A 26-year-old woman with 70% burns is conscious and oriented in the casualty of a district hospital. She says her husband set her on fire. Her condition is deteriorating fast and no magistrate can arrive in time. What should the casualty medical officer do?

Record her statement, with witnesses

Wait for the magistrate to arrive

Record it with the accused present

Put her on oath before recording

A 22-year-old student arrested during a protest is taken to the district hospital soon after arrest. The medical officer finds several fresh linear bruises across his back, which the student says were caused by lathi blows. What must the medical officer do with the examination report?

Give a copy to the arrested person or his nominee

Send it only to the State Human Rights Commission

Keep it sealed until a court asks for it

Hand it only to the officer who made the arrest

A government doctor who did an autopsy in Bihar has since been posted to a hospital in Kerala. The sessions court in Patna needs his evidence in the murder trial. Under the BNSS, how can the court record his evidence without his travelling to Patna?

Through audio-video electronic means

Through the inquest officer reading his report

Through a sworn affidavit sent by post

By accepting his report without any deposition

At 2 am the police bring a 19-year-old woman to a community health centre for medical examination after she reports sexual assault. The only doctor on duty is a male medical officer. She agrees to be examined. What should he do?

Examine her now, with a female attendant present

Examine her only after a copy of the FIR arrives

Refer her to a female doctor at the district hospital

Wait for a magistrate's written order

Legal procedures under BNSS and BSA; medical evidence

22 NEET-PG practice questions on Legal procedures under BNSS and BSA; medical evidence, part of Forensic Medicine. The first 22 are below; the first 5 with answers and explanations (tap Show answer after you have chosen), the rest in Learn with a free account.

Question 1 · Medium
A 26-year-old woman with 70% burns is conscious and oriented in the casualty of a district hospital. She says her husband set her on fire. Her condition is deteriorating fast and no magistrate can arrive in time. What should the casualty medical officer do?
1. ARecord her statement, with witnesses
2. BWait for the magistrate to arrive
3. CRecord it with the accused present
4. DPut her on oath before recording
Show answerHide answer
Answer: A · Record her statement, with witnesses
A dying declaration is a statement by a person about the cause or circumstances of her death, and it remains admissible under the Bharatiya Sakshya Adhiniyam, 2023, which replaced the Indian Evidence Act. A magistrate is preferred, but when death is imminent the doctor should record it, in her own words, in the presence of witnesses, and certify that she was conscious and in a fit state of mind. No oath is administered and the accused need not be present. Waiting can lose the only direct account of the crime.
- B: Waiting risks death before any statement is recorded.
- C: The accused's presence and cross-examination belong to a dying deposition before a magistrate.
- D: No oath is given for a dying declaration.
Question 2 · Medium
A 22-year-old student arrested during a protest is taken to the district hospital soon after arrest. The medical officer finds several fresh linear bruises across his back, which the student says were caused by lathi blows. What must the medical officer do with the examination report?
1. ASend it only to the State Human Rights Commission
2. BKeep it sealed until a court asks for it
3. CHand it only to the officer who made the arrest
4. DGive a copy to the arrested person or his nominee
Show answerHide answer
Answer: D · Give a copy to the arrested person or his nominee
Under Section 53 of the BNSS (formerly Section 54 CrPC), an arrested person is examined by a medical officer soon after arrest, who records any injuries or marks of violence with the approximate time they were caused. A copy of the report must be given to the arrested person or a person nominated by him. This protects both the detainee and the police: injuries present at arrest are documented, and new ones can be traced to the period of custody. Injuries alleged to be from police violence must also be described precisely, with their likely age and weapon.
- A: The law requires a copy for the arrested person; the commission is not the only recipient.
- B: Sealing it defeats the purpose of documenting injuries for the detainee's protection.
- C: The report is not for the police alone; the arrested person is entitled to a copy.
Question 3 · Easy
The medical records officer of a district hospital receives a summons from a sessions court directing him to appear on a given date and to bring the original case sheet of an assault victim. What is this type of summons called?
1. AWarrant of arrest
2. BSubpoena ad testificandum
3. CCommission for evidence
4. DSubpoena duces tecum
Show answerHide answer
Answer: D · Subpoena duces tecum
A summons (subpoena) is a written order to attend court on a given date, with a penalty for failing to do so. A subpoena ad testificandum orders a person to attend and give evidence; a subpoena duces tecum orders him to attend and also bring specified documents, such as case sheets, X-rays or registers. A certified copy of the record should be kept in the hospital before the original leaves. A warrant is issued only when a witness fails to obey a summons without lawful excuse.
- A: A warrant of arrest is used when a witness ignores a summons.
- B: A subpoena ad testificandum requires attendance to give evidence, not the production of documents.
- C: A commission records the evidence of a witness who cannot attend, at another place.
Question 4 · Medium
A government doctor who did an autopsy in Bihar has since been posted to a hospital in Kerala. The sessions court in Patna needs his evidence in the murder trial. Under the BNSS, how can the court record his evidence without his travelling to Patna?
1. AThrough the inquest officer reading his report
2. BThrough audio-video electronic means
3. CThrough a sworn affidavit sent by post
4. DBy accepting his report without any deposition
Show answerHide answer
Answer: B · Through audio-video electronic means
The BNSS allows trials, inquiries and proceedings, including the recording of evidence, to be held in electronic mode by audio-video electronic means. A doctor can thus depose from a court or approved place near his posting, and be cross-examined, without long travel that takes him away from patients. His evidence is still given on oath and tested by cross-examination. Evidence by affidavit is limited to matters of a formal character, not a doctor's opinion on the cause of death.
- A: The inquest officer cannot give the doctor's expert opinion.
- C: Affidavit evidence is limited to formal matters; an opinion on cause of death must be open to cross-examination.
- D: The autopsy report alone is not substantive evidence without the doctor's deposition.
Question 5 · Medium
At 2 am the police bring a 19-year-old woman to a community health centre for medical examination after she reports sexual assault. The only doctor on duty is a male medical officer. She agrees to be examined. What should he do?
1. AExamine her only after a copy of the FIR arrives
2. BRefer her to a female doctor at the district hospital
3. CExamine her now, with a female attendant present
4. DWait for a magistrate's written order
Show answerHide answer
Answer: C · Examine her now, with a female attendant present
Under Section 184 of the BNSS (formerly Section 164A CrPC), a survivor of sexual assault is examined, with her consent, by a registered medical practitioner, preferably in a government hospital, without delay. The law does not require a female doctor; a male doctor may examine her with a female attendant present, as the MoHFW 2014 guidelines also advise. Delay loses trace evidence and denies her treatment, including emergency contraception and prophylaxis against infection. Hospitals that refuse to treat a survivor commit an offence.
- A: An FIR is not a precondition for examination or treatment.
- B: Referral delays evidence collection and care, and the law does not need a female doctor.
- D: No magistrate's order is needed when the survivor consents and the police request the examination.
Question 6 · Medium
A medical officer deposes in a sessions court about injuries he found on an assault victim. One counsel asks him, 'Isn't it true that these injuries could be caused by a fall on a stony road?' At which stage of his evidence is this form of question freely allowed?
1. APreparation of the police inquest report
2. BRe-examination by the prosecutor
3. CExamination-in-chief by the prosecutor
4. DCross-examination by the opposing counsel
Answer and explanation in LearnFree account
Question 7 · Medium
A surgeon at a district hospital receives two summonses for the same morning: one from a civil court in a property suit and one from the sessions court in a murder trial in which he did the autopsy. What should he do?
1. AAttend the civil court, as its summons came first
2. BAttend the sessions court and inform the civil court
3. CAttend the court nearer to his hospital
4. DAttend neither and send his written reports
Answer and explanation in LearnFree account
Question 8 · Easy
A 29-year-old man is tried by a Judicial Magistrate of the first class in Kerala for voluntarily causing hurt to a doctor in a casualty ward, and is found guilty. Under the BNSS, what is the maximum term of imprisonment this magistrate can pass?
1. AOne year
2. BThree years
3. CSeven years
4. DTen years
Answer and explanation in LearnFree account
Question 9 · Medium
A private practitioner is summoned by a civil court to give evidence about injuries he treated, in a suit for damages after a fall in a shopping mall. He asks the court clerk when he will receive his fee. When is a doctor entitled to conduct money?
1. AAfter deposing, in any criminal case
2. BOnly when called as an expert witness
3. CAt service of summons, in a civil case
4. DNever, as attending court is unpaid
Answer and explanation in LearnFree account
Question 10 · Medium
A 40-year-old farmer died two days after drinking an unknown liquid. The autopsy surgeon preserved the viscera, and the report of the Chemical Examiner at the State Forensic Science Laboratory detects an organophosphate compound. How is this report used at the trial?
1. ANot usable, being hearsay of an absent expert
2. BUsed as evidence without calling the chemist
3. CValid only once the autopsy surgeon confirms it
4. DValid only if the chemist deposes in person
Answer and explanation in LearnFree account
Question 11 · Medium
A body with multiple chop wounds is found in a house in Nagpur, and a case of murder is registered. Under the BNSS, which step is now required at the crime scene for an offence punishable with seven years' imprisonment or more?
1. AA forensic expert's visit to collect evidence
2. BAn autopsy by a board of three doctors
3. CA magistrate's inquest before the autopsy
4. DNarco-analysis of the person who found the body
Answer and explanation in LearnFree account
Question 12 · Medium
A 38-year-old man brought to casualty with deep burns tells the medical officer, who records it with two witnesses present, that his brother poured kerosene on him. He survives after six weeks in the burns ward and later testifies in court. How can the recorded statement be used?
1. AAs a dying deposition, since it was witnessed
2. BIt cannot be used for any purpose at all
3. COnly to corroborate or contradict his testimony
4. DAs a dying declaration, carrying full weight
Answer and explanation in LearnFree account
Question 13 · Medium
A 30-year-old man arrested for a stabbing is brought to the district hospital by a sub-inspector, who asks in writing for an examination of his hands and clothes and for a blood sample. The man refuses. What should the medical officer do?
1. ARefuse, as an adult may decline any examination
2. BExamine him, using reasonable force if necessary
3. CExamine him only after a magistrate's order
4. DExamine him only with his advocate's consent
Answer and explanation in LearnFree account
Question 14 · Easy
A 50-year-old shopkeeper with a stab wound of the abdomen tells the casualty medical officer, in front of a nurse, that his neighbour stabbed him. He dies in the operation theatre two hours later. Under which provision will the prosecution rely on his statement at the trial?
1. ASection 32, Bharatiya Sakshya Adhiniyam
2. BSection 26, Bharatiya Sakshya Adhiniyam
3. CSection 194, Bharatiya Nagarik Suraksha Sanhita
4. DSection 39, Bharatiya Sakshya Adhiniyam
Answer and explanation in LearnFree account
Question 15 · Hard
A 26-year-old woman died suddenly at her husband's home in Kottayam and was buried in the parish cemetery. Four years later her brother alleges that she was poisoned, and an exhumation is planned. Consider four statements: 1. The exhumation is done on the written order of a magistrate. 2. Indian law sets no time limit after burial for exhumation. 3. In suspected poisoning, soil from above, below and beside the coffin is sent for analysis with a control sample. 4. When the grave is old, the police may exhume and examine the body without a doctor. Which statements are correct?
1. A1, 2 and 3 only
2. B2, 3 and 4 only
3. C1 and 2 only
4. D1, 2 and 4 only
Answer and explanation in LearnFree account
Question 16 · Hard
A 45-year-old man with a stab wound of the abdomen and a falling blood pressure wants to name his attacker before surgery. No magistrate can come in time, so the casualty medical officer prepares to record a dying declaration. He recalls four points: 1. A statement made only by gestures or nods, without words, is inadmissible. 2. He should note that the patient is conscious and oriented, before and after the statement. 3. The statement should be written in the patient's own words, in the language he speaks. 4. Under Indian law it is admissible even if the patient did not believe he was dying. Which points are correct?
1. A2, 3 and 4 only
2. B2 and 3 only
3. C1, 3 and 4 only
4. D1 and 2 only
Answer and explanation in LearnFree account
Question 17 · Hard
A 24-year-old woman married three years ago is brought dead to a taluk hospital with 85% burns from a kitchen fire. Her parents say she was repeatedly harassed by her husband and in-laws for a car as dowry, most recently a week before the fire. Which inquest is required, and which offence does the case point to?
1. AMagistrate's inquest; dowry death, BNS Section 80
2. BMagistrate's inquest; abetment of suicide, BNS Section 108
3. CPolice inquest only; dowry death, BNS Section 80
4. DPolice inquest only; murder, BNS Section 103
Answer and explanation in LearnFree account
Question 18 · Easy
A 27-year-old undertrial prisoner is found dead in his cell in a district jail. His family alleges that he was beaten by the jail staff. Which inquest is mandatory in this death?
1. AInquest by a coroner
2. BInquest by the police station officer
3. CInquest by a Judicial Magistrate
4. DInquest by the jail superintendent
Answer and explanation in LearnFree account
Question 19 · Medium
At a murder trial in a sessions court, the autopsy surgeon states that a chest wound was caused by a single-edged knife and was sufficient in the ordinary course of nature to cause death. He did not see the stabbing. On what basis can the court consider his opinion?
1. AAs a statement recorded under the inquest report
2. BAs hearsay allowed under Section 194 of the BNSS
3. CAs expert opinion under Section 39 of the BSA
4. DAs a dying declaration under Section 26 of the BSA
Answer and explanation in LearnFree account
Question 20 · Hard
A 55-year-old man is found dead in an irrigation canal near Vijayawada. The station house officer starts an inquest. A house surgeon on a forensic posting lists four statements about it: 1. It is held under Section 194 of the BNSS. 2. It is held in the presence of two or more respectable inhabitants of the area. 3. The inquest report gives the final cause of death after the autopsy is complete. 4. The inquest report is forwarded to the District or Sub-divisional Magistrate. Which statements are correct?
1. A1, 2 and 4 only
2. B1 and 2 only
3. C1, 2 and 3 only
4. D2 and 4 only
Answer and explanation in LearnFree account
Question 21 · Medium
A medical officer who issued a wound certificate describing a stab wound now tells the court, under pressure, that the wound could have been self-inflicted, contrary to his written opinion and with no new findings. The prosecutor wishes to question him as an adverse witness. Who can declare him hostile?
1. AThe defence counsel, by an objection
2. BThe prosecutor, by his own decision
3. CThe judge, at the prosecutor's request
4. DThe investigating police officer
Answer and explanation in LearnFree account
Question 22 · Medium
A magistrate is called to a hospital to record the statement of a 32-year-old woman with 80% burns. Her condition allows time, so he decides to record a dying deposition rather than a dying declaration. Which feature makes the deposition carry more weight at the trial?
1. AThe doctor certifies the declarant as fit
2. BIt is recorded by a magistrate, not a doctor
3. CIt is witnessed by two independent people
4. DThe accused may cross-examine the declarant
Answer and explanation in LearnFree account

Legal procedures under BNSS and BSA; medical evidence

A 26-year-old woman with 70% burns is conscious and oriented in the casualty of a district hospital. She says her husband set her on fire. Her condition is deteriorating fast and no magistrate can arrive in time. What should the casualty medical officer do?

A 22-year-old student arrested during a protest is taken to the district hospital soon after arrest. The medical officer finds several fresh linear bruises across his back, which the student says were caused by lathi blows. What must the medical officer do with the examination report?

The medical records officer of a district hospital receives a summons from a sessions court directing him to appear on a given date and to bring the original case sheet of an assault victim. What is this type of summons called?

A government doctor who did an autopsy in Bihar has since been posted to a hospital in Kerala. The sessions court in Patna needs his evidence in the murder trial. Under the BNSS, how can the court record his evidence without his travelling to Patna?

At 2 am the police bring a 19-year-old woman to a community health centre for medical examination after she reports sexual assault. The only doctor on duty is a male medical officer. She agrees to be examined. What should he do?

A medical officer deposes in a sessions court about injuries he found on an assault victim. One counsel asks him, 'Isn't it true that these injuries could be caused by a fall on a stony road?' At which stage of his evidence is this form of question freely allowed?

A surgeon at a district hospital receives two summonses for the same morning: one from a civil court in a property suit and one from the sessions court in a murder trial in which he did the autopsy. What should he do?

A 29-year-old man is tried by a Judicial Magistrate of the first class in Kerala for voluntarily causing hurt to a doctor in a casualty ward, and is found guilty. Under the BNSS, what is the maximum term of imprisonment this magistrate can pass?

A private practitioner is summoned by a civil court to give evidence about injuries he treated, in a suit for damages after a fall in a shopping mall. He asks the court clerk when he will receive his fee. When is a doctor entitled to conduct money?

A 40-year-old farmer died two days after drinking an unknown liquid. The autopsy surgeon preserved the viscera, and the report of the Chemical Examiner at the State Forensic Science Laboratory detects an organophosphate compound. How is this report used at the trial?

A body with multiple chop wounds is found in a house in Nagpur, and a case of murder is registered. Under the BNSS, which step is now required at the crime scene for an offence punishable with seven years' imprisonment or more?

A 38-year-old man brought to casualty with deep burns tells the medical officer, who records it with two witnesses present, that his brother poured kerosene on him. He survives after six weeks in the burns ward and later testifies in court. How can the recorded statement be used?

A 30-year-old man arrested for a stabbing is brought to the district hospital by a sub-inspector, who asks in writing for an examination of his hands and clothes and for a blood sample. The man refuses. What should the medical officer do?

A 50-year-old shopkeeper with a stab wound of the abdomen tells the casualty medical officer, in front of a nurse, that his neighbour stabbed him. He dies in the operation theatre two hours later. Under which provision will the prosecution rely on his statement at the trial?

A 27-year-old undertrial prisoner is found dead in his cell in a district jail. His family alleges that he was beaten by the jail staff. Which inquest is mandatory in this death?

At a murder trial in a sessions court, the autopsy surgeon states that a chest wound was caused by a single-edged knife and was sufficient in the ordinary course of nature to cause death. He did not see the stabbing. On what basis can the court consider his opinion?

A magistrate is called to a hospital to record the statement of a 32-year-old woman with 80% burns. Her condition allows time, so he decides to record a dying deposition rather than a dying declaration. Which feature makes the deposition carry more weight at the trial?