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SEXUAL OFFENCES
Abnormal Sexual Perversions
1. Necrophagia—Necros = corpse; phagia = to eat.
2. Masochism—Opposite to sadism. Derived from the name of
Leopold von Sacher-masoch, an Austrian novelist. Being whipped
by his wife used to be a stimulant for his literary work.
3. Necrophilia—Sexual intercourse with dead body.
4. Fetichism—Sexual satisfaction by contact with articles of
opposite sex.
5. Voyeurism (Scoptophilia)—Peeping Tom. It is sexual enjoy¬ment
from watching.
6. Frotteurism—Contact with other persons to obtain sexual
gratification.
7. Undinism—Sexual pleasure by witnessing the act of Urination.
8. Transvestism—Trans = opposite, Vesta = clothing or Eonism.
The term is derived from the name of Chevelier d’ Eon Beamont, a
Frenchman. It is usually found in the males who derive sexual
pleasure by wearing female dress.
9. Satyriasis—Incessant sexual desire.
10. Priapism—Painful penile erection in absence of sexual
desire.
11. The combining of Sadism and Masochism is called bondage.
12. Pyromania — Sexual stimulation while seeing flames or,
destruction of buildings.
Classification of Sexual Offences
I. Natural offences (1) Rape (2) Incest
II. Unnatural offences (1) Sodomy (2) Tribadism (3) Bestiality
(4) Buccal coitus.
III. Sexual perversions: (1) Sadism (2) Masochism (3)
Necrophilia (4) Fetichism (5) Transvestism (6) Exhibitionism (7)
Masturbation (8) Voyeurism (9) Frotteurism (10) Undinism, etc.
Rape (S. 375, IPC)
A man is said to commit rape, if he has sexual intercourse with
a woman:
1. against her will,
2. without her consent,
3. with her consent, when her consent has been obtained by
putting her or any person whorn she is interested in fear of
death, or of hurt,
4. with her consent, when the man knows that he is not her
husband and that she has given consent because she believes that
he is another man to whom she is lawfully married.
5. with her consent, when at the time of giving such consent, by
reason of unsoundness of mind or intoxication or the
administration of any stupefying substance, she is unable to
understand the nature and consequences of that to which she
gives consent,
6. with or without her consent when she is under 16 years of
age;
Exception:— sexual intercourse by a man with
his own wife is not rape, if she is above 15 years of age (Sec
375 IPC).
Rape offence is punishable under Sec- 376 IPC.
(1) Whoever commits rape shall be punished with imprisonment for
a term of not less than 7 years, but which may be for life or
ten years and also fine. If the woman raped is his own wife and
is not under 12 years, the imprisonment may extend to 2 years or
fine or with both.
(2) Whoever, (a) being a police officer commits rape, within the
limits of his jurisdiction, in the premises of any station
house, or on a woman in his custody, (b) being a public servant
takes advantage of his official position and commits rape on a
woman in his custody, (c) being on the management or the staff
of a jail, remand home, etc., commits rape on any inmate, (d)
being on the management of a staff of a hospital commits rape on
a woman of that hospital, (e) commits rape on a woman knowing
her to be pregnant, (f) commits rape on a woman below 12 years,
or (g) commits gang rape, shall be punished with rigorous
imprisonment of not less than 10 years or life imprisonment and
also fine.
A woman of 16 years and above can give valid consent for sexual
intercourse. The slightest penetration of the penis within the
vulva, with or, without emission of semen or rupture of hymen
constitutes rape. Rape can be committed even when there is
inability to produce erection of penis. Under the law, rape can
only be committed by a man and a woman cannot rape a man,
although she may be guilty of an indecent assault upon him. In
India, there is no age limit under which a boy is considered
physically incapable of committing rape. Medical proof of
intercourse is not legal proof of rape. Rape is a cognizable
offence.
False rape is called simulated rape.
Incest: Incest is a sexual intercourse by a man
with a woman, who is closely related to him by blood e.g. a
daughter, grand daughter, sister, stepsister, aunt and mother.
In India, incest as such is not an offence.
Paraphilias: Abnormal and unorthodox sex play
by using unusual objects or parts of the body are known as
paraphilia.
Unnatural Offences
Voluntary sexual intercourse against the order of nature with
any man or woman or animal is an unnatural sex offence (S. 377,
IPC). These offences are punishable with imprisonment for life
or up to 10 years and also with fine.
Homosexuality means persistent emotional and
physical attraction to members of same sex.
Sodomy is anal intercourse between two males
or, between a male and female. It is also called
buggery. It is called gerontophilia when the active
agent is an adult and paederasty, when the passive agent is a
young boy, who is known as catamite.
A paedophile is an adult who repeatedly engages
in sexual activities with children below the age of puberty. The
consent of sodomy is of no value, as both partners are
punishable.
Buccal coitus (coitus per os or sin of
Gommorrah): The male organ is introduced into mouth, usually of
a young child.
1. Male prostitutes are called—Eunuchs.
2. Castrated Eunuchs—Hijrahs.
3. Eunuchs with intact genitalia—Zenana.
Tribadism: Female homosexuality is known tribadism or
lesbianism. Sexual gratification of a woman is obtained by
another woman by simple lip kissing, generalised body contact,
deep kissing, manual manipulation of breast and genitalia,
genital apposition, friction of external genital organs etc. In
some cases, enlarged clitoris is used as an organ of passion or
some artificial penis or phallus may be used. Many lesbians are
masculine in type, possibly because of endocrine disturbances.
The practice is usually indulged in by women who are mental
degenerates or who suffer from nymphomania (excessive sexual
desire). Lesbians who are jealous of one another, when rejected
may commit homicide, suicide or both.
Bestiality: Bestiality is sexual intercourse by
a human being with a lower animal. Dogs and cats are common
animals for female. Usually the animal manipulates the genitalia
with its mouth and the actual coitus is very rare.
Sexual Perversions: Sexual perversions are
persistently indulged sexual acts in which complete satisfaction
is sought and obtained without sexual intercourse.
1. Uranism—Perversion of sexual instinct.
2. Sadism—In sadism, sexual gratification is obtained or
increased from acts of physical cruelty or causing of pain upon
one's partner. The term is derived from the name of a French
nobleman, the Marquis de Sade, infamous for his crimes and
writings. Many of his stories were about sexuality, cruelty, and
torture.
3. Lust murder—In extreme cases of sadism, murder serves as a
stimulus for sexual act and becomes equal to coitus.
4. Sexual oralism—It is the obtaining of sexual pleasure from
the application of the mouth to the sexual organs.
—Sin of Gommorrah —>Buccal coitus, coitus per os.
—Felatio —> is the oral stimulation or manipulation of the penis
either by the female or male.
— Cunnilingus is the oral stimulation of the female genitalia.
5. Masturbation (Onanism, ipsation)—Masturbation
is the deliberate self stimulation, which effects sexual
arousal. In females, a finger is gently and rhythmically moved
over clitoris or labia minora or steady pressure is applied over
these parts with several fingers or whole hand. Masturbation is
an offence when practiced openly e.g. in telephone booth,
lavatories etc.
6. Exhibitionism: It is a willful and
intentional exposure of the genitalia in a public place while in
the presence of others, to obtain sexual pleasure. This is
punishable under Sec 294 IPC with imprison¬ment up to 3 months
or fine.
7. Indecent Assault: Indecent assault is an
offence committed on a female, with the intention or knowledge
to outrage her modesty.
— This includes: Kissing of any part of female body, Pressing
the breasts or private parts, Touching private parts or-
thereabout including thighs, Exposing her genital parts or
breasts,
A medical practitioner can be accused of indecent assault if he
examines a female patient by stripping her clothes without her
consent and even with her consent
in the absence of a female attendant (viz. nurse).Such
assaults are punishable under Sec 354 IPC up to 2 years
imprisonment and/or fine.
SEMINAL FLUID
Seminal stains have to be detected in cases of rape or attempted
rape, sexual murder of the female, sodomy and bestiality.
Fertility of fluid has to be proved in disputed paternity.
Chemical Examination:
(a) Florence test: It is the best test for seminal stains. The
stain is extracted by 1% hydrochloric acid and a drop is placed
on a glass slide. A drop of florence solution (potassium iodide,
iodine and water) is allowed to run under the cover slip. If
semen is present, dark-brown crystals of choline iodide appears
immediately. They are rhombic crystals resembling haemin. The
test is not proof of seminal fluid, but only of presence of some
vegetable or animal substance.
(b) Barberio's test: A saturated aqueous or alcoholic solution
of picric acid when added to spermatic fluids produces yellow
needle-shaped rhombic crystals of spermine picrate. In
Barberio's test, presence of spermine in semen is detected.
(c) The Acid phosphatase test: The prostatic secretion element
of seminal fluid contains very much higher percentage of acid
phosphatase. This test is conclusive in the absence of
demonstrable sperms or in aspermia.
(d) Creatine phosphokinase: Serological typing of the semen is
possible by precipitin method.
(e) Ammonium molybdate test: for semen stains.
IMPOTENCE AND STERILITY
Impotence is the inability of a person to
perform sexual inter¬course.
Sterility is the inability of the male to beget
children, and in the female, the inability to conceive children.
Frigidity is the inability to start or maintain
the sexual arousal pattern in the female.
Impotence may be pleaded as a ground for all - Divorce,
Adultery, Unnatural sexual offence except rape.
The question of impotence and sterility may arise in:
(A) Civil— (i) nullity of marriage (ii) divorce (S.12, Hindu
Marriage Act, 1955; S.24, Special Marriage Act, 1954) (iii)
adultery (iv) disputed paternity and legitimacy (v) suits of
adoption (vi) claim for damages where loss of the sexual
function is claimed as the result of an assault or accident
(B) Criminal— (i) adultery (ii) rape (iii) unnatural offences.
Men with primary impotence associates sex with dirtness and
sinfulness. Systemic disease which is most frequently associated
with secondary impotence is Diabetes mellitus. Psychogenic or
fear of impotence or, fear of inability complete the act are
most common causes of temporary impotence.
Impotent quoad is an individual who may be impotent any
particular woman (quoad = as regards) but not with others.
Vaginismus is involuntary spasm of perineal muscle so that
sexual intercourse is not possible. Treatment is psychotherapy.
After vasectomy, the person should be advised to abstain from
sexual intercourse for about 3 months. A battered child is one
who has received injuries as a result of non-accidental violence
produced by a parent or guardian.
Sudden infant death syndrome (SIDS or Cot death)—The commonly
accepted hypothesis suggests that some infants have prolonged
sleep apnoea, which makes them susceptible to hypoxia, which
leads to bradycardia and cardiac arrest.
ARTIFICIAL INSEMINATION:
It is artificial introduction of semen into the vagina cervix or
uterus to produce pregnancy. One ml. of semen is deposited by
means of syringe in or near the cervix.
Indications:
(i) When the husband is impotent (not an indication for A.I.D).
(ii)When the husband is unable to deposit the semen in vagina
due to hypospadias.
(iii) When the husband is sterile.
(iv) When there is Rh-incompatibility between husband and wife,
(v) When husband is suffering from hereditary disease such as
colour blindness, sickle cell disease.
Legal problems of Artificial Insemination Donor:
1. Adultery—Donor and recipient cannot be held guilty of
adultery in India, as Sec. 497 IPC requires sexual intercourse
as necessary part of adultery.
2. Legitimacy—such a child is illegitimate and cannot inherit
property.
3. Nullity of marriage and divorce—Artificial insemination is
not a ground for nullity of marriage or divorce. However, if A.I
is due to impotence, it is a ground. If A.I is done without the
consent of the husband, he can sue his wife for divorce and the
doctor for damages.
4. Natural birth: if a child is born naturally sometime after a
child born by A.I, the status of the child born after A.I
remains illegitimate unless it is adopted, and the status of the
natural born child remains legitimate.
Test tube baby (IVF):
The ovum is removed from the ovary of the woman and is
fertilised outside the body. At the stage of blastocyst, the
embryo is returned to the uterus, which gets implanted in the
endometrium.
Surrogate birth:
Artificial insemination with the semen of the barren woman's
husband is carried out in a hired woman.
VIRGINITY
A virgin (virgo intacta) is a female who has not experienced
sexual intercourse. Defloration means loss of virginity. The
question of virginity arises in case of (1) nullity of marriage,
(2) divorce, (3) defamation, and (4) rape.
Signs of virginity:
A. Genital findings:
(i) Labia majora — firm, elastic and rounded and lies in close
contact with each other even in full abduction of the thighs
(ii) Labia minora — soft and elastic, small and pinkish colour.
They lie in close contact and are not visible being under the
labia majora.
(iii) Clitoris — not enlarged,
(iv) Vestibule — narrow,
(v) Hymen — intact.
(vi) Vagina — narrow and tight with rugosed pinkish walls, ori
is slit like due to the apposition of wall, and due to presence
of hymen.
(vii) Perineum — entire.
B. Extra genital findings:
(i) Breast — hemispherical, firm, plump and elastic.
(ii) Nipple — small and pointed surrounded by pink areola.
Narrow and tight vagina is not seen in false virgin. Tears on
hymen caused by sexual intercourse or by fore body is usually
situated postero-laterally.
Causes of rupture of hymen:
1. An accident—Hymen does not rupture by riding, jump dancing
etc.
2. Masturbation.
3. Sola pith introduced into vagina.
4. Sanitary tampoon.
Most important sign of defloration is hymen rupture. Important
support of uterus preventing prolapse is transverse cervical
ligaments. In women who are used to coitus, and in those who
have borne children, the hymen is destroyed and different sized
small, round,, fleshy projections or tags, known as carunculae
hymenales or myrtiformes are formed round the hymenal ring.
PREGNANCY
Pregnancy is a condition of having a developing embryo or foetus
in the female, when an ovum is fertilized by a spermatozoon.
The question of pregnancy has to be determined in the following
conditions:
(1) When a woman pleads pregnancy to avoid attendance in Court
as a witness.
(2) When a woman convicted of capital crime, pleads that she is
pregnant, to avoid execution. The High Court has the power to
postpone the execution of death sentence or to commute it as
Imprisonment for life (S.416, Cr.P.C).
(3) When a woman feigns pregnancy soon after death of her
husband to claim succession to estate.
(4) To assess damage in a seduction or breach of promise of
marriage case.
(5) When a woman blackmails a man and accuses that she is
pregnant by him, to compel marriage.
(6) In allegations that an unmarried woman, widow, or a wife
living apart from her husband is pregnant
(7) When a woman alleges that she is pregnant in order to get
greater compensation when her husband dies through the
negligence of some person
(8) When pregnancy is alleged to be motive for suicide or murder
of unmarried woman or widow
(9) In cases of divorce, the woman may claim to be pregnant to
receive more alimony
(10) In cases of alleged concealment of birth of pregnancy and
infanticide.
Diagnosis of pregnancy: the signs and symptoms
are usually classified into three groups:
(1) The Presumptive signs, (2) The Probable signs, (3) The
Positive signs.
(1) The presumptive signs are amenorrhoea,
changes in breast, morning sickness, quickening, pigmentation of
the skin, changes in the vulva, urinary disturbances, fatigue
and sympathetic disturbances.
Amenorrhoea is the earliest and one of the most important
symptom of pregnancy. Breast changes are quite characteristic in
primi-gravidas but are of less value in multiparas. Morning
sickness usually appears about the end of the first month and
disappears 6 to 8 weeks later. Nausea and vomiting are usually
present in the morning, and pass off in a few hours. From about
16th to 20th week, the pregnant woman feels slight fluttering
movements in her abdomen (Quickening). The vulva, abdomen and
axillae become darker due to the deposit of pigment, and a dark
line extends from the pubis to beyond the umbilicus, the so
called linea nigra. The mucous membrane of the vagina changes
from pink to violet, deepening to blue as a result of venous
obstruction, after the fourth week (Jackquemier’s sign or
Chadwick’s sign). Enlarging uterus exerts pressure on the
bladder and produces frequent micturition. Easy fatigue is very
important. Salivation, perverted appetite and irritable temper
are common.
(2) The probable signs of pregnancy are
enlargement of the abdomen, Hegar’s sign, Goodell’s sign,
Braxton-Hick’s sign, Ballottement, uterine souffle, biological
tests and immunological tests.
During pregnancy, abdomen gradually enlarges in size after the
12th week. Hegar’s sign is positive at about the sixth week.
This is the most valuable physical sign of early pregnancy.
Goodell’s sign is the progressive softening of the cervix from
below upwards, well marked from the fourth month. Intermittent,
painless uterine contractions are easily felt after the fourth
month known as Braxton-Hick’s sign. They are present even when
the fetus is dead. Ballottement is positive during the fourth
and fifth month of pregnancy as the fetus is small in relation
to the amount of amniotic fluid present. This can be negative if
the amniotic fluid is scanty. Uterine souffle is a soft blowing
murmur, which is synchronous with the mother’s pulse. It is due
to passage of blood through the uterine vessels.
The biological tests are (1) The rapid rat test (2) The
Aschheim-Zondek test (3) Friedman test (4) Hogben or female toad
test (5) male frog test (6) Galli-Mainini test.
The immunological tests are (1) Inhibition (indirect) latex
slide test (2) Direct latex slide test.
(3) Positive signs of pregnancy: They are fetal
movements, fetal heart sounds, X-ray diagnosis and Sonography.
Fetal movements are felt by placing the hands on the abdomen by
24 weeks. Fetal parts can be identified by abdominal palpation
by 36 weeks. Fetal heart sounds are important and definite sign
of pregnancy. They are heard between 18 to 20 weeks for the
first time. Rate is usually about 160 at fifth and 120 at the
ninth month, not synchronous with the mother’s pulse.
Fetal sounds are not heard: (a) when the fetus is dead, (b) when
there is excessive amount of liquor amnii, (c) when abdominal
wall is very fatty, (d) when examination is made before 18 weeks
of pregnancy. At about 15 to 16 weeks, fetal parts can be
detected with certainty. Usually the skull and spine are seen at
15 to 16 weeks.
Radiological signs of fetal death are (1) Spalding’s sign, (2)
Collapse of the spinal column due to absence of muscle tone, (3)
presence of gas in the heart and great vessels.
Pseudocyesis (spurious or phantom pregnancy):
is usually observed in patients nearing the menopause or in
younger women who intensely desire children.
Signs of pregnancy in the dead: The presence of an embryo,
foetus, placental tissue, membranes or any other product of
conception is a positive proof.
Period of gestation: Average is 280 days from
the first period of the last menstrual period, so that the
actual period is about 270 days or less. Maximum period
concluded for medico-legal purpose is 354 days from the coitus
to live-birth. The maximum period accepted by English courts on
medical evidence is 349 days. Child born at or after 210 days of
uterine life are viable, i.e., are born and able to survive.
Posthumous child: It is a child born after the death of its
father, the mother being conceived by the said father.
Superfecundation: it means the fertilisation of
two ova which have been discharged from the ovary at the same
period by two separate acts of coitus committed at short
intervals.
Superfoetation: This means the fertilisation of a second ovum in
a woman who is already pregnant.
Legitimacy and paternity:
Legitimacy is the legal state of a person born in lawful
marriage. If a person is born during the continuance of a legal
marriage, or within 280 days after the dissolution of a legal
marriage by divorce or death of the husband, his birth is
presumed to be legitimate (S.112, I.E.A).
Atavism - The child does not resemble its parents, but resembles
its grandparents.
Wife battering: A battered wife is a woman who
has received a deliberate, severe, and repeated demonstrable
physical injuries from her husband. Faulk has categorised the
involved men into five groups: (1) Dependent passive, (2)
Dependent suspicious, (3) Violent and bullying, (4) Dominating,
(5) Stable and affectionate.
Delivery means the expulsion or extraction of
the child at birth. The question of delivery arises in (1)
abortion, (2) infanticide, (3) concealment of birth, (4) feigned
delivery, (5) legitimacy, (6) nullity of marriage, (7) divorce,
(8) chastity, and (9) blackmail.
Signs of recent delivery in the living: For the
first 2 or 3 days the woman is pale, exhausted and ill-looking
with increase in pulse and slight fever. Breasts are full,
enlarged and tender with a knotty feeling, and colostrum or milk
may be expressed. The areolae are dark, nipples enlarged, and
superficial veins prominent, and Montgomery’s tubercles are
present. The abdominal walls are pendulous, wrinkled and show
striae gravidarum especially in flanks which appear as
irregular, pink, subcutaneous scars. The uterus feels like hard
muscular tumour, the upper border of which lies about 3 cm.
below the umbilicus. It then diminishes in size by about 1.5 cm
a day. The labia are tender, swollen and bruised or lacerated.
The vagina is relaxed and capacious. Perineum may be lacerated.
Cervix is soft and dilated and its edges torn and lacerated
transversely.
The lochia is a discharge from the uterus which
lasts for 2 or 3 weeks. During the first 4 to 5 days, the
discharge is bright-red and contains large clots (lochia rubra).
During the next 4 days, it becomes serous and paler in colour (lochia
serosa). After the ninth day, colour becomes yellowish-green or
turbid (lochia alba) until its final disappearance.
It the blood or urine gives a positive pregnancy test, it is
strong corroborative evidence that pregnancy has recently
terminated.
Oligohydramnios is seen in renal-agenesis. In pregnancy, trace
element not supplemented from diet is iron.
Signs of Remote delivery in the dead include:
1. Uterus is larger, thicker, and heavier.
2. Walls are concave from inside.-
3. Top of the fundus is convex, and at a higher level than that
of broad ligaments.
4. The body of uterus is twice the length of cervix (same length
in virgin).
5. The cervix is irregular in form, shortened, its edges show
cicatrices.
6. External os is enlarged, and Internal os is not so well
defined.
ABORTION
Legally, abortion (miscarriage) means the premature expulsion of
the fetus from the mother’s womb at any time of pregnancy,
before full term of pregnancy is completed.
Classification: (1) Natural: (a) Spontaneous
(b) Accidental (2) Artificial (a) Justifiable (b) Criminal.
Natural abortion is the abortion occurring at any time
due to natural causes.
Justifiable or therapeutic abortion: Abortion
is justifiable only when it is done in good faith to save the
life of a woman, if it is materially endangered by the
continuance of pregnancy. The World Medical Association in 1970,
adopted a resolution on therapeutic abortion, known as
Declaration of Oslo.
Criminal abortion is the induced destruction and expulsion of
the foetus from womb of the mother unlwfully, i.e., when there
is no therapeutic indication for the operation.
Under S.312, IPC, whoever voluntarily causes criminal abortion
is liable for imprisonment up to 3 years, and/or fine; and if
the woman is quick with child, the imprisonment may extend up to
7 years.
If the means used to abort do not succeed, it is punishable
under S.511, IPC with imprisonment up to half of the punishment
under S.312.
Under S.313, IPC, if the miscarriage is caused without the
consent of the woman, the imprisonment may be up to 10 years.
Under S.314, IPC, if a pregnant woman dies from an act intended
to cause miscarriage, the offender is liable to be punished with
imprisonment up to 10 years.
Under S.315, IPC, a person doing an act intended to prevent the
child from being born alive or to cause to die after its birth
is liable to be punished with imprisonment up to 10 years.
Under S.316, IPC, causing death of quick unborn child by any act
amounts to culpable homicide, and the punishment may extend up
to 10 years imprisonment.
The medical termination of pregnancy act was
passed in 1971. Under this act, pregnancy can be terminated
under the following conditions: (1) Therapeutic (2) Eugenic (3)
Humanitarian (4) social.
Therapeutic abortion is indicated when the continuation of
pregnancy endangers the life of a woman or may cause serious
injury to her physical or mental health.
Eugenic: When there is risk of the child being
born with serious physical or mental abnormalities. This may
occur: (A) If the pregnant mother in the first three months
suffers from German measles, small-pox or chicken-pox, viral
hepatitis, toxoplasmosis, any severe viral infection (B) If the
pregnant mother is treated with drugs like thalidomide,
cortisone, etc (C) Mother is treated by X-rays or radio-isotopes
(D) Insanity of the parents
Humanitarian: when pregnancy is caused by rape
Social: (A) Failure of contraceptive techniques
in case of a married woman (B) when social or economic
environment, actual or reasonably expected can injure the
mother’s health.
Only a qualified RMP possessing experience can terminate
pregnancy. A RMP can qualify if he has assisted in performance
of 25 cases of M.T.P in a recognised hospital. The consent of
the woman is required before conducting abortion; written
consent of the guardian is required if the woman is a minor or
lunatic. Consent of husband is not necessary. The age of women
for abortion is over 18 years. MTP act, 1971 allows termination
of pregnancy up to 20 weeks. If the period of pregnancy is below
12 weeks, it can be terminated on the opinion of a single
doctor. If the period of pregnancy is between 12 and 20 weeks,
two doctors must give opinion that there is an indication. The
doctor is protected from any legal action for any damage caused
or likely to be caused in terminating pregnancy, provided he has
acted in good faith and exercised proper care and skill.
Methods of procuring criminal abortion:
(I) Abortifacient drugs: which produce congestion of the uterine
mucosa and then uterine bleeding, followed by contraction of the
uterine muscle and expulsion of the foetus, or they cause the
uterine contraction by stimulating the myometrium directly.
(i) Drugs that act directly on the uterus:
(A) Ecbolics: They increase uterine contraction and are likely
to cause abortion. Eg., Ergot, Hydrastis canadensis, Quinine,
Lead in the form of pills made from diachylon (lead oleate) or
lead palster is commonly used.
(B) Emmenagogues: They produce or increase menstrual flow. The
chiel of these are savin, borax, apiol, rue, laburnum,
oestrogens, sanguinarin, senacio, caulophyllin, hellebore, etc.
(iii) Irritants of the Genito-urinary tract: They produce reflex
uterine contractions, e.g., oil of pennyroyal, oil of tansy, oil
of turpentine, cantharides, etc
(iv) Irritants of the Gastro-intestinal tract: Any substance
which causes irritation of the colon may produce hyperaemia and
contractions of uterus. Saline cathartics, such as magnesium
sulphate or drastic purgatives, such as, aloes, calomel, castor
oil, croton oil, jalap, colocynth etc are commonly used.
(v) Drugs having poisonous effects on the body: (a) Inorganic
irritants: e.g., lead, copper, iron, mercury, and antimony (b)
Organic irritants: e.g., cantharides, unripe fruit of pappaya,
unripe fruit of pineapple, seeds of moringa, juice of calotropis,
bark of plumbago rosea, saffron, etc.
(II) General violence: It acts directly on the uterus, or
indirectly producing congestion of pelvic organs, or hemorrhages
between uterus and membranes.
(i) Intentional: (1) Severe pressure on abdomen by blows, kicks,
jumping, etc and massage of the uterus through the abdominal
wall. (2) Violent exercise like horse riding, cycling, jumping
from height, running upstairs, etc. (3) Cupping.
(ii) Accidental:
(III) Local violence: (1) Syringing (2) Rupture of the membranes
(3) Dilation of the cervix (4) Abortion stick (5) Air
insufflations (5) Electricity (6) Curettage (7) Pastes.
Methods for therapeutic abortion: The common
methods are
(1) Low rupture of membranes
(2) Utus paste injection
(3) Dilatation of cervix and oxytocic infusion, or a direct
injection of 10 units of oxytocin into the uterus causing
abortion
(4) Dilatation of the cervix and evacuation of the uterus by
curettage, during the first three months.
(5) Prostaglandins
(6) Amniotic fluid replacement therapy
(7) Vaccum aspiration.
(8) Abdominal hysterectomy
Doctor’s duties in a case of criminal abortion:
The doctor should keep all the information obtained by him as a
professional secret. He must ask the patient to make a statement
about the induction of criminal abortion. He must treat her to
the best of his ability. He must consult a professional
colleague. If the woman’s condition is serious, he must arrange
to record the dying declaration. If the woman dies, he should
not issue a death certificate, but he should inform the police.
INFANTICIDE
According to the Infanticide Act of England (1938), infanticide
means the unlawful destruction of a child under the age of one
year. In India, there is no such special Act, and as such there
is no difference between the murder of newborn infant and that
of any other individual. Foeticide is the killing of a fetus at
any time prior to birth.
A Stillborn child is one, which is born after
28th week of pregnancy, and which did not breathe or show any
other signs of life, at any time after being completely born.
Causes of still birth are: prematurity, anoxia of various types,
birth trauma especially intracranial hemorrhage due to excessive
moulding, placental abnormalities, toxaemias of pregnancy,
erythroblastosis foetalis, and many types of congenital defects.
A dead-born child is one which has died in
utero, and shows one of the following signs after it is
completely born.
Signs of dead-born are: (1) Rigor mortis at
delivery (2) Maceration (3) Mummification.
Maceration is a process of aseptic autolysis,
and is the usual change. This occurs when the dead child remains
in the uterus for about 3 or 4 days surrounded with liquor amnii
but the exclusion of air. The earliest sign of maceration is
skin slippage, which can be seen in 12 hours after the death of
the child in utero. The body of a macerated fetus is soft,
flaccid and flattens out when palced on a level surface. It has
a sweetish, disagreeable odour.
Spalding’s sign: Loss of alignment and
over-riding of the bones of the cranial vault occurs due to
shrinkage of the cerebrum after the death of the foetus. The
sign will develop within a few days of death of the foetus, but
often takes much longer time, sometimes even 2 to 3 weeks.
Mummification occurs when the fetus dies from deficient supply
of blood, when liquor amnii is scanty, and when no air enters
uterus.
Viability of the infant: Viability means the
physical ability of a fetus to lead a separate existence after
birth apart from its mother, by virtue of a certain degree of
development.
Livebirth means that the child showed signs of life when only
part of the child was out of the mother, though the child may
not have breathed or completely born. The causing of death of
such a child is homicide.
Live-birth is probable when:
(1) All the lobes of the lungs are fully expanded with or
without obstructive emphysema
(2) There is oedema of the lungs, especially gross
(3) An alveolar duct membrane is present and has widespread
distribution in the lungs
(4) Pulmonary atelectasis due to obstruction of an alveolar duct
membrane is present
(5) Contusions of the lung are present.
Tests for live birth:
(A) Static test o Fodere’s test: Average weight of both lungs
before respiration varies; 30 to 40 gm and after respiration 60
to 66 gm.
(B) Hydrostatic test: The specific gravity of lungs before
respiration varies from 1040 to 1050 and after respiration about
940, so it floats in water.
(C) Plocquet’s test: Weight of lungs to body. 1:70 – unrespired
lung, 1:35 – respired lung
(D) Wredin’s test: For air in the middle ear.
(E) Breslow’s sign: For air in stomach and duodenum.
Still-birth is probable in the presence of:
(1) Maceration of the infant
(2) Flooding of the lung with liquor amnii, and especially
evidence of phagocytosis of meconium by the cells lining the
cells
(3) Desquamation of the bronchial epithelium
(4) Distension of large bowel with meconium indicating a
struggle to breathe.
Meconium is the green viscid substance
consisting of thickened bile and mucus.
Caput succedaneum: is an area of soft swelling
that forms in the scalp over the presenting part of the head in
vertex presentations.
Cephalhematoma: is a localised accumulation of
blood deep to the scalp, between the periosteum and bone
surface.
Umbilical cord attached to the child shrinks and dries in 12 to
24 hours, and an inflammatory ring forms at the base in 36 to 48
hours. It mummifies on second to third day. The cord falls off
on the fifth or sixth day and leaves an ulcer, which heals and
forms a scar in 10 to 12 days.
Contraction of the umbilical arteries starts in about 10 hours
and is completely closed by third day. The umbilical vein and
ductus venous are closed on the fourth day. The ductus
arteriosus closes by tenth day, and foramen ovale by second or
third month.
Causes of death of the fetus may be due to (1)
Natural causes, and (2) Unnatural causes.
Natural causes: (i) Immaturity (ii) Debility
due to lack of genera development (iii) Congenital diseases (iv)
Malformations (v) Haemorrhage from the umbilical-cord, genital
organs, stomach, rectum, etc (vi) Post-maturity (vii) Pre-eclamptic
toxaemia (viii) Disease of the placenta or its accidental
seperation from the uterine wall (ix) Placenta praevia or
abnormal pregnancy (x) Neonatal infection (xi) Intrapartum or
ante-partum anoxia (xii) Cerebral birth trauma (xiii)
Erythroblastosis foetalis.
Unnatural causes: These may be (1) Accidental, and (2) Criminal
(1) Accidental causes: (a) During birth:
Prolonged labour, prolapse of cord or pressure on the cord,
twisting of the cord around the neck or knots of the cord,
injuries to the mother, death of the mother. (b) After birth:
Suffocation.
(2) Criminal causes: These may be (1) Acts of
commission, and (2) Acts of omission
(a) Acts of commission: Suffocation, strangulation, drowning,
burning, blunt head injury, fracture and dislocation of cervical
vertebrae, wounds, poison.
(b) Acts of omission or neglect.
The abandoning of infants: If the father or
mother of a child under the age of 12 years, or anyone having
the care of such child, leaves such a child in any place with
the intention of abandoning the child, shall be punished with
imprisonment up to 7 years (S. 317, IPC).
Concealment of birth: Whoever, secretly buries
or otherwise disposes of the dead body of a child, whether such
child dies before or after or during its birth, intentionally
conceals the birth of such child, shall be punished with
imprisonment up to 2 years (S. 318, IPC).
Sudden infant death syndrome (SIDS), or cot death or
crib death is defined as the sudden and unexpected death of
seemingly healthy infant, whose death remains unexplained even
after a complete autopsy. Accepted hypothesis is sleep apnoea.
Battered baby syndrome: A battered baby is one
who has received injuries as a result of non-accidental
violence, produced by a parent or guardian. The classical
features are the obvious discrepancy between the nature of
injuries, and explanation given by the parents, and delay
between the injury and medical attention which cannot be
explained.
Diagnosis of BBS: (1) Nature of injuries (2) time taken to seek
medical advice (3) recurrent injuries.
DD of BBS: Scurvy, congenital syphilis and osteogenesis
imperfecta, (except – osteomyelitis).
BLOOD STAINS
The source of the blood (human or animal) is determined by the
Serologist of the Government of India at Calcutta. All stains
should be sent to the SFSL.
The chemical tests depend on the presence in the blood stains of
an enzyme peroxidase, which in the presence of hydrogen
peroxide, oxidises the active ingredient of the reagent and
produces the characteristic coloured compound.
I. Benzidine test: Most reliable chemical test for blood. Add a
drop of saturated solution of benzidine in glacial acetic acid
and then a drop of 10 volumes hydrogen peroxide. If blood is
present, dark blue colour is produced immediately. A positive
reaction is given by blood of almost any age, blood that has
been exposed to heat or cold. It detects blood when present in a
dilution of one part of blood in 3 lakhs. If a negative reaction
is obtained it is certain that the stain is not blood. After
death, up to 150 years the test which is positive is Benzidine
test.
II. Micro chemical examination:
1. Red corpuscles.
2. Haemin crystal test (Teichmann's Test)—A small crystal of
sodium chloride and 2 to 3 drops of glacial acetic acid are
placed on a glass slide. Brownish-black rhombic crystals of
haemin or haematin chloride arranged singly or in clustors are
seen if blood is present.
3. Haemochromogen crystal test (Takayama test) – Place a small
piece of suspected material on a glass slide and add 2 or 3
drops of Takayama reagent (sodium hydroxide, pyridine, glucose),
and cover with a coverslip. Pink, feathery crystals of
hemochromogen or reduced alkaline hematin arranged in clusters,
sheaves, etc., appear in one to six minutes. It is delicate and
more reliable.
III. Spectroscopic examination:
— It is the most delicate, specific and reliable test for
detecting the presence of blood in both recent and old stains.
IV. Serological examination: This determines whether the blood
is derived from human being or from a lower animal.
(A) Immunological methods: (1) Precipitin test (2) Antiglobulin
consumption test (3) Gel diffusion (4) Double diffusion in agar
gel (5) Precipitation-electrophoresis
(B) Isoenzyme methods
For Blood Stains
1. Magrath test—If blood is present, luminescence is seen.
2. Takayama's test—Haemochromogen crystal test. Delicate and
reliable test. Pink, feathery structure.
3. Tiechmann's test—Haemin crystal test, microscopy test
4. Precipitin test—Confirm blood of human origin.
5. Phenolphthalein test—Kastle-Mayer test -> pink-purple, ex
mely delicate.
6. Benzidine test—Best preliminary test, blue colour.
7. Chromatography—Absorption spectroscopy is the best te
8. Guicum test—Deep blue.
9. Leuco malachite test—Peacock-blue colour.
FORENSIC PSYCHIATRY
Psychiatry deals with the study, diagnosis and treatment of
mental illness. Forensic psychiatry deals with the application
of psychiatry in the administration of justice.
Insanity or soundness of mind can be defined as
a disease of the mind or the personality, in which there is
derangement of the mental or emotional processes.
Aphasia: The loss of ability to express meaning
by the use of speech or writing (motor aphasia), or to
understand spoken or written language (sensory aphasia).
Delirium: It is a disturbance of consciousness
in which orientation is impaired, critical faculty is blunted or
lost and thought content is irrelevant or inconsistent. It
occurs in physical disease with high fever, overwork, mental
stress, metabolic disease, cerebral neoplasm or drug
intoxication. Such persons are not responsible for their
criminal acts.
Delusion: It is a false belief in something
which is not a fact, and which persists even after its falsity
has been clearly demonstrated. It is a disorder of thought.
Types:
(i) Grandeur or exaltation—A man imagines himself to be very
rich while in reality he is a pauper.
(ii) Persecution—Person imagines that attempts are being made to
poison him by his near relatives,
(iii) Reference—The person believes that people, things, events
etc. refer to him in a special way.
(iv) Influence—His thought, feelings and actions are being
influenced and controlled by some outside agencies.
(v) Infidelity—A man imagines his wife to be unfaithful while in
fact she is chaste.
(vi) Nihilistic—The person declares that he does not exist or
that there is no world seen in major depression.
(vii) Hypochondriacal—The person believes that there is
something wrong with his body, though in fact he is healthy.
Such person is not responsible for his antisocial act.
Hallucination is a false sense of perception,
without any external object or stimulus to produce it. They are
purely imaginary and may affect any or all the special sense
organs.
Types:
(i) Visual: A person imagines of being attacked by a lion when
no lion exists (most commonly seen in delirium).
(ii) Auditory: A person hears voices, when no one is present
(schizophrenia).
(iii) Olfactory: A person smells pleasant or unpleasant odour
when none is present.
(iv) Gustatory: A person feels different types of taste in the
mouth though no food actually is present.
(v) Tactile: A man imagines rats and mice crawling into his bed
(Magnan symptom or, cocaine bug).
Hallucinations occur in fevers, intoxications and insanity.
Visual and auditory hallucinations are most common. A person
suffering from unpleasant hallucination may commit suicide or
homicide. Olfactory hallucination is seen in temporal epilepsy.
Illusion is a false interpretation by the
senses of an external object or stimulus which has a real
existence e.g. a lion for a dog, or hears the notes of birds to
human voice, imagines a string to be snake, stem of a tree for a
ghost in dark. A sane person may experience illusion, but is
capable of correcting the false impressions. An insane person
continues to believe in the illusions even though the real facts
are clearly pointed out.
Impulse: This is a sudden and irresistible force
compelling a person to the conscious performance of some action
without motive or fore-thought. A sane person is capable of
controlling an impulse, but an in¬sane person may do things on
impulse.
Types:
(i) Kleptomania—An irresistible desire to steal articles of
little value.
(ii) Pyromania—An irresistible desire to set fire to things.
(iii) Mutilomania—An irresistible desire to mutilate animals.
(iv) Dipsomania—An irresistible desire for alcoholic drinks at
periodic intervals.
(v) Sexual impulses—including sexual perversions.
(vi) Suicidal and Homicidal impulses.
Obsession: In this, a single idea, thought or
emotion is constantly entertained by a person which he
recognises as irrational, but persists inspite of all efforts to
drive it from his mind. It is a disorder of content of thought.
Any attempt to resist makes them appear more insistent. It is a
borderline between sanity and insanity e.g. continuous checking
of bolting of door of husband's room, a wife may continuously
believe her husband to be unfaithful.
Phobia: It is an excessive or irrational fear
of a particular object or situation.
Lucid Interval: This is a period occurring in
insanity during which all the symptoms of insanity disappear
completely. The individual is able to judge his acts soundly and
he becomes legally liable for his acts. If he commits an
offence, he cannot be completely held responsible, because it is
difficult to know whether he was suffering from some mental
abnormality at the time of committing the offence. In mania and
melancholia, lucid intervals are common.
Difference between Psychosis and Neurosis
Trait
Psychosis Neurosis
1. Nature A disease entity with physical basis which determined
genetically------ A reaction to stressful circumstances due to
adverse childhood experience
2. Severity
Major Minor
3. Empathy
Absent Present
4 Contact with reality
Absent Present
5. Insight
Absent Present
Psychopath: A person who is neither insane nor
mentally defective, but fails to conform to normal standards of
behaviour.
Psychopathic disorder: It is a persistent disorder or
disability of mind which results in abnormally aggressive or
seriously irresponsible conduct or a part of the person.
Psychopathic personality: An antisocial person
who has been emotionally unstable from childhood or adolescence,
but has normal intelligence. He lacks foresight and fails to
learn from punishment.
Psychoses: They are characterised by a
withdrawal from reality; a living in a world of fantasy.
Neuroses: The patient suffers from emotional or
intellectual disorders, but he does not lose touch with reality.
Neurasthenia: It is a condition of nervous
exhaustion due to physical or mental conditions. There is
abnormal fatigue and irritability of the nervous system.
Mutism: It is complete loss of speech. It is
seen in hysteria, catatonic schizophrenia, depression, organic
brain lesion and malingering.
Causes of Insanity:
(i) Hereditary, e.g. Huntington's chorea and amaurotic family
idiocy.
(ii) Environmental factors e.g. faulty parental attitude and
lack of mental hygiene.
(iii) Psychogenic e.g. unsuccessfully repressed mental
conflicts.
(iv) Precipitating e.g. financial and business worries,
frustrations and disappointment in sexual affairs, death of
close relatives, senile degeneration, myxoedema, pernicious
anemia etc.
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