BNS, BNSS, and BSA MCQs

The first-hand knowledge rule is applicable to a common witness who gives evidence about the facts observed or perceived by him An expert witness is someone who has been trained or is skilled or has knowledge and experience and is able to draw conclusions from the facts observed by him. Doctors, handwriting/fingerprints/firearms experts etc. come under this category. A hostile witness is a person who is supposed to have some interest or motive for concealing a part of the truth or for giving completely false evidence. Reference: The Essentials of Forensic Medicine & Toxicology, KS Narayan Reddy, 35 th Edition, Page No. 9, 10

Explanation: The first-hand knowledge rule applies to a common witness who gives evidence about the facts observed or perceived by them. An expert witness is someone who has been trained or is skilled or has knowledge and experience , and can conclude from the facts observed by them. Doctors , handwriting/fingerprints/firearms experts etc. come under this category. (Options B and C) A hostile witness is a person who is supposed to have some interest or motive for concealing a part of the truth or for giving completely false evidence. (Option D)

Sec. 106. (1) BNS - Causing death by negligence: Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. Explanation: For the purposes of this sub-section, "registered medical practitioner" means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act. Reference: Bharatiya Nyaya Sanhitha, 2023

Explanation: A dying declaration is a written or oral statement made by a person on the verge of death, explaining the circumstances leading to their fatal condition - usually involving an unlawful act. Ideally, a Magistrate is called to record the statement. However, in emergencies, if the Magistrate is unavailable and the person is in critical condition, the declaration can be recorded by: A medical officer (Option A) A police officer (Option C) Any responsible person (e.g., a lawyer or bystander) (Option B) The declaration must be recorded in the presence of two witnesses whenever possible.

Recognition of Medical Qualifi­cations by MCI is as follows: The First Schedule: Contains the recognized medical qualifications granted by Universities in India. The Second schedule: Contains the recognized medical qualifications granted outside India. Third schedule has two parts; Part I: Contains medical qualifications granted by Indian Universities which are not included in First schedule Part II: Contains medical qualifications granted by Foreign Universities which are not included in Second schedule Reference: Schedules under MCI/NMC (IMC Act 1956)

Principles of medical ethics are: Respect for autonomy: Respect the decisions made by other people concerning their own lives. Beneficence: Action done for the benefit of others. Non-maleficence: ''Do no harm.'' Justice: Treat all people equally, fairly, and impartially. Reference: https://www.themedicportal.com/application-guide/medical-school-interview/medical-ethics/

Explanation: The State Medical Council (SMC) is responsible for maintaining professional standards and registration within a specific state. Its major roles include: Maintaining the medical register of all RMPs in the state. Issuing warning notice to all the doctors at the time of registration Taking disciplinary action against doctors found guilty of professional misconduct. However, recognition of medical qualifications is not within the jurisdiction of the SMC. This function lies with the National Medical Commission (NMC) under the NMC Act, 2019 (previously the role of the Medical Council of India). Key Takeaway: Recognition of medical qualifications is the responsibility of the National Medical Commission , not the State Medical Council.

Explanation: The doctor should prioritise appearance in the murder case and inform the civil court about their inability to attend at the scheduled time. When a witness receives multiple summonses, priority rules apply : Criminal cases take precedence over civil cases. Since a murder case is criminal and a negligence case is civil, the doctor must attend the criminal court first. Higher courts have priority over lower courts. If summoned by two courts of the same status, the witness attends the court from which the summons was received first, informing the other court. Failure to attend a criminal court without valid reason can result in contempt of court , fines, or even imprisonment. In civil cases, non-attendance may lead to liability for damages, but criminal matters are considered of greater public importance.