Medico-legal effects of poison 2020

S.S. JAIN SUBODH LAW COLLEGE

Medico-Legal Aspects of Poison

SUBMITTED TO SUBMITTED BY
MR. MANOJ JAIN GARGI SHARMA

ASSISTANT PROFESSOR OF LAW 6TH SEMESTER (SEC – A)

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DECLARATION

I, Gargi Sharma, do hereby declare that, this research project titled ‘Medicolegal aspects of
posion’ is an outcome of the research conducted by me under the guidance of Mr. Manoj Jain
(Assistant Professor of Law) at S.S. Jain Subodh Law College in fulfilment for the award of the
degree of B.A.LL.B. at the University of Rajasthan.

I also declare that, this work has taken assistance from other sources and necessary
acknowledgements for the same have been made at appropriate places.

I further declare that, this work has not been submitted either in whole or in part, for any degree
or equivalent in any other institution.

11-10-20

Gargi Sharma

S.S. Jain Subodh Law College

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 Medico-legal effects of poison 2020

CERTIFICATE

This is to certify that the research project titled ‘Medicolegal aspects of posion’ submitted by
Gargi Sharma in fulfilment for the award of the degree of B.A.LL.B from Rajasthan University
at S.S. Jain Subodh Law College is the product of research carried out under my guidance and
supervision.

Mr. Manoj Jain

Assistant Professor of Law

S.S. Jain Subodh Law College

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 Medico-legal effects of poison 2020

ACKNOWLEDGEMENT

I acknowledge with profundity, my obligation to Almighty God and my parents for giving me
the grace to accomplish my work, without which this project would not have been possible.

I express my heartfelt gratitude to my respected faculty Mr. Manoj Jain (Assistant Professor of
Law) for providing me with valuable suggestions to complete this research project.

I am especially grateful to all my faculty members at S.S. Jain Subodh Law College who have
helped me imbibe the basic research and writing skills.

Lastly, I take upon myself, the drawbacks and limitations of this study, if any.

11-10-2020

Gargi Sharma

S.S. Jain Subodh Law College

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 Medico-legal effects of poison 2020

Table of Contents

CHAPTER 1....................................................................................................................................6
INTRODUCTION...........................................................................................................................6
CHAPTER 2....................................................................................................................................7
DUTIES OF THE MEDICAL PRACTIONER...............................................................................7
CHAPTER 4..................................................................................................................................11
INVESTIGATION........................................................................................................................11
CHAPTER 5..................................................................................................................................13
SUMMARY...................................................................................................................................13
CHAPTER 6..................................................................................................................................14
BIBLIOGRAPHY..........................................................................................................................14

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 Medico-legal effects of poison 2020

CHAPTER 1

INTRODUCTION
For a proper investigation of any case related to poisoning, it is imperative to follow certain
protocols to collect and preserve the exhibits for further analysis and opinion. It is vital to collect
and preserve the pertinent material in the correct way and should preferably be kept in cold
storage. The selection of visceral tissues to be preserved for chemical analysis is based on the
history of poisoning or its distribution in various organs and tissues. The detection and
distribution of a poison or drug in different body fluids and tissues is of prodigious significance
because there are various routes of entry of poisons into the body. The poison might have passed
from one organ and have been introduced into another organ like stomach after death to mark a
homicidal act. Furthermore, after death, the supply of energy from metabolic processes is
affectedly reduced, the integrity of the different parts within the body breaks down at different
rates, complex molecules be likely to to breakdown into their simpler subunits and move down
concentration gradient that were maintained in life by the expenditure of metabolic energy.
Apparently, these processes do not occur at once. Consequently, for a variable length of time
after death, the analysis of appropriate samples may yield useful information about the metabolic
state of the poison in the period just before death. Once death takes place, many drugs are
released from their binding sites in tissues as pH decreases on death and as the processes of
autolysis progress. These phenomena can make the understanding of drug concentration after
death less than straight forward. Preferably, the decision to take viscera samples for toxicological
or biochemical analysis should be made before conducting the post-mortem examination by
reviewing the police report, death report and the treatment report. In the cases, where cause of
death is not apparent at post- mortem, it becomes necessary to take tissue samples for
toxicological analysis.1

1
Chisum, J., "An Introduction to Crime Reconstruction," in Turvey B., Criminal Profiling:

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CHAPTER 2

DUTIES OF THE MEDICAL PRACTIONER

In all cases of alleged or established poisonings the attending physician should record all the
findings in a medicolegal case report and inform the nearest police. If the homicidal poisoning is
suspected by the doctor, the Police officer should be informed under section 39 of the CrPC. If
the doctor fails to report the matter to the police, he may be held liable under section 176 IPC.
The attending physician should collect, preserve and seal the evidence related to the case of
poisoning such as the gastric lavage fluid, vomitus, faeces and urine etc. for onward transmission
to the Forensic Science laboratory for chemical analysis. If the doctor intentionally fails to do so
he is liable to be punished under section 201 IPC. In all the cases of poisoning whether suicidal
or homicidal, it is the duty of the attending physician to disclose to the police whatsoever
information is available. Suppression of the information or providing wrong information makes
the doctor legally responsible under section 202 and 193 of IPC. In case of poisoned patient on
the verge of dying it is the responsibility of the attending doctor to record dying declaration if the
magistrate is not available at that time. Even when the magistrate is recording the statement of
such a patient, the doctor should examine the patient in regards to his perception and whether
there is clear capability of thought and judgment or not. In cases that are brought dead to the
hospital or the patient has died during the course of treatment, the doctor should not issue death
certificate but instead send the body for autopsy examination. In cases of food poisoning, the
doctor should collect the contaminated food and sent it to the Forensic Science Laboratory for
chemical analysis. It is the duty of the doctor to report such cases to public health officials.

SURVIVAL CASES

Following materials may be collected for analysis:

 Stomach wash,

 Vomited material and stained clothes etc,

 Blood sample,

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 Urine and faeces (if available),

 Suspected material recovered from the possession of the victim or accused and from the scene
of crime like food or drink, residual poisonous material etc.

FATAL CASES

Following samples must be preserved for further toxicological analysis:

 Stomach and whole of its contents or stomach wash either is available and one feet of
proximal part of small intestine along with its contents.

 100 gms of liver in pieces, preferably the portion containing gall bladder and its contents, half
of each kidney

 Blood about 50 ml obtained from the femoral artery or vein by percutaneous puncture with a
wide bore needle. It is under no circumstances advisable to collect spilled blood or blood from
body cavities

 Spleen, half in adult and whole in children

 100 ml of urine or the amount available in bladder

IN EXCEPTIONAL CASES

Following material must be preserved:

 Heart and brain tissues

 Uterus with foetus

 Hair with root length and nails

 Piece of skin and tissue from site of bite in cases of snake bite

 Burnt bones and ashes if dead body has been cremated

 The skeleton or the remnant bones in cases of exhumed bodies

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CHAPTER 3

EXTERNAL AND INTERNAL EXAMINATION

EXTERNAL EXAMINATION

Post- Mortem Appearances Clothes and external surface of the body should be observed for
stains of poison, vomitus and faeces etc. The dark brownish or black stains of lips and cheeks
occurs in Sulphuric acid poisoning, yellowish brown stains appear in Nitric acid poisoning and
greyish white stains in carbolic acid poisoning.

Colour of post-mortem staining

The colour of post-mortem staining depends on the poison ingested; Yellow coloured hypostasis
develops in Phosphorus, Copper and Cherry red discolouration occurs in carbon monoxide
poisoning.

Natural orifices

The discharges from natural orifices are distinctive of some of the poisons. In the natural orifices
the evidence of corrosive changes over the mouth, lips and tongue can be seen. They may be
discoloured yellow in HCN poisoning.

Extraneous marks

Injection marks over the body should be noted in some injectable poisons. Evidence of marks of
violence may be seen in homicidal deaths. Presence of any foreign material in the form of
powder, capsules, tablets, leaves or seeds in the stomach.2

INTERNAL EXAMINATION

Odour form the body cavity

The substances detectable by their smell are alcohol, cyanide, carbolic acid, petroleum products,
camphor, nicotine, opium, paraldehyde, phosphorus insecticides, pesticides etc. Many poisons

2
Lee, H., Ed., Physical Evidence, (Enfield, CT: Magnani & McCormick, Inc., 1995)

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have a characteristic smell that is peculiar to that particular poison. Suspected substance Odour
Cyanides Bitter almonds Carbolic Acid Hospital disinfectant Aluminium phosphide/ Zinc
Phosphide Fishy smell Organophosphate pesticides Garlic like Ethanol/ Chloroform/ Nitrites
Sweet or fruity smell

Evidence of inflammation

Ingested poisons may cause softening, reddening, corrosion, or even perforation of the
gastrointestinal tract. Sometimes the poisonous substance in the form of tablets, powder, plant
parts, or fluid may still be present. There may be associated odour.3

Status of organ systems

Liver and kidneys are invariably congested. In some cases, there is evidence of deteriorating
changes or even necrosis. Brain may be congested or oedematous, mostly in the case of
neurotoxic poisons. Petechiae in the white matter are often seen with asphyxiant poisons, which
also produce pulmonary oedema with consequent froth in the airways. The heart may
demonstrate petechiae or degenerative changes in the case of cardiotoxic poisons. 6. Preservation
and packaging of Post- mortem exhibits 6.1 Preservation of exhibits Alcohol is the most suitable
preservative for preservation of portions of viscera except in those cases in which poisoning by
alcohol, phenol where instead of alcohol, a saturated solution of common salt should be used.4

3
Lee, H., Ed., Physical Evidence, (Enfield, CT: Magnani & McCormick, Inc., 1995)
4
Rhodes, H., Alphonse Bertillon: Father of Scientific Detection, (New York: Abelard-Schuman, Inc., 1956)

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CHAPTER 4

INVESTIGATION
Information Supplied by the Investigation Officer

Information collected by the investigating officer is particularly the replies of some queries
which should be furnished by the investigating officer. These are as given below:5

 Name, sex and age of patient/deceased

 Nature of food last taken

 How soon after this meal did the symptoms of poisoning originated?

 Did the patient walk from the place where first taken ill, if so, how far?

 Did the patient complain of pain or discomfort?

 Was there purging?

 Was there vomiting?

 Did the patient become unconscious, if so, how soon did this occur, after the commencement
of the symptoms?

 Was the patient dizzy or faint?

 Did convulsion or cramps occur?

 Was tingling of skin or throat complained of?

 Did the patient talk sensibly or foolishly?

 Did the patient pick at objects on the ground or bed?

 Was any treatment adopted, if so, what was its nature?

5
Gross, H., Criminal Investigation, (London: Sweet & Maxwell Ltd., 1924)

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 Did death occur, and, if so, how soon after the illness began?

 What poison was supposed to have been used?

Following Points must be followed while preserving the Viscera  The viscera are preserved in
saturated solution of common salt or rectified spirit. Rectified spirit is not to be used in
poisonings due to Alcohol, Acetic acid, Phenol, Phosphorus and paraldehyde where saturated
solution of sodium chloride is used. Formaldehyde should not be used as a preservative because
it makes extraction of poisons difficult.  Stomach and intestine are kept together in a glass jar
and in another jar piece of liver, kidney and spleen are preserved. Blood and urine are preserved
separately in two glass bottles. Rubber inserts should not be used as it extracts some poisons like
chloroform and phenols.6

 Quantity of preservative should be equal to the bulk of the organ. Only two-thirds of the bottle
should be filled allowing space for decomposition gases. Bottles should be properly sealed and
well labelled bearing the name of the deceased, Post- mortem number, date and name of the
police station.

 Sample of the preservative used that is 100ml of spirit or 25gm of Sodium Chloride should be
sent to the lab to rule out contamination.

 A Copy of the post-mortem report should also be sent along with the viscera. A sample of seal
should be sent along with the viscera. Viscera along with the sample of preservative and sample
of seal should be handed over to the police.

6
DeForest, P. & Gaensslen, R.E. & Lee, H., Forensic Science: An Introduction to

Criminalistics, (New York: McGraw-Hill, 1983)

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CHAPTER 5

SUMMARY
Poisoning cases being invariably medicolegal in nature, if the patient dies, an inquest will have
to be done, followed by post-mortem examination by a forensic pathologist. This is for the
purpose of ascertaining the circumstances in which poisoning occurred, and to establish the exact
cause and manner of death. An important proof of poisoning is the detection of poisons in the
excreta, blood and viscera. The finding of the poison in the food, medicines act as a
corroborative but not a conclusive proof. The medical practitioner must preserve all the viscera
and get it sealed in his presence for onward transmission to the police officer who will forward it
to the Forensic Science Laboratory for chemical analysis. In every case of death due to
poisoning, an effort must be made to demonstrate the presence of poison by standardised
analytical methods. For this purpose, the pathologist conducting the autopsy must collect certain
of the viscera and body fluids and despatch them through the police to the nearest forensic
science laboratory.7

While submitting the samples for analysis it must be ensured that the correct quantity has been
preserved in appropriate preservative in suitable, sealed containers. In some cases, additional
viscera or body fluids may have to be preserved depending on the nature of the poison. It is
important to label all the containers with details as to the post-mortem number, case number,
details of the deceased, police station to which the case belongs, the date of collection, the exact
nature and quantity of the specimen, the nature of preservative, and the name, designation, and
signature of the pathologist.

7
Inman, K., Rudin N., An Introduction to Forensic DNA Analysis, (New York: CRC Press,

1997)

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CHAPTER 6

BIBLIOGRAPHY
Books

Books

 Chisum, J., "An Introduction to Crime Reconstruction," in Turvey B., Criminal

Profiling:

An Introduction to Behavioral Evidence Analysis, (London: Academic Press, 1999)

 Cwiklik, C., "An Evaluation of the Significance of Transfers of Debris: Criteria for

Association and Exclusion," Journal of Forensic Sciences, 1999: 44(6), pp.1136-1150

 DeForest, P. & Gaensslen, R.E. & Lee, H., Forensic Science: An Introduction to

Criminalistics, (New York: McGraw-Hill, 1983)

 DeHaan, J., Kirk's Fire Investigation, 4 th  Ed., (Upper Saddle River: Prentice Hall,
1997)

 Gross, H., Criminal Investigation, (London: Sweet & Maxwell Ltd., 1924)

 Inman, K., Rudin N., An Introduction to Forensic DNA Analysis, (New York: CRC Press,

1997)

 Lee, H., Ed., Crime Scene Investigation, (Taoyuan, Taiwan: Central Police University

Press, 1994)

 Lee, H., Ed., Physical Evidence, (Enfield, CT: Magnani & McCormick, Inc., 1995)

 Reik, T., The Unknown Murderer, (New York: Prentice Hall, 1945)

 Rhodes, H., Alphonse Bertillon: Father of Scientific Detection, (New York: Abelard-

Schuman, Inc., 1956)

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