In an incised wound, all of the following are true, except:
What is the maximum punishment under Section 304-A IPC for causing death by negligence?
Sec. 176 CrPC is related to?
A witness, who after taking oath, willfully makes a statement which he knows or believes to be false is guilty of offence under section:
IPC 304B is related to -
Sex with cadaver is called -
Novus actus interveniens is related to?
NEET-PG 2015 - Forensic Medicine NEET-PG Practice Questions and MCQs
Question 41: In an incised wound, all of the following are true, except:
- A. Tailing is often present
- B. It has clean-cut margins
- C. Bleeding is generally less than in lacerations (Correct Answer)
- D. Length of injury does not correspond with length of blade
Explanation: ***Bleeding is generally less than in lacerations*** - Incised wounds, due to their **clean-cut nature** and often transected blood vessels, typically result in **more profuse external bleeding** compared to lacerations. - Lacerations often have torn vessels and crushed tissue, which can promote **hemostasis** to some degree, leading to less external bleeding than deep incised wounds. *Tailing is often present* - **Tailing** refers to the superficial beginning and ending of an incised wound, appearing as a shallow scratch. - This feature is characteristic of incised wounds created by a **sharp object drawn across the skin**. *It has clean-cut margins* - Incised wounds are caused by **sharp-edged instruments** that slice through tissue, resulting in margins that are smooth, sharp, and without significant tissue damage. - The absence of crushing or tearing around the wound edges is a hallmark of an incised wound. *Length of injury does not correspond with length of blade* - The length of an incised wound can often be **longer than the width of the blade** (e.g., a small knife producing a long wound) or **shorter than the blade's full length** if only a part of the blade comes into contact with the skin. - This lack of direct correlation is important for forensic analysis in determining the nature of the weapon.
Question 42: What is the maximum punishment under Section 304-A IPC for causing death by negligence?
- A. 3 years
- B. 2 years (Correct Answer)
- C. 1 year
- D. 4 years
Explanation: **2 years** - Section 304A of the **Indian Penal Code (IPC)** specifically dealt with causing **death by negligence** and prescribed a maximum imprisonment of **two years** (as per law applicable in 2015). - This section was applied in cases where death was caused by a rash or negligent act not amounting to culpable homicide. - **Note:** Section 304A IPC has been replaced by Section 106 of the Bharatiya Nyaya Sanhita (BNS) 2023, which prescribes a maximum of 5 years imprisonment. However, for this NEET-2015 question, the answer reflects the law as it existed at that time. *3 years* - While some offenses in the IPC carried a punishment of 3 years, **death by negligence** under Section 304A did not fall into this category (as per 2015 law). - More severe forms of culpable homicide not amounting to murder would attract higher penalties, but not simple negligence. *1 year* - A punishment of **one year** was too lenient for causing death by negligence, as the potential harm is significant. - The law recognized the gravity of causing death, even if unintentional, by imposing a more substantial penalty. *4 years* - A punishment of **four years** would have extended beyond the maximum prescribed limit for causing death by negligence under **Section 304A IPC** (as per 2015 law). - Such a sentence would typically be reserved for more serious offenses with a higher degree of intent or culpability.
Question 43: Sec. 176 CrPC is related to?
- A. Summons
- B. Coroner inquest
- C. Magistrate inquest (Correct Answer)
- D. Police inquest
Explanation: ***Magistrate inquest*** - Section 176 of the CrPC (Code of Criminal Procedure) specifically deals with the **inquiry by a Magistrate into the cause of death** in certain circumstances. - This section outlines the powers and procedures for a Magistrate to hold an inquest, particularly in cases involving death in police custody, or where there is suspicion of foul play, etc. *Summons* - Summons are dealt with under a different part of the CrPC, primarily starting from **Section 61**, which details the form and service of summons. - They are legal documents compelling an individual to appear in court, and are not related to the inquiry into the cause of death. *Coroner inquest* - While coroner inquests serve a similar purpose of inquiring into the cause of death, the term "coroner" is not primarily used in the Indian legal system; instead, **Magistrates primarily conduct such inquiries**. - The procedure and authority for these inquiries are laid out in the CrPC, which designates the role to Magistrates rather than coroners. *Police inquest* - Police inquests are conducted under **Section 174 CrPC**, where the police investigate the apparent cause of death, often in cases of suicide, accidental death, or when there is doubt about the cause. - While police conduct an initial inquiry and prepare a report, a Magistrate's inquest under Section 176 comes into play when there are specific suspicious circumstances or custodial deaths, providing an additional layer of scrutiny.
Question 44: A witness, who after taking oath, willfully makes a statement which he knows or believes to be false is guilty of offence under section:
- A. 192 IPC
- B. 193 IPC (Correct Answer)
- C. 191 IPC
- D. 190 IPC
Explanation: ***193 IPC*** - **Section 193 of the Indian Penal Code (IPC)** is the substantive offense provision that prescribes **punishment for giving false evidence** in a judicial proceeding. - Making a false statement under oath, knowing it to be false, makes a person **guilty under Section 193 IPC**, which provides for imprisonment up to 7 years and fine. - This is the operative section under which prosecution is initiated for perjury. *191 IPC* - **Section 191 IPC** defines what constitutes "giving false evidence" - it describes the act but does not prescribe punishment. - While the question describes an act that fits Section 191's definition, the person is charged and found guilty under **Section 193**, which is the punishment provision. - Section 191 is a definitional section, not the offense section itself. *192 IPC* - **Section 192 IPC** deals with **fabricating false evidence**, which involves creating or manufacturing evidence (making false entries in documents, causing circumstances to exist, etc.). - This focuses on the act of *fabricating* rather than directly *giving* a false statement under oath in proceedings. *190 IPC* - **Section 190 IPC** deals with **threat of injury** to induce a person to refrain from applying for protection to a public servant. - This section is entirely unrelated to giving false evidence or making false statements under oath.
Question 45: IPC 304B is related to -
- A. Death caused by negligence
- B. Dowry death (Correct Answer)
- C. Punishment for cruelty by husband or his relatives
- D. Punishment of culpable homicide, not amounting to murder
Explanation: ***Dowry death*** - **IPC 304B** specifically addresses **dowry death**, where the death of a woman is caused by burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage, and it is shown that soon before her death, she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry. - This section aims to curb the practice of **dowry-related violence** and holds the perpetrators accountable. *Death caused by negligence* - This falls under **IPC 304A**, which deals with causing **death by negligence**, such as rash or negligent acts not amounting to culpable homicide. - It does not involve the specific elements of dowry demand or harassment within seven years of marriage. *Punishment for cruelty by husband or his relatives* - This is covered by **IPC 498A**, which penalizes **cruelty by a husband or his relatives** towards a married woman. - While related to marital abuse, **IPC 498A** does not specifically address death; instead, it focuses on harassment and cruelty. *Punishment of culpable homicide, not amounting to murder* - This offense is delineated in **IPC 304**. - It applies when a death is caused with the intention of causing bodily injury likely to cause death, or with knowledge that the act is likely to cause death, but without the specific intent or knowledge that would elevate it to murder.
Question 46: Sex with cadaver is called -
- A. Voyeurism
- B. Exhibitionism
- C. Necrophilia (Correct Answer)
- D. Undinism
Explanation: ***Necrophilia*** - **Necrophilia** is a paraphilia characterized by sexual attraction to or sexual acts with corpses. - It is classified as an extremely rare and severe mental disorder, often associated with a history of sexual abuse or profound psychological disturbances. *Voyeurism* - **Voyeurism** involves obtaining sexual gratification from secretly observing unsuspecting individuals undressing, naked, or engaging in sexual acts. - It does not involve direct sexual contact or interaction, especially not with cadavers. *Exhibitionism* - **Exhibitionism** is a paraphilia characterized by the recurrent powerful urge or fantasies of, and sexual arousal from, exposing one's genitals to an unsuspecting stranger. - The primary goal is usually to shock or distress the observer, not to engage in sexual acts with a deceased person. *Undinism* - **Undinism** is an outdated term, sometimes used to refer to a fetish or paraphilia involving urine (urophilia). - It is not related to sexual attraction or activity with cadavers.
Question 47: Novus actus interveniens is related to?
- A. Therapeutic misadventure
- B. Facts speaking for itself
- C. Contributory negligence
- D. Breaking of chain (Correct Answer)
Explanation: ***Breaking of chain*** - **Novus actus interveniens** (a new intervening act) is a legal concept referring to an event that breaks the **chain of causation** between an initial act of negligence and the resulting harm. - This means that a new, independent act occurs that is so significant it negates the responsibility of the original wrongdoer for the final outcome. *Therapeutic misadventure* - This refers to an **unforeseen complication** or adverse event that occurs during a medical or surgical procedure despite appropriate care being taken. - It does not necessarily involve a break in the chain of causation, as the misadventure is typically directly related to the initial medical intervention. *Facts speaking for itself* - This translates to the legal doctrine of **res ipsa loquitur**, which means "the thing speaks for itself." - It applies when an injury is of such a nature that it would not ordinarily occur without negligence, and the instrumentality causing the injury was under the exclusive control of the defendant. It's about establishing negligence, not breaking causation. *Contributory negligence* - This is a defense in tort law where the plaintiff's own **negligence contributed** to their injury, thereby reducing or sometimes barring their recovery. - While it deals with fault, it's distinct from novus actus interveniens, which focuses on whether the original defendant's act directly caused the final harm.