the party. In some PIL cases the Court has awarded costs to the
party.

Affidavit
This is a sworn statement made by a party, in writing, made in the presence of an oath
commissioner or a notary public which is used either in support of applications to the Court or as
evidence in court proceedings. In writ jurisdiction, cases are generally disposed of on the basis of
affidavits. An affidavit in reply to a petition, filed by a respondent, is called a counter affidavit.
The petitioner’s response to this counter, is called a rejoinder affidavit. All affidavits are verified
as to the truth of their contents.

Alimony
The maintenance given by a husband to his divorced wife.

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MODULE No. 23: Indian Penal Code
 Amicus curiae

Translated from the Latin as ’friend of the Court’. An advocate appears in this capacity when
asked to help with the case by the Court or on volunteering services to the Court.

Appeal
The correctness of the decision of a lower court or tribunal is questioned by way of an appeal in
a higher court.

Arbitration
Settling disputes by referring them to independent third parties as an alternative to court
proceedings.

Attestation
The authentication of a signature by an authorized person, who could be an oaths commissioner
or a notary public.

Attorney
See advocate.

Bankruptcy
A person who is unable to pay his debts can be declared bankrupt by the Court. All his assets are
then taken over by the court for distribution to his creditors. Bar A collective noun indicating a
body of lawyers.

Bench
The composition of judges sitting to hear a matter in court. In the High Court, judges can sit
singly, in division benches of two judges or in full benches of three or more judges. In the
Supreme Court, the vacation judge or judge in chambers may sit singly; division benches
comprise two or three judges; constitution benches five or more judges. The largest bench
constituted in the Supreme Court has been of thirteen judges for the Kesavananda Bharati case in
1973. One or more judges in a case may give judgement, but it is the majority opinion that is the
judgement of the Court. A smaller bench is bound by the judgement of a larger bench; the
judgement of a bench can only be overruled by the judgement of a larger bench. See judgement.

Bequeath
To dispose of personal property by Will.

Bona vacantia
Goods that do not have an owner. Generally they go to the finder.

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 Challan
It is the police report filed under Section 173(2) of the Code of Criminal Procedure, 1973 after
making investigation into the commission of an offence.

Civil
Describes the nature of all proceedings which are not criminal.

Class Action
In a class action, a member of an identifiable group of persons files a petition. These persons
form a class if they have a common grievance.

Cognizable offence
An offence in which arrest can be made without a warrant.

Commission
A commission is appointed by a court to ascertain or investigate facts needed to decide a case. A
commission is usually given specific terms of reference. Members of a commission have been
chosen from amongst experts, academics, social activists/workers, advocates, judges and others.
Costs of the commission are usually borne by the State. Such commissions have often been
appointed in PILs.

Contempt of Court

A party wilfully disobeying an order of a court can be held in contempt of that court. Under the
Contempt of Courts Act, 1971 this is defined as ’civil contempt’. Any act that lowers the
authority of the Court or interferes with the course of justice is defined as ’criminal contempt’.
Each court has the power to punish anyone committing contempt of a court and in some cases
the Court can issue suo motu notice of contempt. Under Article 129 of the Constitution, the
Supreme Court is given the power to punish for contempt; under Article 215 of the Constitution
the High Court is given similar powers.

FORENSIC SCIENCE PAPER No.:2: Criminology and Law

MODULE No. 23: Indian Penal Code
 Costs
When giving the final decision in a case, the Court can award costs to either party. Generally the
losing party in a litigation is directed to pay the successful party. If the Court does not specify the
amount of costs, they are determined by the Registry, taking advocates’ fees, court fees and
expenses into account. A party is sometimes required to pay costs during the course of the
litigation, for failing to comply with the Court’s directions.

CourtFees
These are mandatory charges payable by affixing judicial stamps on petitions, applications and
various kinds of documents before they are filed in a court. It is only in legal aid matters that the
petitioners are exempt from paying these fees.

Court Master
An officer of the court who occupies a seat just below the judges’ dias and assists in the conduct
of proceedings.

Criminal
Describes the nature of all proceedings involving a crime.

Sui generis
Translated from the Latin as ’of his/her own kind’, this means that a person, place or thing is of a
distinctive nature.

Suo Motu
The Court may take action on its own when facts requiring legal intervention reach its notice.
The Court is then said to be acting suo moto.

Suo Motu

The Court may take action on its own when facts requiring legal intervention reach its notice.
The Court is then said to be acting suo moto.

FORENSIC SCIENCE PAPER No.:2: Criminology and Law

MODULE No. 23: Indian Penal Code
 Case study
In the human body, fusion of ilium bone in 50% cases takes place between the age group of 18 to
19 years however, in no cases fusion takes in males of less than 16 years in age. 10.

In the second Article- "Original Research Paper on Estimation of Age from Epiphyseal Fusion in
Iliac Crest" by Pardeep Singh, Assistant Professor, People's College of Medical Sciences,
Bhopal; R.K.Gorea, Prof. & Head, Gian Sagar Medical College, Punjab; S.S. Oberoi, Associate
Professor, G.M.C., Patiala and A.K. Kapila, Professor (Retd.), Govt. Medical College, Patiala,
the authors had done a case study in 100 persons between age group of 16 to 25 years, who had
been exposed to X-rays at Rajindra Hospital, Patiala, Punjab. In the case of males, complete
union was not seen in the all casesbelow 17 years of age. Complete union was seen in one out of
20 cases of males between 18-19 years, six out of 20 males between of 22-21 years and ten out
of 20 of males between the age group of 22-23 years. On the basis of the said study, the authors
came to the conclusion that epiphyses of iliac crest gets fused in most cases at the age of 22 to 23
years in both sexes and the earliest union occurs at the age of 19 years in males. 11. The third
Article is a Research Paper on "RadiologicalStudy of CRL.A.237/1999 & CRL.A.17/2000 Page
7 of 14 Fusion of Iliac Crest by Digital Method" prepared by Gaurang Patel, Assistant Professor
& Head, Deptt. of Forensic Medicine & Toxicology, G.M.E.R.S. Medical College & Civil
Hospital Sola, Ahmedabad; Dharmesh Shilajiya, Asso. Prof. BJMC, Ahmedabad; Ganesh
Govekar, Prof. &

Head, Govt Medical, Surat; Chandresh Tailor, Asst. Prof., and published in J Indian Acad
Forensic Med. October-December 2011, Vol.33, No.4. In the said paper, reference is made
to studies done in India by Galstaun in 1930 and 1937 on Bengali population (referred to in
Modi's Medical Jurisprudence & Toxicology), Bajaj in 1967 in Delhi and several others. It was
observed that these studies were based upon routine X-rays method and were not using digital X-
rays, which are of better quality. On the basis of the study, the authors have come to the
conclusion that there crest. In the fourth stage, the iliac crest is fused in ¾th part and in the last
stage the fusion is complete. On the basis of findings recorded by them, they have concluded that
complete fusion of Iliac crest with ilium occurs at the age of 19-20 years in males and 18-19
years in females in the Gujarat State population. The said study also records that this in accord
with the prior studiesconducted of Galstaun in Bengal and Kothari in Rajasthan.
CRL.A.237/1999 & CRL.A.17/2000 Page 8 of 14 12. In view of these articles/research papers,
we feel that it will be appropriate and just to accept the two ossification test reports dated
22.01.1998 in the case of appellants Chob Singh and Ashok Kumar. However, the question still
remains whether both of them should be treated as juveniles on the date of the offence, i.e.,
25/26.07.1997 in view of the said reports. 13. In the case of appellant Chob Singh, we have the
benefit of school records in the form of School Leaving Certificate Ex.CW1/A which records his
date of birth.

FORENSIC SCIENCE PAPER No.:2: Criminology and Law

MODULE No. 23: Indian Penal Code
 Several cases in which the trial courts have examined a large number of witnesses on either side
including the conduct of ossification test and calling for odontology report, even in cases, where
matriculation or equivalent certificate, the date of birth certificate from the school last or first
attended, the birth certificate given by a corporation or a municipal authority or a panchayat are
made available. We have also come across cases where even the courts in the large number
ofcases express doubts over certificates produced and carry on detailed probe which is totally
unwarranted.

Source:

http://delhihighcourt.nic.in/glossary.asp?id=D
http://indiankanoon.org/docfragment/175333651/?formInput=case%20%20studies%20%2
0%20doctypes%3A%20delhi%20fromdate%3A%201-1-2013%20todate%3A%2031-12-
2013
http://www.clicklaw.bc.ca/question/commonquestion/1154

FORENSIC SCIENCE PAPER No.:2: Criminology and Law

MODULE No. 23: Indian Penal Code