Latest from Medico-Legal

Beyond The Bench: The Moral And Legal Debate On Court-Ordered Late-Term Pregn...

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Beyond the Bench: The Moral and Legal Debate on Court-Ordered Late-Term Pregnancy Termination Justice vs. Ethics: The Controversial Reality of Court-Ordered Late-Term Pregnancy Termination ...

Toxic Truths: Exploring The Challenges In Modern Forensic Toxicology

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Forensic toxicology plays a critical role in criminal investigations by analysing biological and environmental samples to identify toxic substances related to drug overdoses, poisonings, and im...

Promoting Breastfeeding and Safeguarding Infant Health: A Critical Review of ...

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Abstract The Infant Milk Substitutes, Feeding Bottles, and Infant Foods (Regulation of Production, Supply, and Distribution) Act, 1992, commonly referred to as the IMS Act, was enacted in I...

Consumer Protection Act: Medical Profession Feels like Having Been Caged with...

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Q>Please examine the three statements and rephrase them and provide alternatives Need to define in medical context general terms used to adjudicate medical negligence Ill defined legal pr...

The DNA Doe Project: Restoring Identity to the Nameless

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In a world where identity is often taken for granted, the DNA Doe Project (DDP) stands as a beacon of hope, dedicated to returning names and stories to the unidentified deceased. Founded in 201...

Need To Define In Medical Context General Terms Used For Adjudicating Medical...

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Several terms are used as legal principle or legal propositions for adjudicating negligence. They are used as their dictionary meaning. When used in specific medical negligence, they need to be...

Dental Records: Unearthing Identity In Forensic Investigations

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In forensic science, the ability to identify human remains is crucial for solving crimes and providing closure. Among the bodily elements that can survive trauma and decomposition, teeth stand ...

Private Labs Analyzing Forensic Evidence: Pros and Cons and Legal Admissibility

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The increasing trend of permitting private laboratories to process forensic evidence, such as DNA and fingerprints, marks a significant departure from the established practice of relying primar...

Medical Negligence Adjudication: The Tug-of-War Between Legal and Medical Sta...

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Medical Negligence Adjudication: The Tug-of-War Between Legal and Medical StandardsLegal Versus Medical Precedence in Medical Negligence Cases Judges wear legal professionalism and precedent a...

Is Post Mortem Report Dependent On Viscera Examination Report?

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The post mortem report serves as a critical document in medico-legal investigations, with the primary goal of establishing the cause, manner, and time of death. While a thorough autopsy entails...

Legal Systems In Common Law Countries And Civil Law Countries: Common Man's D...

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Legal systems in 'common law countries' and 'civil law countries': Common man's dilemma; 'Court of Justice' and 'Court of Law' compound the issue. A Tale of Two Systems: Common Law and Civil...

The Ambiguity Of Legal Principles In Medical Negligence Cases: A Critical Ana...

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The Ambiguity of Legal Principles in Medical Negligence Cases: A Critical Analysis Navigating the Vagueness: Challenges in Applying Legal Constructs to Medical Negligence Legal principles u...

Gross Medical Negligence Is Too Gross A Concept To Assign Criminal Liability

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Gross Medical Negligence is Too Gross a Concept to Assign Criminal Liability Criminalizing Medical Mistakes: A Controversial Perspective   Q. What are adjectives, like gross, reckless, ...

The Case of a Precious Pregnancy: Medico-legal Dilemma

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The Case of a Precious Pregnancy: Medico-legal Dilemma Balancing Life and Law: The Challenges of a Precious Pregnancy Pregnancy is not a disease, but when it becomes one it is sudden and life t...

Medical Negligence Liability Awards under CPA: The Chaos Created

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Medical Negligence Liability Awards under CPA: The Chaos Created Accountability vs. Anarchy: Medical Negligence under the Consumer Protection Act Between Justice and Chaos: Liability for Medi...

Medical Negligence Liability Awards under CPA: The Chaos Created

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Medical Negligence Liability Awards under CPA: The Chaos Created Accountability vs. Anarchy: Medical Negligence under the Consumer Protection Act Between Justice and Chao...

Medical Negligence: Accountability, Liability and Immunity

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There is no immunity for an offense, but for liability, there is substantial immunity for a physician. "Accountability vs. Immunity: The Physician's Paradox" "Accountable Yet Not Liab...

The Principle In Forensic Science: Its Significance In Criminal Investigations

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Forensic science is that branch of scientific investigation concerned with the basic rules and procedures for analyzing evidence in connection with crimes. These laid principles ensure systemat...

Mandatory Exceptions: Prerequisites for Medical Negligence Proceedings

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Q. Medical negligence is actionable when it results into a bodily harm – physical, physiological or functional – to the patient consequent to a treatment by a physician. Bodily hurt, injury, gr...

Mistakes In Medical Practice Are Real Time Live Lessons For Competence Enhanc...

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Mistakes in medical practice are real time live lessons for competence enhancement: crime if you do not learn from it.   There are no mistakes, save one: the failure to learn from a mistak...

Awarding Compensation in Medical Negligence: Analysis of Krishna Ayer v/s Tam...

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Medical negligence cases represent a critical intersection of law, ethics, and healthcare. They have far-reaching consequences, impacting not only the lives of individual patients and their fam...

Applicability of ratio dicidendi in Bar of Indian Lawyers case to medical pro...

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"The ratio decidendi is "the point in a case that determines the judgment" or "the principle that the case establishes". In other words, ratio decidendi is legal rule derive...

Indian Medical Association v/s V.P. Shantha: A Pivotal Judgment on Medical Ne...

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The Indian Medical Association v. V.P. Shantha & Others (1995) case is a seminal judgment delivered by the Supreme Court of India that brought medical services within the purview of the Con...

Fault Lines In Placing And Adjudicating Medical Negligence Under CPA

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Q. Medical negligence is – Ill-defined offence (Ratan Lal Dheeraj Lal) Adjudicated by ill-defined consumer forums (CPA 1986) Following an ill-defined procedure of summary trial (Jacob ...

Differences Between Suicidal (Or Self-Inflicted) And Homicidal Cuts

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Suicidal Cut:Suicidal or Self-inflicted cuts indicative of suicidal intent are typically located on easily reached body areas like the wrists, neck, or inner forearms. These wounds commonly app...

Expert Testimony and Medical Negligence: Distinguishing Reality from Fiction

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Q. Given that judicial officers lack specialized knowledge in the complex field of medicine, it is customary to rely on 'expert opinions' when adjudicating cases of medical negligence. However, nei...

Medical Negligence And Vicarious Liability: A Comprehensive Analysis Of The S...

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The Supreme Court of India's decision in Maharaja Agrasen Hospital & Ors. v. Master Rishabh Sharma & Ors.(2020) 6 SCC 501, stands as a pivotal judgment addressing the intricate relation...

Laws-In-Medicine And Laws-As-Medicine: A Crucial Debate Apropos Medical Negli...

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A medical professional practices bed-side medicine and not law. A judicial officer practices law and not medicine while adjudicating in a case of medical negligence. Transgressing their respect...

Understanding Medical Negligence and Accountability: A Critical Analysis of L...

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Doctors are among the noblest professions. To carry out this profession with all the care and responsibility, doctors are bound by the Hippocratic Oath. When a health service provider violates ...

The Impact of Laboratory Errors on DNA Analysis

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While DNA analysis is widely considered a robust and reliable tool in forensic science, it's crucial to acknowledge that, like all scientific methodologies, it is susceptible to errors. These e...

Legal Protection For Healthcare Whistleblowers In India

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Healthcare sector plays a pivotal role in overall development and well being of a society. It is indeed an important segment for determining a country's overall human development index and stan...

Medical Council of India (National Medical Commission) is the statutory custo...

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As the licensing authority, Medical Councils act as custodians of medical practitioners, ensuring they adhere to professional and ethical standards. However, their role should also encompass pr...

Disciplinary Jurisdiction of Medical Council is Confined to Ethical Duties an...

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Ethics is knowing the difference between what you have a right to do and what is right to do. Potter Stewart. In law a man is guilty when he violates the rights of others. In ethics he is guil...

Expert Opinion In Medical Negligence Cases, Vital Input, Ill-Defined: AI Debate

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"An expert is a man who has made all the mistakes which can be made, in a narrow field" Niels Bohr "For every expert, there is an equal and opposite expert." Arthur C. Clarke Expert input, 'e...

Legal Principles and Legal Constructs Developed to Adjudicate Medical Negligence

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Legal Principles vs. Legal Fictions in Medical Negligence "An ambiguous law is a dangerous one because it allows for the concept to be misused, neglected or worse, weaponised." -- Aysh...

The Right to Die with Dignity

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Article 21 of the Indian Constitution, a fundamental right, states that "no one shall be deprived of his life or personal liberty except according to the procedure established by law."...

Legal Complexities in Medico-Legal Consent: A Physician's Dilemma

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Navigating Medico-Legal Consent: A Labyrinth of Challenges Q. Consent is an essential legal requirement before a physician does any intervention or provides treatment to a patient. Consent is no...

Understanding Patient Consent, Rights And Responsibilities

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This project explores the fundamental aspects of patient consent, rights, and responsibilities within the healthcare system. It aims to provide a comprehensive understanding of the legal, ethic...

Lawless Provision Sec 106(1) Of The Bhartiya Nyaya Sanhita: An Artificial Int...

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Q. What is a lawless law? What ingredients of a law render it lawless? A "lawless law" is a term used to describe a law that, despite being enacted, fails to uphold the principles of j...

Role of Autopsy Surgeons in Determining Firearm Types in Fatal Shootings: Ins...

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This paper investigates the essential role that forensic pathologist, commonly known as autopsy surgeon, plays in identifying the type of firearm involved in fatal shooting incidents. Although ...

Lawless Application Of Medical Negligence Laws: Jinxed Jurisprudence

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"There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so m...

Addressing the Mental Health Crisis Among the New Generation: Causes and Solu...

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The Mental Health Crisis Among the New Generation: Causes and Solutions In recent years, depression and anxiety have become prevalent issues among the younger generation. The World Health O...

The Salient Features of the Indian Medical Council Act: A Legal Analysis

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The Indian Medical Council Act, originally enacted in 1956, stands as a foundational statute governing medical education and the regulation of medical professionals in India. This Act's overarc...

Combating Human Organ Trafficking and Transplantation in India

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"Eventually, red markets have the nasty social side effect of moving flesh upward, never downward through social classes. Even without a criminal element, unrestricted free markets act like vam...

Key Qualities, Manipulations, Negligence and Ethical Challenges in Postmortem...

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The credibility of forensic investigations and the legal system as a whole are seriously threatened by manipulation, negligence, and unethical behaviour during postmortem examinations. Breaking...

Plight Of A Lady After Artificial Insemination: Ethic-Legal Dillema

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Q. A woman is treated for infertility by a doctor claiming to be a specialist in `reproductive medicine' and 'infertility'. The husband of the patient is diagnosed to be azoospermia (no sperms ...

Junk DNA: Is it Really Junk-or a Code Waiting to Be Cracked?

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The idea that our genetic material contains Junk DNA is fading. Many DNA segments that were previously believed to be worthless now have important functions, according to recent studies. These ...

Ethical Dilemma and AI Debate: Parents Default on Hospital Bill for Children ...

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Children on therapeutic ventilation in a fee-for-service hospital. Parents default in paying the mounting bill. An ethical dilemma. AI debate. Q. Cases Of Children On Ventilators In the Intensi...

Autopsy in Indian Criminal law

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In India, autopsies (also known as postmortem examinations) are a crucial part of the investigative process in cases of unnatural, suspicious, or criminal deaths, particularly in murder cases. ...

Baccha Girao, Khudko Bachao: Right To Abortion In India

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This paper addresses the very complex environment of abortion rights in India by tracing these interactions between legal structures, social factors, and healthcare systems in which women's rep...

Triage For Admission To The Intensive Cardiac Care Unit Of A Government Hospi...

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Q. The doctor in–charge of admission to the Intensive Cardiac Care Unit (ICCU) has just learnt that a bed in the unit has fallen vacant. He has information of three cases waiting for admission. ...

Memory Forensics And Its Relevance In Indian Cases

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Memory forensics is an advanced field of digital forensics that involves the analysis of volatile memory (RAM) to extract valuable evidence from computer systems. This discipline has gained sig...

Validity Of Including Health Care In CPA: An AI Response Based Debate

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Q. Medical profession, health care, in Consumer Protection Act 2019. There is nothing in this new Act to infer that health care services are included in the Act.The relevant provisions are disc...

Surrogacy In India: A Baffling Legal Construct

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The successful delivery of first IVF child, Kanupriya alias Durga, in Kolkata on October 3rd,1978 gave the Indian population hope for surrogacy as an alternative reproductive technique (ART).Th...

Eggshell Skull Principle

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Introduction to the Eggshell Skull PrincipleThe Eggshell Skull Principle, also known as the Thin Skull Rule, is a critical doctrine in tort law asserting that a defendant is liable for the full e...

Two Major Legal Woes That Plague Doctors In India

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Medical fraternity in India is greatly agitated on the two woes inflicted on the profession. First, the inadvertent mischief caused by inclusion of Health Care as service in Consumer Protection...

Criminal Psychology: Understanding the Human Mind Behind the Crime

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"Every criminal act carries the weight of a human story, urging us to listen and learn.".... Vishal Banga Introduction Criminal psychology is an interdisciplinary field that combine...

The Right To Privacy In Medical Cases: Balancing Confidentiality

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In the digital era, social media has revolutionized communication, allowing rapid and global dissemination of information. However, this freedom has led to a rise in social media defamation, wh...

Codified Medicine as STGs, SOPs and CPs provide the well defined, objective a...

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The complexities and challenges in evaluating medical negligence cases need attention of the judiciary. The intersection of law and medicine presents unique difficulties, particularly when lega...

Adjudicating Medical Negligence under the Codified and the Uncodified Law: In...

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Medical act of providing treatment by a licensed medical practitioner can never be a criminal act. To presume the same is inherently incongruous. Q. Medical negligence is adjudicated under: ...

A Study Of The Key Factors Leading To The Rise Of Clinical Trial Regulations

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This paper explores the evolution of clinical trial regulations, tracing their origins and key milestones from early practices to the establishment of comprehensive legal frameworks. It begins ...

Civil Medical Negligence or Civil Liability for Criminal Medical Negligence: ...

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Q. There is no legal definition of negligence and certainly none for Medical Negligence. Supreme Court in the lead case, Jacob Mathew, adopted the definition from Ratan Lal Dheeraj Lal's Indian...

Tamil Nadu Medical Council v/s Dr.Easwaran Dnb Frcs and Indian Medical Council

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Tamil Nadu Medical Council ...Petitioner Versus Dr. Easwaran Dnb Frcs and Indian Medical Council ...Respondents Facts Of The Case Dr. Easwaran Dnb Frcs, the 1st respondent is surgeon. His fat...

Stop Demonizing Doctors

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Demonizing doctors through ill-informed medical negligence CPA decisions should be effectively countered Q. Ill adjudicated medical negligence cases, by lay judiciary, under summary trial of C...

Ransomware Threats In Indian Healthcare: A Cyber Terrorism Perspective

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Worldwide, Ransomware has emerged as a serious danger to users of computers and mobile devices, with the healthcare industry being particularly vulnerable. Ransomware is a serious danger in Ind...

The Role of Forensic Science in Narcotic Drugs and Psychotropic Substances (N...

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Forensic science plays a critical role in criminal investigations worldwide, with its application varying across jurisdictions due to differences in resources, legal standards, and cultural fac...

Understanding Medical Device Regulations In India: A Guide To Regulatory Comp...

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The regulation of medical devices is a crucial aspect of public health policy, ensuring that innovative healthcare solutions are safe and effective for patient use. In India, the landscape of m...

Legal Over Reach For Patient Autonomy Corrodes Professional Autonomy

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Good-faith, the basis of physician – patient relationship, its first casualty Doctors demonized Q. Once a duly qualified and licensed doctor gives out to the public that he is available t...

How Legal Definitions of Disease Impact Healthcare and Legal Rights: An In-De...

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Disease is any disturbance in the structure or function of the body or any of its parts, an imbalance between the individual and their environment, or a lack of perfect health. The problem with...

The Intersection of Law and Ethics: How Legal Standards and Moral Judgments D...

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The connection between medical law and medical ethics is revealing. It might be thought that the two would be closely linked. After all, courts would be unlikely to make an order that requires ...

Medical Ethics: The Intersection of Law and Medicine-How Legal Challenges Are...

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Medical law encompasses elements from various branches of law, including criminal law, human rights law, tort law, contract law, property law, family law, and public law. One commentator has su...

Perverse Medical Negligence Judgments are the Bane of Modern Medicine: A Crit...

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Q. Can you review my book Perverse Medical Negligence Judgments?Response. I found some information about your book, Perverse Medical Negligence Judgments are the Bane of Modern Medicine by Dr. Sh...

The Complexities of Narcotic Drugs Laws in India: Legal Framework, Enforcemen...

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The enforcement of narcotic drugs laws in India presents a formidable challenge due to the intricate legal framework, evolving judicial interpretations, and the complexities inherent in the det...

Emerging Medico-Legal Expertise In The Country: National Medical Council Shou...

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Q. For an ordinary person negligence is causing harm to a person or property of another by breach of duty not to cause harm. Medical negligence is causing harm by breach of his duty to care, th...

Forensic Science: An Essential Discipline in Modern Law

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Forensic science stands at the intersection of science and the legal system, playing a crucial role in the pursuit of justice. As a law student, understanding the principles and applications of...

Fetal Well-being v/s Judicial Well-being: Right of a Child in the Womb to Liv...

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The recent National Consumer Disputes Redressal Commission's judgment on fetal sonography is a blatant example of judicial activism and retributive justice. The case: Udayan and ors. v/s M/S...

A Brief of Medical Negligence In India

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What Is Medical Negligence?Medical negligence refers to a breach of duty or care by a healthcare provider, resulting in harm or injury to the patient. It occurs when a healthcare professional f...

Case Laws On Good Faith Exemption From Medical Negligence

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Q. Indian case law on good faith exemption from medical negligence?In India, the concept of "good faith" in medical negligence cases is often discussed in the context of whether a doctor can be h...

Munchausen Syndrome by Proxy: Factitious Disorder Imposed by Another A Case ...

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Munchausen syndrome by proxy, now known as Factitious Disorder Imposed by Another (FDIA), is a recognized mental health condition. Individuals with this disorder, often dominant and assertive, ...

Global Health Security: A Geopolitical Imperative In A Connected World

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In the 21st century, the confluence of global health security and geopolitics has become an imperative consideration for nations around the world. The increasing frequency and impact of pandemi...

Preserving Justice: The Medico-Legal Convergence

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In the complex landscape where medicine and law converge, the field of medico-legal practice plays a pivotal role. Combining expertise from both disciplines, medico-legal professionals navigate...

Statutory Interpretation Of Consumer Protection Act 2019: Professions, Legal ...

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Whenever there is ambiguity in any provision of a Statute, the Judiciary is required to interpret the language used. Using the method of 'literal construction' in the overall 'context of scheme...

Mental Health In India And Laws Regarding Mental Health In India

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World Mental Health Day, observed annually on October 10, serves as a vital platform to raise awareness and combat the social stigma surrounding mental health worldwide. Established in 1992 by ...

Ensuring Safe Disposal of Biomedical Waste

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Biomedical waste, also known as healthcare waste, originates from various healthcare facilities like hospitals, clinics, dental offices, laboratories, and veterinary clinics. This waste poses s...

Medical Negligence Is An Offence That Needs To Be Adjudicated Per Exceptions/...

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Medical negligence is an offence that needs to be adjudicated per exceptions/exemptions provisions. Exceptions provide a licensed physician exemption from any liability Causing bodily harm/in...

Challenges Facing Forensic Science in India

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The forensic science system struggles with a multitude of challenges, arising from limited resources, shortage of forensic laboratories and forensic experts, ever increasing number of registere...

Forensic Specialties: A Comprehensive Overview

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Forensic specialties, including pathology, anthropology, and toxicology, provide crucial expertise in legal investigations. While these disciplines provide valuable insights, they face challeng...

Injuries Leading To Non-Bailable Offenses

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When certain severe offenses, like attempted murder (307 IPC) resulting in injury or grievous harm with dangerous means or weapons are involved, or if the injury is caused by acid attack, the o...

Relevancy of DNA: A Test for Paternity (Section 112, Indian Evidence Act)

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One of the golden rules of the Indian Evidence Act is that the best evidence should be presented before the court of law to decide the matter being adjudicated. What evidence may be the best to...

Incised Wounds: Importance in Criminal Investigation

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An incised wound is a cut caused by a sharp-edged object, such as a knife or broken glass. It usually has clean, straight edges with minimal tissue damage, often resembling a surgical or intent...

Forensic Odontology: Role in Police Investigation & Identification

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Forensic odontology falls under the realm of forensic science, a specialized field that uncovers the identity of individuals through their dental records. The discipline delves into the scrutin...

Difference Between Hurt, Wound And Injury

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The terms 'hurt,' 'wound,' and 'injury' are often used interchangeably to describe physical harm or damage to the body, but they have distinct meanings and usage. Describing pain in medical ter...

Tort Reform Needed To Prevent Misuse Of Provisions Of CPA Act For Medical Neg...

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Honorable Supreme Court has explicitly recommended such tort reform. The legislature must act. Supreme Court: There is a need to protect doctors from frivolous or unjust prosecutions in the ...

Differences Between Medical Insanity And Legal Insanity

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Medical Insanity:Medical insanity is a term used to describe serious mental disorders that greatly hinder a person's ability to think, feel, or behave normally. These disorders, such as schizop...

Chances Of Plea Of Legal Insanity Being Successful

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The insanity defence, also known as legal insanity, is a highly debated and intricate component of criminal law. It requires an assessment of the defendant's mental state during the alleged off...

Post Mortem Examination Challenges

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Performing post-mortem examinations can be emotionally draining for both the pathologist and the family of the deceased. Striking a balance between the scientific investigation and showing resp...

Medical Negligence: Major Takeaways from the National Medico-Legal Summit 2024

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The field of medicine is vast and intricate, defying easy judicial scrutiny or non-professional regulation. A highly trained, qualified, and licensed medical practitioner requires the autonomy ...

Examining Viscera to Find Out Cause of Death: Challenges for Criminal Justice...

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A viscera report is compiled in order to establish the reason for death in cases where traditional autopsies are inconclusive. These examinations involve a thorough investigation of the viscera...

Signs And Symptoms Of Drowning And Drowning Death

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Recognizing the signs and symptoms of drowning and drowning death is crucial in providing prompt intervention, potentially saving a person's life and find out the cause of death. While the medi...

A Review of Indian Healthcare Sector

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This paper reviews the Healthcare Sector of India. We will study the qualities of good healthcare system drawback of the industry, impact of industry on economy and other parameters to deᤙ...

The Reproductive Rights of Women

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The MTP Act underwent many important amendments recently considering societal attitudes and latest advancements in medical technology and need for greater access to safe legal abortion services...

Differences Between Murder And Culpable Homicide

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Murder:The provision of 'Murder' under Section 300 of the Indian Penal Code encompasses the offence of culpable homicide, and states that culpable homicide is considered as murder if any of the...

Ignorance Of Medicine And Judicial Arrogance: Medicine Derailed

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Background in Brief That Complainant No.1 Renu Saini was a high risk case in view of her past history of previous 3 caesarean section, multiple D & E procedures, presence of invasive vesic...

Comparing Surrogacy Laws Of India And South Africa

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Surrogacy has also been used unfairly. The main reason it has been abused is " commercial surrogacy," sometimes known as "renting a womb." When a surrogate mother receives compensation for her ...

Simple Injury and Grievous Injury: Analysing Differences in Medical Perspective

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Simple Injury:A simple injury refers to a minor physical harm that does not have serious or long-lasting consequences, often healing without extensive medical intervention. These types of injur...

Murder by Poisoning And Lethal Poisons

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The act of killing someone through the use of toxic substances is a despicable offense that has a lengthy and ominous past, spanning across different eras and societies. This means of murder in...

Analysing Insulin Overdose Murder

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Insulin overdose murder is the act of purposely injecting an excessive amount of insulin, which will lead to low blood sugar levels (hypoglycaemia) and ultimately result in death. This case cam...

Use Of Sample Blood And Control Blood In Forensic Investigations

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Sample Blood: Sample blood plays a crucial role in forensic investigations, acting as primary evidence that can offer vital insights into the specifics of a crime. This type of blood is acquir...

Antemortem Hanging: Signs And Symptoms and their Police Investigation

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Antemortem hanging refers to the act of hanging oneself while still alive. Antemortem hanging is typically associated with suicide, although it can also occur accidentally or as a result of fou...

Blood Evidence: Use in Police Investigation

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Blood plays a crucial role in crime scene investigations, providing vital information and aiding law enforcement in solving cases. A thorough examination of blood found at the crime scene can r...

Use of Forensic Botany in Police Investigations

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Forensic botany, a division of forensic science, utilizes plant science to solve criminal cases. It involves applying botanical knowledge and techniques to aid in the investigation of crimes, p...

Legal Implications Of Neurotechnology In Criminal Justice

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Neurotechnology encompasses technologies that directly engage with the brain or nervous system, including brain imaging, stimulation, interfaces, and implants. Its potential applications in cri...

Good Faith Exemption From Criminal Liability

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Good Faith Exemption From Criminal Liability - Harm Resulting From Medical Treatment Is No OffenceThe Bhartiya Nayay Sanhita 2023 replaces the Indian Penal Code 1860. The basic shift, per the m...

Use of Sample Earth and Control Earth in Police Investigations

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Sample Earth or Soil Evidence:Soil evidence, also referred to as sample earth, holds significant value in police investigations, especially in cases where the examination of soil characteristic...

Significance of Postmortem Examination Report in Police Investigation & Its E...

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Post-mortem examinations, more commonly referred to as autopsies, play a vital role in criminal investigations by providing valuable insights into the circumstances surrounding a person's death...

Analysing Self-Inflicted Injury

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Self-inflicted injury normally involves intentionally causing physical harm to oneself sometimes with and sometimes without the intention of ending one's life. This behaviour is often a manifes...

Wounds: Types and their Importance in Police Investigations

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A wound is an injury to the body caused by different factors, including trauma, accidents, or surgeries, that disrupts the normal function of tissues. The severity of wounds can range from mino...

Difference Between Rigor Mortis And Cadaveric Spasm And Their Importance In P...

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Rigor Mortis:The process of rigor mortis is marked by the gradual hardening of muscles after death, caused by biochemical alterations. It typically begins 1-2 hours after passing and reaches it...

Suicidal Burning And Homicidal Burning: Analysing Differences

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Suicidal Burning:Suicidal Burning or Self-immolation is a term used to describe the intentional act of setting oneself on fire in order to end one's own life. This tragic form of self-harm and ...

Algor Mortis: Utility and Limitations in Death Investigations

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The process of the body cooling down after death is known as algor mortis, also referred to as 'postmortem cooling,' 'body cooling,' 'cadaveric cooling,' or 'death chill.' These terms are all i...

Livor Mortis: Usefulness and Limitations in Death Investigations

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Livor Mortis, known as Postmortem lividity or liver mortis, is a condition that occurs following death where blood settles in the lowest areas of the body, resulting in a purplish-red discolora...

Medical Jurisprudence: Challenges And Remedies

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The current challenges within medical jurisprudence cover a wide range of issues at the intersection of medicine and law. These include ongoing concerns surrounding standards for medical malpra...

Rigor Mortis: Examining its Use in Death Investigations

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Rigor Mortis, a natural process that occurs after death, is characterized by the stiffening of muscles in the body. This phenomenon typically begins within a few hours of death and reaches its ...

Cadaveric Spasm: Examining Its Utility In Investigation Of Death

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Cadaveric spasm is a rare and intriguing phenomenon that occurs when an individual's muscles suddenly become rigid and immobile at or shortly after the moment of death. It can be compared to a ...

Medical Evidence: Types, Value, Evaluation, Strengths, Weaknesses, Conviction...

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The information used in legal proceedings to understand an individual's physical state, injuries, illnesses, or medical conditions and cause of death is known as medical evidence. This evidence...

Wounds and Injuries: Analysing Differences

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The differences between Wounds and Injuries may be delineated as follows: A wound commonly pertains to a physical damage on the skin, while an injury can cover a wider scope of damage to the b...

Emerging Jurisprudence Decriminalizes Medical Negligence

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Injury From Good Faith Act Of Medical Management Of A Licenced Medical Professional Is No Crime Statutory Exceptions And Exemptions In IPC (Now Bhartiya Nyaya Sanhita) The Honorable Supreme C...

Antemortem Drowning and Post Mortem Drowning: Differences

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Drowning:Drowning is the act of suffocating due to being submerged in water or other fluids. This can lead to breathing difficulties and a lack of oxygen, ultimately resulting in death. It happ...

Analysing Challenges Faced by Government Hospitals

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Government-run healthcare facilities in India play a vital role in delivering primary healthcare services to a large portion of the population. These hospitals offer a diverse range of medical ...

Studying Unethical Practices in Some Private Hospitals

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Although doctors are highly respected in Indian culture, there has been a rise in the number of individuals who have questionable values and put their financial gain above ethical standards. So...

Supreme Injustice Res Ipsa Loquitur: The Thing Speaks For Itself

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"No man's opinions are better than his information" -- Paul Getty "The greatest obstacle to discovery is not ignorance - it is the illusion of knowledge."-- Daniel J. Boorstin In ...

Fingerprint Evidence: Value and Limitations

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Evidentiary Value of Fingerprint Evidence:The use of fingerprint evidence in criminal investigations is highly valued because of its exceptional and distinct features. The patterns of ridges on a...

Judicial Review During The Covid-19 Pandemic Concerning The Field Of Education

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Introduction of the area of study COVID - 19 originated in Wuhan (China) and within a few months, became a global threat, declared a pandemic by WHO. It shook the whole world at a drastic level....

Provisions In Bharatiya Nyaya Sanhita 2023 That Decriminalize Medical Neglige...

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Sec2(6) "dishonestly" means doing of an act with the intention of causing wrongful gain to one person or wrongful loss to another person; An act of providing treatment to a patient by a qualifie...

Changes In The International Abortion Laws In The 21st Century

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"No woman can call herself free who does not own and control her body. No woman can call herself free until she can choose consciously whether she will or will not be a mother."- Margaret Sange...

Insanity In Its Medico-Legal Aspect: Introduction, Causes of Mental Ill Health

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Health is defined as a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity. Mental health has been defined as, "a state of balance betwee...

Consumer Protection Act: Patients Delight Doctors Dilemma

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Medical profession, health care, in Consumer Protection Act 2019 Definitions: In this Act, unless the context otherwise requires Sec 2(7) "consumer" means any person who: Buys...

Role Of Medical Evidence In India

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Medical evidences in India are used by investigating agencies to prove the guilt of the accused. The medical and scientific evidences can play a major role in identifying the accused and provin...

Yoga Praxis Illuminates the Soulful Serenity and Cultural Diplomacy: A Cursor...

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Prefatory The origin of Yoga can be traced back to ancient India, with its roots extending approximately 5,000 years into the past. According to yogic tradition, the inaugural practitioner of ...

When DNA Report Becomes Unreliable?

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DNA reports are believed to be very reliable as they give vital information in forensic science, paternity testing, and medical diagnosis. These may include sample contamination, mistakes done ...

Differences Between Ante-Mortem And Post-Mortem Wounds

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Injury or damage to the body's tissues is what defines a wound. This can occur due to several reasons like underlying medical conditions, trauma, or surgery. From minor cuts and abrasions to mo...

Differences Between Suicidal Hanging And Ligature Strangulation

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Introduction Numerous distinctions exist between suicidal hanging and ligature strangulation within the domain of Medical Jurisprudence. It is imperative to recognize that these variances in t...

Differences Between Ante-Mortem And Post-Mortem Burns

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It will be very difficult to distinguish between ante-mortem and post-mortem burns if the dead body is burnt to ashes. Signs of healing like inflammation and blister formation, which usually ca...

Two Finger Test: Essential Reiteration Of The Ban In India

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"This court has time and again deprecated the use of two finger test in cases alleging rape and sexual assault. The so-called test has no scientific basis. It instead re-victimizes and re-...

Health Care Excluded From CPA 2019

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Has the medical services not been specifically and consciously excluded from CPA 2019 by the parliament?The Consumer Protection Act was enacted by the parliament in 1986. Cases were filed under...

Need to review IMA v V P Shantha that put medical professionas under CPA

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Indian Medical Association vs V.P. Shantha & Ors on 13 November, 1995 brought the medical services under CPA declaring medical services to be services under Sec. 2(1)(0) of the ACT. The med...

Impact Of Biology On Law

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The field of law has been moulded by biology, influencing the formation of legislative norms and regulations, as well as leaving its mark on legal verdicts. Multiple facets of the legal system ...

An Overview Of A Forensic Psychologist's Role In The Indian Justice Administr...

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The recent article of Hindu newspaper[1] headlined Forensic psychologists should play a key role in preventing crimes, was the statement given by the Vice-Chancellor P. V. G. D. Prasad Reddy, t...

Retrospective Surrogacy Contract for Parents Intending MTP: A Proposition for...

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Proposed retrospective Surrogacy Contract Traditional Surrogacy Contract Modified THIS AGREEMENT is made as of _________________, 20____, by and between _______________, the acknowledged (int...

Terminal Patient: A Legal myth A Medical Dilemma

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A patient to be legally recognized as terminal should meet the following criteria: Should be suffering from a disease that has no curative treatment available The disease is irreversible ...

An In-Depth Exploration of Abortion Laws

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Meaning and introduction Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be p...

Unveiling the Sperm Donation Enigma: Navigating India's Intricate Regulatory ...

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Over 19 million couples worldwide struggle with the heartbreaking reality of infertility, and in their quest to become parents, they frequently turn to cutting-edge reproductive technologies li...

Abortion Law And Policy 2021: Causes And Consequences Of Induced Abortion

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Abortion laws and policies in India were governed by the Medical Termination of Pregnancy (MTP) Act, 1971, and subsequent amendments, laws and policies can change over time abortion laws and p...

Medical Negligence: Certification of cause of death –the judicial vers...

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In the case of death due to alleged medical negligence, it is essential to establish the cause of death as a direct consequence of the alleged deficiency. In the death certificate, as per the ...

Hazards In Assigning Cause Of Death In Medical Negligence Cases

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You see only what you look for; you recognise only what you know" --  Dr. Merrill Sosman Actions are being initiated under the provisions of the Indian Penal Code, 1860 (IPC) despit...

Healthcare Law And ADR

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In recent times, healthcare law has been witnessed as an emerging field of law. Cases with regard to healthcare are rising exponentially leading to severe impact on healthcare system. According...

Reforming Legal Perspectives: The Case to Decriminalize Medical Negligence

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A patient provided regular treatment by a qualified and licensed practitioner, by a team of medical personnel in a hospitalized situation, after due consent, should be excluded from the purview S...

Legal Fictions And Medical Negligence: Need To Revisit

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"An ambiguous law is a dangerous one because it allows for the concept to be misused, neglected or worse, weaponised." -- Aysha Taryam Judicial scrutiny of a medical treatment or management of...

Like Judicial Professionals, Medical Professionals Also Need Protection For T...

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Practice of medicine is too complex and vast to be amenable to easy non-professional regulation or judicial scrutiny. An extensively trained, qualified and licensed medical practitioner needs f...

Necessity Of Providing Legal Protection To Doctors In India

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Doctors play a pivotal role in society by providing vital healthcare support to the public. Still, they are confronted with various legal risks in their practice. The doctors and other medical ...

The Intersection of Psychology and Law: Understanding the Complexities of Tod...

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As the world is becoming increasingly complex, the intersection of psychology and law has become more important than ever before. The complexities of today's legal landscape require a deep unde...

Forensic Science Laboratories: Clamouring for Attention

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Abstract The police officers investigating different cases face a number of problems due to delay in submission of reports from the forensic science laboratories. The inadequate number of fore...

Compensation Cases On The Ground Of Medical Negligence: Legal Provisions To P...

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Compensation cases on the ground of medical negligence: Legal provisions to prevent its misuse. Frivolous negligence cases interfere with the professional freedom of doctors. Judges rule on the...

Informed Consent In Clinical Trials In Inida

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Informed consent is considered as one of the most crucial element in medical practice. It is the duty of the medical practitioner to explain the pros, cons, procedure of the treatment to the pa...

Decoding Human DNA: Navigating the Legal Landscape of DNA Profiling in India

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In the 21st century, technological advancement and innovation have led the human race to achieve several important feats and reach levels of reliability that have never been seen before. Especi...

Is Insanity A Good Defence Under IPC

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Insanity refers to "unsoundness of mind "or a state of mental ailment from which a human being suffers either temporarily or permanently. It is also known as some mental disorder from...

Mapping The Facilities In Hospitals In And Across Pondha,Bidholi And Kandoli:...

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The topic of this research is "Mapping the facilities in hospitals in and across Pondha, Bidholi and Kandoli: An empirical analysis towards right to health care" the study aims to investigate the...

Examining the State of Medical Negligence in India: Challenges and Reforms

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The phrase "medical negligence" describes any conduct or omission on the part of a medical practitioner or institution that causes the patient to experience harm. Since a person's life may be in da...

Role Of Forensic Sciences In Criminal Prosecution

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Crime in some form or the other has existed since the beginning of human race. As Science and technology developed, criminal and the concept of crime has undergone a tremendous change. Due to t...

A Worthless Life Or Right To Die?

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I believe that everyone has the right to live a happy and healthy life, but what if this life becomes worthless? Do we have the right to die? In today's modern times, science has a solution for...

Regulation Of Organ Donation: Addressing Ethical, Legal And Practical Conside...

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Organ donation is the process of giving an organ or a part of an organ to someone who needs a transplant. Organ donation is a life-saving and life-enhancing gift, but it is a complex process th...

National Commission For Homeopathy Bill, 2019

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The word 'Homeopathy' is derived from two Greek words, Homois meaning similar and Pathos meaning suffering. It was introduced in India in the 18th century. It takes a holistic approach towards ...

Legal Protection of Doctors in Providing Healthcare Services in India: Acts, ...

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Medical professionals play an essential role in society by providing healthcare services to the public. However, medical professionals face numerous legal risks in their practice. The Indian le...

Medical Examination and its Relevance with Criminal Justice System

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The introduction of new techniques in the criminal justice system has made the medical examination, if necessary, an integral component of the investigation. The idea of a medical examination h...

Role of Forensic Evidence in Criminal Justice Delivery System in India

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Forensic evidence plays a crucial role in the criminal justice system in India. It provides an objective and scientific basis for establishing the guilt or innocence of a suspect, which is esse...

DNA Legislations: Comparative Study Between India And Other Countries

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Because of its profound effect on science and medicine, the discovery of DNA is considered one of the most important biological discoveries of the twentieth century. It has recently become a ve...

Surrogacy In India

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An agreement by a woman (Surrogate mother) to undergo pregnancy so as to produce a child which will be surrendered to others (Intended parents) who cannot have children is surrogacy. This re...

Right To Health: A Fundamental Right

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The dismal situation of the health infrastructure in India stands exposed owing to the ongoing pandemic situation, it crumbled under the pressure. Innumerable deaths in the pandemic due to the ...

Human Experimentation: Understatement in Medical Laws

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Clinical trials are an important element of the medication development process all over the world. Clinical trials are a series of procedures that must be followed in order to certify a new med...

The Evolution Of Mental Healthcare Acts In India

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A person with less immunity becomes more vulnerable to diseases, similarly a person with mental disorder becomes more vulnerable and prone to violation of their rights. The violation of rights ...

Medical Cannibalism And Organ Donation

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Many contemplate medical cannibalism as cannibalism as a study of the alien past - a savage practice of long lost era. The fascination of these practices emerged literary heritage of that time....

Doctrine Of The Two Finger Test

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The doctrine of the two-finger test is a practice that has been deemed very unnecessary in the medical field. It violates the rights of privacy, dignity, and the law, as well as the public's ri...

Mental Healthcare Act, 2017

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To determine the health of an individual, there are mainly five aspects of personal health taken into account: physical, mental, social, spiritual, and intellectual. Mental health is a vital pa...

Health Meaning, Concept And Factors Affecting Health

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Health is an integral part of our life and it is directly linked to survival. Survival of the fittest is a rule of nature. The quality of life depends upon the Health. So that every person has ...

DNA Bill And Right To Privacy

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Right to privacy is a basic human fundamental right that is recognised by various international treaties like Universal declaration of human rights (UDHR) in 1948 through its Article 12(4).[1] ...

A Study Of Regulation Of Narcotics Laws: A Global Study

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Two types of medications, such as narcotic medications and non-narcotic drugs, can be helpful and prescribed for drug management and treatment. The former are easily accessible at chemists or d...

Overview Of The Transplantation Of Human Organs (Amendment) Act, 2011 And The...

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The emergence of medical science has led to numerous crucial breakthroughs and inventions and certainly one of them is organ transplantation. It is an approach of extracting an organ from the b...

Legal Aspects Of HIV

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HIV/AIDS is one of the biggest challenges faced by the world. Poor literacy level is one of the biggest reasons for the spread of the disease. The virus attacks the immune system and makes the ...

Overview Of Sudden Turmoil In Field Of Medical Law

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Abortion is the technical terminology used for Medical Termination of Pregnancy. By the legal point of view, Abortion is Termination of pregnancy in the form of causing death of the embryo or foe...

On The Brink Of Collapse: The Inefficiencies And Challenges In The Indian Hea...

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Right to health is a fundamental right in India[1] and has been constantly upheld by the supreme court through several landmark judgements[2]. Despite such strong prevalence and recognition of ...

A Look Into Euthanasia

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"Please Die!" But do you have the right? The right to die is a concept that closely contradicts the concept of the Right to life under article 21 of the Indian Constitution based on the opinio...

Marijuana-The Story So Far

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People have contrasting views related to legality of Marijuana. So, what is this Marijuana, what the Indian Law say about this? Everything will be discussed here. Introduction Marijuana is ...

Use Of Narco-Analysis Results As Evidence: Selvi V State Of Karnataka

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The term 'Narcotics' is defined as a drug or other substances that affects mood or behavior and relieves pain. It's usually given as an injection which leads to drowsiness, sedation etc. Physic...

Legal Issues In Regulation Of Nanomedicine In India

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Nano technology emerged in the world scenario in 1980. This has been used with huge success in many sectors such as agriculture, healthcare and fertilizer industry. Department of science and te...

National Blood Transfusion Council: History And Its Emergence

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Nearly 11 million people donate blood every year voluntary in India. Donating blood is considered to be the greatest service one can do in one's lifetime by saving someone's else life. The dona...

Access To Justice To People Suffering From HIV/AIDS

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"Human rights are a guiding light to the realization of the right to health, and we have to explore all possible synergies between these two areas. It is time to act!" -Regina Maria Cordeiro Du...

The Use Of Lie Detectors In Criminal Justice In India

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Crime refers to a prohibited act which violates the provisions of law, is detrimental and deleterious for the society, and is punishable under various provisions of law. The term crime has been...

Registration of Medical Devices

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Registration of Medical Devices by Manufactures and Importers Timeline: Notification Name Date Chapter IIIA - Registration of certain medical devices 10 February 2020 ...

Legal Standing Of India Towards Marijuana

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In a civil society, consuming drugs is not only immoral but also illegal. Many people consider drugs to be the destroyer of family and community. People who consume it in the name of escaping t...

Forensic Psychology In Juvenile System Versus Protection Law

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Minimum Age if Criminal Responsibility or MACR is the age below which a person cannot be held criminally responsible. This is a form of defence known as excuse so that defendants falling within...

Articles 20 (3): Narco Analysis And Its Relation To Self-Incrimination

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With the advancement of science and technology, there has been a noticeable shift in the way criminal investigations are conducted. Conventional methods of criminal investigation have made way ...

Medical Negligence: A Short Article

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Universal applicability suggests that medical profession is one of the most noble professions known to mankind. When years on end you strive to master professionality gradually rendering you wi...

Centralised Public Health Law: A Game Changer In Medical And Health Administr...

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In recent times, efforts were made to fill in the lacunae created by advancements in health science. In the light of such exertions the Public Health (Prevention, Control and Management of Epid...

Strong And Sensitive India After Covid-19 Pandemic

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COVID-19 had a significant impact on citizens, trends, and the behaviour of government agencies. The purpose of this article is to provide an outline of the role of public administrators in res...

Forensic Science Under Criminal Law

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Due to the development in the criminal justice system, there has been an extraordinary diffusion in crime investigation techniques as far as the scientific infusion is concerned, as observed in...

Family Planning Practices In India

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Family planning is the concept that allows individuals and couples to have their desired number of kids and to decide the spacing they want between their children. This can be achieved through ...

Classification of Poisons (Toxicology)

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Introduction of toxicology Poison: Substance having life threating effects is called poison. Poison, in biochemistry, a substance, natural or synthetic, that damages living tissues and has a ...

Doctors And Consumer Protection Act

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Doctors and Consumer Protection ActDoctors being the quintessential god in our society for decades have saved numerous lives and ensured a healthy lifestyle. In recent years value of doctors ha...

Substance Abuse/Addiction

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Overview Drug addiction, also called substance use disorder, is a disease that affects a person's brain and behavior and leads to an inability to control the use of a legal or illegal drug or ...

Issues And Challenges In POCSO Act: Execution Of Chemical Castration As Punis...

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To deal with child sexual abuse cases, the Government has brought in a special law, namely, The Protection of Children from Sexual Offences (POCSO) Act, 2012. The Act has come into force with e...

Corona Lockdown: Whose Liability To Pay Salary?

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The outbreak of COVID-19 is a global pandemic and on March 14, 2020, the government of India declared COVID-19 as a notified disaster. Travel restrictions, event cancellations, and sick and sel...

Truth Itself Is An Irrebuttable Fact: Locus Of DNA Testing In Indian Justice ...

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Well, encapsulating the terminology, DNA (Deoxyribonucleic acid) which is indeed multi-faceted is a gargantuan task. Importantly, it assists in identifying, such as individuals and their blood ...

Euthanasia

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"Dying can be a peaceful event or a great agony when it is inappropriately sustained by life support." - Roger Bone. Each individual wants to lead his or her life to the fullest deg...

Demand Fo Right To Health

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"For the world, I count it not an inn, but an hospital, and a place, not to live, but to die in".-- Thomas Browne Health justice is integral to any society. Our health care system is in privat...

Violence Against Doctors: Where Are We Heading?

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"Every time a doctor is assaulted, another 100 doctors stop taking the risk they would usually take to save someone. Unfortunately your loved one will bear the price of it and you wouldn't...

Role of Forensic Psychologists

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We all must have heard of psychologists. But most people don't exactly know who they are and what their exact work is. And even if people know who psychologists are, they have no idea about for...

Recent Trends and Developments in the case of Polygraph

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With the consistent and constant advancements in science and technology, there has been a noticeable shift in the way criminal investigations are conducted. The traditional methods of investigati...

Allied And Healthcare Professional Bill 2018

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"WE need a cost-effective, high-quality health care system, guaranteeing health care to all of our people as a right!" Healthy things are good for life and a healthy person makes a goo...

Covid-19 The New Normal And How It Is Affecting Children

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The sudden outbreak of Covid-19 in the world left everyone with speculation as to how to react to this situation. The outbreak of pandemic affected almost every individual in some way or anothe...

Mental Health and Suicide Laws: A Way Forward

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After the inclusion of Covid-19 in the world, suicide attempts and mental health problems have been rising at an alarming rate. The rate of suicide attempt cases increased drastically in a shor...

Importance Of Forensic Psychological Tools In Investigation

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What is forensic psychology?Forensic psychology is the combination of psychology and law. It is the application of psychology in legal settings. Forensic psychology, as defined by the American...

Shortage of Oxygen Cylinders and Violation of Right to Health Under Article 21

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On January 30, 2020, the coronavirus outbreak in India had brought the reality of our health care systems into the limelight. The majority of people lost their lives due to arched healthcare fa...

Substance Abuse and Crimes: Affecting the Youth of the Country

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In our country, the use of illegal drugs among youths is on the rise. Our country's condition regarding the use of drugs and other psychotropic substances is critical, as over 90% of consumptio...

Mental Health And Justice System In India

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Our emotional, psychological and social well-being are all part of our mental health. It has an impact on the way we think, feel, act. It also influences how we deal with the stress, interact w...

Right to Healthcare

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"It is health that is real wealth and not pieces of gold or silver."~ Mahatma Gandhi Introduction Right to healthcare is not recognised expressly under the Constitution of India how...

Current Status of Mental Healthcare in India

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Mental healthcare and issues regarding mental health are as important as physical health. Indian laws have recognized the importance of mental healthcare ever since 1987, but mental health has al...

Repealing the Epidemic Diseases act 1897: Need of the hour

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With the cases of COVID-19 rising in India, the Government continues to rely upon the colonial era legislation, the Epidemic Diseases Act, 1897 to bring the situation under control. The Supreme C...

Law Related To Covid 19: Legal Framework Across The Globe

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With Covid-19, we've made it to the life raft. Dry land is far away - Marc Lipsitch Coronavirus, Covid- 19, Pandemic, Biological disaster, many are the terms which only leads to disastrous end...

NPPA Caps Trade Margin For Six Essential Medical Devices

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From 709% TO 70% - NPPA Caps the trade margin for oxygen concentrator, pulse oximeter, blood pressure monitoring machine, nebulizer, digital thermometer and glucometer with an aim to make these...

Medico-Legal Case Study: Vaccination

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Background Debate on whether vaccination should be made compulsory through law is vexed and centres on the rights of the community versus those of the individual – in particular, their rig...

Bridging The Gender Gap In Healthcare: The Maternity Benefit (Amendment) Act,...

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India has been struggling with gender inequality for a long time. In the Economic Forum's Global Gender Gap Index 2020, India ranks 112th[1]. This inequality infiltrates all aspects of human li...

Narcotic Drugs And Psychotropic Substance

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The term narcotic within the legal sense is kind of different from that utilized within the medical context which denotes a sleep-inducing agent. Legally, a narcotic drug can be an opiate (a tr...

Medical Termination of Pregnancy (Amendment) Act, 2021

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The Medical Termination of Pregnancy (Amendment) Act, 2021 alters the MTPA 1971 to raise the upper limit for abortion from 20 to 24 weeks for certain types of women. The Amendment raises the up...

How Narcotic Substances Cross Indian Borders?

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India or Bharat is a south-Asian country known for its oldest civilizations in the world with different cultures, heritage, traditions, and religions. In 330 BC, Alexander the Great acquainted pe...

Pharmaceutical Advertising in India And Its Legal Complications

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Drugs play a very important role in the management of ailment and illness in human life and in this context medical practitioners are given the responsibility of prescribing the various drugs r...

Whether The Family Members Of Covid-19 Victims Can Be Deprived To See The Bod...

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Whether the relatives & friends of Patients admitted in Hospital/Hospitals with Covid-19 or Patients having contracted the disease whilst in Hospitals after getting admitted for some other ma...

Mental Illness

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Consider that statistically speaking that you are one of those people that you just shook hands with who will likely experience a mental illness at some point of time in your lifetime. Accordi...

Whether Right To Dignity And Fair Treatment Under Article 21 Of The Constitut...

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The adage, Funerals are for the living, not the dead, you may be tempted to consider relinquishing control over what happens after your death to your descendants. After all, it is your loved ones...

Utilitarian And libertarian Perspective Regarding Arogya Setu App

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Due to the COVID – 19 pandemic, governments across the world have had to take strict measures. The Indian government has also imposed a nationwide lockdown and like other governments it is using ...

The Negative Bearing Of The Pharmaceutical Companies On Issuance Of Compulsor...

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The pharmaceutical fabricating industry is the one that is developing step by step due to the steadily expanding request in its administrations. That is a direct result of the developing number...

Medical Termination of Pregnancy in India

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No woman can call herself free until she can choose consciously whether she will or will not be a mother. ― Margaret Sanger Introduction Termination of pregnancy i...

Does India in need of National/ State wide Corona Relief Act like other Devel...

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I have been witnessed the en number of people has lost their jobs, lost their business and suffered seriously under the poverty due to Corona Virus spread in various states including Tamilnadu, K...

difference between medical and legal insanity

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Insanity is a defense and exemption that have been mentioned in chapter IV of the Criminal Procedure Code. But in reality claiming the defense of insanity is harder than it seems on paper due t...

Parmanand Katara vs. Union of India

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Parmanand Katara vs. Union of India & Ors Citations: 1989 Air 2039, 1989 Scr (3) 997, 1989 Scc (4) 286, Jt 1989 (3)496 1989 Scale (2)380, Bench: Misra Rangnath, Date of judgment: on 28 Augu...

Polycystic Ovary Syndrome: Forestall And The Impending Future Ahead

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Polycystic ovary syndrome is a chronic endocrine disorder, metabolic syndrome and fertility, according to AIIMS, 25% of women in India suffer from PCOS and it is currently estimated to affect 30%...

Guidelines To Be Followed By Registered Medical Practitioners To Dispense Med...

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According to the World Health Organization, dispensing refers to the practice of preparing and giving medicine to a person based on a prescription from a registered medical practitioner (RMP). Di...

WHO: Is there any hope?

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World Health Organisation i.e. WHO, as the name suggests is an organisation that works in the health care sector and is an recognized authority all over the worldor it can be said it is an int...

The Medical Termination Of Pregnancy Act, 1971: A Need For Stringent Laws

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For the past three decades, several nations have modernized their abortion legislation. After 1980, the global liberalization movement advanced. Currently, just 8 percent of the global population...

Cannabis-Legal or Illegal?

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The most common question often asked by common people- What is Cannabis? The answer is quite simple, it is a plant of medical significance. Its properties are wide enough to explain its positiv...

Trade On Marijuana In India- A Critical Analysis

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Marijuana should be made legal in India because whether it is legal or not, people are going to do it anyway. Marijuana is not a hard drug, it is a soft drug and should not be included in the Nar...

Informed Consent: Legal Analysis of Consent Forms

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The patient who is armed with information, who wants to ask questions, sometimes difficult and awkward questions, should be seen as an asset in the process of care and not an impediment to it.-...

The Impact Of Drugs On Teenagers

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Every society give strong response to criminal act and legal system which is controlled and run by several organs of the govt are responsible to curb the criminal environment so th...

Medical Negligence and the legal compensation

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Safety of patients from incompetent and negligent doctors and safety of doctors from undue harassment from unscrupulous litigants has been a perennial problem faced by the Medical Jurisprudence. ...

Insanity Plea: Need For Reform

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Nothing is an offense which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is ei...

From Right To Die To Right To Die With Dignity

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The Indian Penal Code 1860 (hereinafter referred as The Code) has been in effect for over a century now, because of which there is need to re-consider some its provisions which might be conside...

Government Duty Bound To Provide Timely Medical Assistance

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In Parmanand Katara v. Union of India[1], the Honourable Supreme Court of India (hereinafter, the Apex Court) considered a serious problem existing at present i.e. In a medico-legal case, such ...

Medical Negligence In India: Laws And Remedy

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Next to creating a life, the finest thing a man can do is save one.- Abraham Lincoln It is an undeniable fact that medical profession is a noble profession as it deals with human life whi...

Revised Guidelines Issued for Disposal of Bio-medical Waste during the COVID-...

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The COVID-19 Pandemic has forced the Indian Government to frame more stringent laws relating to disposal of Bio-medical waste. The Central Government under powers conferred by section 6, 8 and ...

Article on Evaluation of Epidemic Diseases Act,1897

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Since contemporary times, India has witnessed many large outbreaks of infectious and dangerous diseases. The outbreak of epidemics like cholera in 1992, Plague in 1994,dengue fever, Nipah virus, ...

Abortion Politics: The Journey Of Reproductive Rights From Exile To Want Of A...

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Reproductive health, is a crucial part of health sector in any country. And in India, it is a very important issue which needs to be discussed. As, unsafe abortion are major cause of maternal mor...

Flattening the curve or Flattening the human rights?

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In early March 2020, as the COVID-19 set to mark its presence all around the globe. There arose a term called flattening the curve, though it wasn't new to the world as it had been used by public...

Brain Electrical Oscillation Signature Profiling (BEOS) - Forensic Science

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BEOS is a technique by which a suspect participation in a crime is detected by electing electro physiological impulses, it is also a tool which measures the changes in electrical activity of th...

Branches of Forensic Science

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Forensic Science with its multi-disciplinary approach is that essential link that helps glue together all kinds of evidence in any form of investigation. It involves the application of the prin...

Medical Negligence: A Critical Study

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Medical negligence has nowadays have become one of the serious issue in India. Our experience tells us that medical profession is one of the noblest professions. Patients usually see the doctors ...

The Law Surrounding Depression And Suicide

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The recent death of Bollywood actor Sushant Singh Rajput, who allegedly committed suicide on 14th June 2020, has left the country in shock and has once again started the discussion on the much su...

Paternity Benefit Laws in India- A Necessity

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The term Work-life balance originated in the U.K. during the time of Industrial Revolution. It means balance between the work life and the family life. In the Women's Liberation Movement, women d...

Indian Legal System and Mental Illness

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Mental illness is the most traumatic illness a person can have. When an individual suffers from mental illness one tries to attempt suicide or suffers from mere depression. Depression is a common...

Pharmaceutical Mergers and Acquisitions approved by CCI

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In recent years, there have been various mergers and acquisitions, specifically in the field of Pharmaceutical Sector. No other industry or field has witnessed such a wide variety of mergers and ...

Legitimacy Of Surrogacy In India

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When money is exchanged for pregnancy, some believe in newborn while others comes. close to organ selling, or even babyselling - Prof. Thomas Frank Infertility is a medical trim serves to be a hu...

Womb's For Rent: Legality Of Surrogacy In India

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When money is exchanged for pregnancy, some believe in newborn while others, come close to organ selling, or even baby-selling ...

Medical Negligence explained in fewer than 500 words

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Negligence is the breach of a duty caused by the omission to do something which a reasonable man, would do, or doing something which a prudent and reasonable man would not do. Actionable neglige...

Narcotic Drugs And Psychotropic Substances Act,1985 In Reference With Cannabis

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With the changing lifestyle of the upcoming generation, especially teenagers, one frequently finds them laying hands on this drug called Cannabis which is prohibited. When one hears the echoing i...

Aarogya Setu App-A surveillance tool or a helping hand?

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Technology cannot prevent the onset of a pandemic but it can educate, warn and empower people. Dire circumstances like these call for optimum utilization of technology to mitigate the impact of t...

Plight of frontline warriors in time of pandemic and their right to health an...

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A Greek physician, Hippocrates once coined a phrase “Extreme times call for extreme measures.” This phrase tends to be so apt when perceived in situations such as this current one of ...

Emerging Infectious diseases like COVID-19, Laws and Opinion

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Coronavirus disease (hereinafter referred to as COVID-19) is the biggest cause of concern all around the world today. It originated in China in a seafood market of Wuhan (though the exact animal ...

Fingerprints: A Forensic Tool For Criminal Investigation

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Fingerprints have been the gold standard for personal identification in the forensic community for more than one hundred years. Fingerprints are commonly used tools to understand the individual...

British Regime Law imposed for Covid-19: The Epidemic Diseases Act, 1897

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Victory comes from prominent sacrifices Introduction Only because of Coronavirus, wheel of the economy stops, and 1.35 billion people are stuck at their homes and where ever they were before 24t...

Covid 19 vis-à-vis Labour Laws in India

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The labour policy in India has time and again catered to the situational needs of the country and there has been a bunch of efforts, made by the respective governments, to balance the wheels of s...

Impact On Constitutional Rights In Response To Coronavirus Pandemic

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The public health challenge confronting novel Covid-19 has triggered a massive and widespread humanitarian crisis in the country. It's been 125 days that Covid-19 first hit Wuhan and today no cou...

Forensic Medical Examination (FME): A legal Perspective with proper managemen...

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To maintain the transparency in evidence collection by the way to achieve just from unjust, scientific and forensic vigour helps the investigation since we developed our strategy and techniques o...

COVID19: An opportunity for the legal reforms

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Here I will discuss certain reforms in the legal system to deal with emergencies like COVID-19. COVID-19 also draws our attention to the chances of biological war. Beginning with constitution th...

Covid-19: The Current Legal Challenges And Important Strategies Of World Heal...

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The Novel Coronavirus, Covid-19 is caused by the severe acute respiratory syndrome coronavirus-2 (SARS-CoV-2). It has been declared a pandemic by the World Health Organization and is an unprecede...

White Collar Crimes In India: Field Of Medicine

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People in the present world rely on doctors more than themselves. They just believe the words of a doctor without any question because of their honourable and noble profession. If any crime occur...

Do Not Treat Registry

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An adequate provision instilled in the airlines, i.e. Do Not Fly Registry that penalizes passengers who found misbehaving with the crew member. Therefore, by seeing the violence against doctors a...

Informed Consent

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The paper contains introduction to the informed consent and its basic format as a procedure, with feature and responsibility of the doctors and patient as well. Informed consent requirement and i...

Role of Force Majeure in COVID-19

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The global outbreak of COVID – 19 has turned on to a disastrous turn of events, endangering the human race at large. Considering the above fact, WHO has declared it an epidemic and has urg...

Need of Time one nation one ration card in India An Impact of COVID 19

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Ration cards are an official document issued by state governments in India to households that are eligible to purchase subsidized food grain from the Public Distribution System (under the Nationa...

Epidemic Diseases Act, 1897 An Overview

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What's the meaning of epidemic?The word ‘Epidemic' has come from Greek word epidemios means epi(on) and demos (people), the word epidemic already existed in ancient Greek around 430 BC (5th...

Rising cases against doctors

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Why Cases Against The Doctors And Medical Establishment Is Rising Day By Day: Medical field is one of the most important fields in any given country. They are responsible to save people’s ...

Impact of corona virus outbreak on commercial contracts

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COVID-19 has been declared a public health emergency of International Concern by the World Health Organization on January 30, 2020. Subsequently on 11th March 2020, COVID-19 has been assessed to ...

Legal Sector post CoViD-19- challenges and remedies

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The crisis that the world in general and our country is facing due to the rapid and seemingly uncontrollable spread of coronavirus is not only unprecedented in contemporary times but also extreme...

Historical Background In Enacting The Epidemic Diseases Act, 1897 And Its App...

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Historical background in enacting the Epidemic Diseases Act, 1897 and its application to FIGHT COVID19 PANDEMIC On March 24, 2020, Prime Minister of India Narendra Modi announced a nation-wide l...

Whether Coronavirus (Covid-19) Is A Trigger Threshold For Force Majeure Event...

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Coronaviruses (CoV) are a large family of viruses that cause illness ranging from the common cold to more severe diseases such as Middle East Respiratory Syndrome (MERS-CoV) and Severe Acute Re...

India's Legal Response To Covid-19

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Health is the greatest gift, contentment the greatest wealth and faithfulness the best relationship. The pandemic has once again made us realised the importance of health. The coronavirus has gr...

Nationwide Lockdown To Eliminate Covid-19

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The National Disaster Management Authority being satisfied that Covid-19 is a serious threat posed to the country today, has considered it important to take steps for protecting the health of the...

The sagacity of law to combat COVID-19

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The spread of COVID-19 globally, or new coronaviruses, has led to a rare, perhaps unprecedented, death of close to 2300 globally. In India, after Janta Curfew, at least 650 people have been affec...

We need to get high in these low times

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The outbreak of novel Coronavirus disease primarily in China (Wuhan and Hubei) and now considered a global health emergency – has brought forward the dire need for emergency preparedn...

Sanction Theory of Jurisprudence Solution To Covid-19

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In 1832, John Austin lectures were published under the title- The Province of Jurisprudence determined where it defied Law, properly so called, as a command of sovereign backed by the sanction...

Corona Virus (COVID-19) And Indian Penal Code 1860

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The outbreak has been declared an epidemic in more than a dozen states and union territories, where provisions of the Epidemic Diseases Act, 1897 have been invoked, and educational institutions...

The Dissection of The Epidemic Diseases Act, 1897: Medical And Legal Negligence

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With Great Power, Comes Great Responsibility Although this expression is quite archaic, cliched and comical, much like the medical legislature, statues and Public Health Law of our country; it ...

Novel Coronavirus A Legal Challenge

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After scrutinizing the alarming conditions in the world from the outbreak of the corona virus (COVID 19) the WHO few days back called this virus a pandemic. This came after the disease had swep...

Good Samaritan The Hope For Survival of Mankind

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It is rightly said by James A. Forbes that: A Good Samaritan is not simply one whose heart is touched in immediate care and charity, but one who provides a system of sustained care. Good Samarita...

Neuroscientific Evidence In Courtroom Symposium

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Neuroscience is the study of the nervous system for understanding how the brain regulates the body and behavior of an individual giving rise to his/her consciousness. This has immensely contribut...

Medical Professionals Should Not Be Dragged Into Criminal Proceedings Unless ...

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In Criminal Appeal No. 770 of 2009 titled Anjana Agnihotri , Vs. State of Haryana, directed against the Judgment dated 23.04.2008 of the Punjab & Haryana High Court, whereby, the High Court uphel...

Evaluation of Bio-Medical Waste Management In Government Hospital-A Critical ...

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It has been a growing awareness of the need for safe management of biomedical and healthcare waste all over the world. Biomedical waste and Healthcare wastes which pose the greatest risk to human...

Post Mortem Changes In Dead Bodies

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After the death, some natural changes occurs in human body. To understand some common post mortem changes and the conditions that affect them to allow the forensic pathologist to estimate the pos...

Legal Admissibility of Narco Analysis And Polygraph Test In India

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Narco - AnalysisThe term Narco-Analysis is derived from the Greek word marks (meaning Anaesthesia or Torpor ) and is used to describe a diagnostic and psychotherapeutic technique that uses psy...

Medical Negligence And Law In Global Perspectives

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Ignorance of the law is no excuse. The rule is Applied everywhere. A doctor in particular should have the knowledge of law which belongs to the medical profession. In case of professional liabili...

What License Required To Open A Hospital In India And Their Procedure

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The set-up of hospitals in India re mainly of two types: i.e. Government hospital and Private Hospitals. Furthermore, they could be general, specialty or multi-specialty hospitals. The rules and ...

DNA Profiling and Indian Legal System

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Following the current judicial trends on account of usage of forensic tools, our country is improving while adjudicating on both civil and criminal matters. In pursuit of truth, Indian judiciary ...

Medico-Legal Autopsy In Anaphylactic Deaths

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Anaphylactic shock is as a fatal condition occurring rapidly after exposure to an antigen and producing clinical features of profound generalized shock, acute respiratory distress, asphyxia, se...

Medico-Legal Autopsy Protocol

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A protocol is a signed document containing a written record which can be used as proof for something when required. An Autopsy Protocol is a document containing a written record of autopsy find...

Autopsy - Radioactive Cadavers

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Radioactivity may be defined as the decomposition of an atom accompanied by the emission of Radiant energy such as alpha, beta and gamma rays. The gamma rays and the X-rays have akin properties. ...

Medico-legal Autopsy In Abortion Deaths

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In a routine autopsy the usual practice is to open a body with a chin to downwards. However, in a criminal abortion, it is necessary to follow a different order if evidence of air embolism- the...

Consult Attorneys in Alaska for Your Personal Injury Case

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It should be simple—somebody acts negligently and you are injured.  You bring a lawsuit and you get money for your injuries.  Unfortunately, however, the process of recovering monies f...

Chamki Fever: Pil, Deaths And Lychee Connection

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In June 2019.Acute Encephalitis Syndrome (Chamki Bukhar) has claimed the lives of 100 children in Bihar’s Muzaffarpur in the last fortnight. There are nearly 300 children admitted to the...

Role of ICT in Forensics and Evidence

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Forensics has become an important part of solving crimes and finding criminals. It not only helps in identifying the way and cause of death but many other circumstances related to the death. But ...

Model Good Samaritan law

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The country like India, being a developing country does not have a reasonable rescue mechanism in place when an accident takes place. In such cases bystanders play a major role in saving lives by...

AI is Set to Transform Indias Healthcare: Where is the Legal Framework

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Machine learning and artificial intelligence (AI) is making rapid strides in the healthcare sector in India. Global technology leaders such as Microsoft, Google and Siemens as well as dozens of...

Fertility Services Regulation Needs Re and New Thinking

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Fertility Services Regulation Needs Re and New Thinking - A brief study on Assisted Reproductive Technology and its legal regulations in India “As the family goes, so goes the nation and ...

The Reliability of Forensic Sciences

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Forensic science is the employment of scientific discipline and technology in the field of civil and criminal laws. Essentially this field of science propounds various standards, regulations an...

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