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R.L. Gupta's  Medico-Legal Aspects of Sexual Offences
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R.L. Gupta's Medico-Legal Aspects of Sexual Offences

by Revised by K. Kumar
Edition: 3rd Edition, 1991.
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R.L. Gupta's  Medico-Legal Aspects of Sexual Offences
Law relating to  Women & Children
Forensic Ballistics in Criminal Justice
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Product Details:

Format: Hardcover
Pages: 584 pages
Publisher: Eastern Book Company
Language: English
ISBN: 8170124409
Dimensions: 24.2 CM X 3.39 CM X 16 CM
Publisher Code: B/440
Date Added: 2001-01-01
Search Category: Lawbooks
Jurisdiction: Indian


The trial of a sexual offence requires not only a legal but also a certain amount of medical knowledge. The author has very succinctly dealt with both these aspects in this book. The substantive law, together with essential practice and procedure points, has been laid down and commented upon with the help of decided cases. How medical evidence is to be dealt with, is also explained.

A glossary of 'Legal, Medical and Technical Terms' included in the book gives a clear, yet concise, explanation of the terms. The explanations will be easily understood by practioners of both the disciplines.

The book will be found invaluable by all those involved with such medico-legal cases, including lawyers, judges, doctors and the police, etc.



  • Criminal Law Journal: The arrangement of the book is very systematic. Every topic has been fully dealt with and commented upon in the light of the important decided cases of India and also the legal position regarding the topic in foreign countries. While explaining the different topics, the author has established a beautiful link between the medico aspect of the topics and that of the legal aspects. The language is simple, as well as clear. There is a glossary of relevant medical technical terms and a subject index at the end. The book is useful not only for the Bench and the Bar but also for police, other officers and laymen. The handbook contains concise information about various sexual offences and deserves to be on the table of every lawyer and doctor.

  • Kerala Law Times: This is a fine literary, scientific and scholarly work on the Medico-Legal aspects of sexual offences. The commentary is thoroughly elucidatory and scholastic, expressed in clear, lucid and simple style, enabling easy understanding and providing a mine of information. Case-law both Indian and Foreign is up-to-date and complete. The wealth of details, statistics and documentation testify to the pains undertaken by the author. This book will be indispensable for day to day consultation for the Bench and the Bar, Police and other officers and interesting reading for the laymen.

  • Gujarat Law Reporter: The book is sure to be appreciated by the criminal lawyers, Jurists and it will be helpful to the members of the Bench and the Bar.


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Table Of Contents:

                   Special norms in sexual activities 1
                   Double standard in practice 1
                   Biological difference between man and woman 2
                   Female foeticide and female infanticide 4
                   Dowry death and bride burning 6
                       Definition of dowry 8
                       Proof of abetment to suicide 8
                       Presumption as to dowry death 9
                   The practice of 'Sati' 9
                   Sexual abuse 10
                       Gang rape 13
                   Prostitution 14
                       Can prostitution be abolished 17
                   Women - Victims of witchcraft 18
                   Female criminality 18
                   Conclusion 19


                   Male pelvis 20
                       Urinary bladder 20
                       Course of ureters 21
                       Vesical vessels 21
                       Bladder 21
                       Urethra and genital system 22
                       Prostate 22
                       Genital duct 22
                       Penis 23
                       Muscles in the male organ 23
                       Testes 24
                   Cellular functions 24
                   Spermatozoa 25
                   Performance of male sexual act 26
                       Erection and Lubrication 27
                       Ejaculation 27
                       Male climax 28
                   Psycho-sexual disorders of male 28
                       Causes of sexual disorders 28
                   Impotence and Sterility in male 29
                       Importance of the question of sterility and impotence 29
                       Causes of impotency and sterility in male 29


                   Female Pelvis 33
                   Urinary System 33
                       Ureters 34
                       Urethra 34
                   Female Genital Organs 34
                       Ovaries 35
                       Uterine tubes 35
                       Uterus 36
                       Vessels and nerves 36
                       Ligaments of the uters 37
                       Vagina 37
                   The hymen 38
                       Annular hymen 39
                       Semilunar or crescentic hymen 39
                       Fimbriate hymen 39
                       Septate hymen 40
                       Other causes of the rupture of hymen 40
                   Rectum 41
                   Female sexual act 42
                       Transport of ovum 42
                       Female erection and sexual lubrication 42
                       Ovarian harmones 42
                   Psycho-sexual disorders for females 43
                   Impotence or sterility in female 43
                       Extreme youth in a female 44
                       Sterility due to advanced age 44
                       Malformation or defect in vagina causes sterility 44
                       Disease 44
                   Menstruation 45
                   Virginity 46
                   Physiology of the foetus 48
                       The act of fertility 48
                       First stage after fertilization 48
                       Second week of development 48
                       Up to twelfth week of pregnancy 48
                       Development of foetus at the end of fourth month 49
                       Development of foetus at the end of fifth month 49
                       Development of foetus at the end of sixth month 49
                       Development of foetus at the end of seventh month 50
                       Development of foetus at the end of eighth month 50
                       Development of foetus at the end of ninth month 60
                       Tenth month (fortieth week) 51
                   Signs of pregnancy 51
                       Subjective signs of pregnancy 51
                       Objective signs of pregnancy 52
                   Functional Activity of the breasts 54
                       Mammary glands 54
                       Development of breasts 54


                   Opinion of experts 56
                   When Medical Officer/Expert can furnish opinion 57
                   Evaluation of the evidence of a Medico-legal Expert 58
                   Deposition of medical witness 60
                   Medical examination of accused 62
                       Signs on the person of accused in a rape case 62
                       Can accused be compelled for medical examination 66
                       Attitude of medical examiner 69
                   Examination of prosecutrix 71
                       Marks of violence on the body 71
                       Marks of violence near genital 71
                       Gonorrheal infection 73
                       Blood and seminal stains 73
                       Presence of spermatozoa in vagina 74
                   Determination of sex 76
                       Probable and certain features 77
                       Intersexuality 77
                       Concealed sex 79
                       Trans-sexualism 79
                       Decomposed bodies 80


                   Definition 82
                   Types of abortion 82
                   Causes of natural abortion 82
                   Accidental abortion 84
                   Unnatural abortions 84
                   Unjustified abortions 87
                   General violence 87
                   Local violence 88
                   Electric method 88
                   Syringing 88
                   Dilation of the cervix 89
                   Abortion pill 89
                   Therapeutic methods 89
                   Feigning abortion 89
                   Legal/Medico-legal questions in abortion 90
                   Medico-legal examination 99
                       Examination of the living 99
                       Examination of the dead 99
                   Post-mortem delivery 101
                   Rights to abortion in induced abortion cases 101
                   Post-abortion delivery 103
                   Surrogate motherhood 104
                   Test-tube babies 104


                   Introduction 106
                   Medico-legal significance of age 107
                       To fix identity of a person 107
                       For fixing criminal responsibility 107
                       In rape cases 107
                       In offence of kidnapping from lawful guardianship 107
                       Procuration, selling and buying minors and kidnapping child 108
                       Criminal abortion 109
                       Impotence and sterility 109
                   Proof of age 110
                   Date of birth in a school register 110
                   Date of birth in the register of Baptism 112
                   Date of birth in Horoscopes 112
                   Birth registers 112
                       Municipal register 113
                       Register maintained by chowkidars 114
                       Matriculation certificate 115
                       Proof of 115
                   Determination of age by Medical Expert 115
                       Teeth 116
                       Temporary teeth 117
                       Permanent teeth 117
                       Height and weight 119
                       Hair 120
                       Breasts 121
                       Ossification 122
                   Case-laws 126
                       Supreme Court 126
                       Jammu and Kashmir High Court 128
                       Guwahati High Court 128
                       Allahabad High Court 129
                       Andhra Pradesh High Court 129
                       Madhya Pradesh High Court 130
                       Himachal Pradesh High Court 130
                       Bombay High Court 130
                       Rajasthan High Court 131
                       Gujarat High Court 133
                       Patna High Court 134
                       Kerala High Court 135
                   Intelligence test for ascertaining the age of majority/maturity 136
                   Medical examination of arrested person 137


                   Introduction 141
                       Opinion of experts 142
                       Competency of experts 142
                   Special provisions as regards admissibility of certain reports 143
                       Government scientific experts 143
                       Chemical examiner 144
                       Serologist 147
                   Stains 149
                       English law on reports on nature of stains 149
                       Substance resembling blood stains 151
                       Mud or dirt 153
                       Blood stains 153
                   Examination of blood 153
                       Physical/visual inspection 154
                       Microscopical examination 156
                       Chemical analysis 159
                       Hemin crystal test 159
                       Haemochromogen test (Tekayama method) 160
                       Benzidine test 160
                       Spectroscopical examination 161
                       Biological examination 162
                       Blood grouping 163
                       Absorption eleution technique 165
                       Individualisation from blood sample 166
                       DNA finger printing 167
                       Disputed paternity cases 168
                       Sexing of blood 169
                   Seminal stains 170
                       Ejaculation 170
                       Importance in sexual offences 170
                       Physical examination 171
                       Florence test chemical examination 173
                       Barberio's test chemical examination 176
                       Acid phosphatase test 177
                       Thin Layer chromatographic technique 179
                       Microscopical examination 180
                       Age of seminal stain 180
                   Examination of saliva stains 181
                       Chemical examination 181
                       Microscopic examination 181
                       Grouping of saliva stains 182
                   How to send exhibits for examination 182
                       Report and parcel must be sent separately 182
                       Description of weapon 182
                       Send articles intact 182
                       Protect stains by cotton wool 183
                       How to send flesh and skin 183
                       Wearing apparel containing stains-Entire garment to be sent 183
                       Label to give information 183
                       Not to fold cloth at the stained portion 183
                       Ants not to gain access to stain 183
                       Blood-stained knives, weapons, etc.-How to be sent 183
                       What information to be noted on labels of weapon 183
                       Separate articles in separate packing cases 184
                       History of case 184


                   Statutory provision 185
                   Criminal force 185
                   Woman 187
                   Scope of Section 354, I.P.C. 188
                   Outraging modesty of a woman 188
                   Acts which are offences 189
                   Procedure 191
                   Charge 191
                   Defence 192
                   Offences relating to marriage other than adultery 194


                   Section 375, Clause Fourthly 194
                       Corollary to exception to Section 375 194   
                       Punishment for rape under Section 376(1) 194
                       Intercourse by a man with his wife during separation
                       (Section 376-A) 195
                       Cohabitation caused by a man deceitfully inducing a belief of
                       lawful marriage (Section 493) 195
                       Marrying again during lifetime of husband or wife (Section 494) 195
                       Marrying again during lifetime of husband or wife with concealment of
                       former marriage from person with whom subsequent marriage
                       is contracted (Section 495) 195
                       Marriage ceremony fraudulently gone through without lawful
                       marriage (Section 496) 195
                       Cases and case-laws 195
                   English Law 202
                   Fraudulent marriages 206
                   Distinction between Section 496 and Section 493, I.P.C. 208
                   Bigamy as punishable offence according to marriage laws 209
                       The Parsi Marriage and Divorce Act, 1936 209
                       The Special Marriage Act, 1954 209
                       The Hindu Marriage Act, 1955 209
                   Other penal provisions of marriage laws 211
                       The Parsi Marriage and Divorce Act, 1936 211
                       The Special Marriage Act, 1954 212
                       The Hindu Marriage Act, 1955 213
                       The Child Marriage Restraint Act, 1929 213
                   Matrimonial faults leading to divorce 214
                       The Parsi Marriage and Divorce Act, 1936 214
                       Dissolution of Muslim Marriage Act, 1939 216
                       Dissolution of marriage in Christians 217
                       Hindu Marriage Act, 1955 218
                       The Special Marriage Act, 1954 220
                   Conclusion 222


                   General 225
                       Meaning of adultery 225
                       Historical background 227
                   Codification 230
                       America 230
                       England 230
                       Pakistan 231
                       India 231
                   Statutory provisions 231
                       Section 497, I.P.C. 231
                       Ingredients to prove adultery 232
                       Procedure 232
                       Charge 232
                   There must be Sexal Intercourse 232
                   Woman must be married 233
                   Has knowledge or reason to believe 235
                   Without consent or connivance of husband 237
                       Consent 237
                       Connivance 237   
                   Not amounting to rape 241
                   Scope of Section 497, I.P.C. 241   
                   Defect of Section 497, I.P.C. 242
                   Wife not abetter 242
                   Constitutional validity of Section 497, I.P.C. 243
                       Article 14 of the Constitution 243
                       Article 15(1) of the Constitution 244
                   Discriminatory nature of Section 497, I.P.C. 244
                   Condonation of the offence 245
                   Death of husband 246
                   House trespass to commit adultery 246
                   Offence if continuing 247
                   Compliant 247
                       Meaning of 247
                       Who may complain 247
                       Charges of house trespass with intent to commit adultery requires
                       no complaint of husband 248
                       Complaint by person having care of woman during
                       husband's absence 248
                       Meaning of specific section necessary in the complaint 248
                   Adultery and Rape-Distinction 249
                       Woman 249
                       Consent of woman 249
                       Whether it can be committed by a husband with his own wife 249
                       Adultery is against marriage whereas the offence of rape is against
                       the person of the woman 249
                       Who is the aggrieved party 249
                       How punished 249
                   Evidence of proof 249
                   Burden of proof 250
                   Civil Remedies for the acts of adultery 250


                   Meaning of the words 'Kidnapping' and 'Abduction' 253
                       Kidnapping 253
                       Abduction 256
                   Provisions of punishment for kidnapping and abduction 257
                       American law regarding kidnapping 257
                       English law 258
                       Indian law 259
                       Statutory provisions regarding punishment for kidnapping
                       and abduction 259
                   Lawful guardian 267
                       Meaning   267
                       Guardians under Hindu law 268
                       Guardian under Mohammedan law 269
                       Illustrative cases 269
                   Out of the keeping of lawful guardian 274
                       General 274
                       Meaning of the phrase explained by Supreme Court and different
                       High Courts 274
                           Supreme Court 274
                           Allahabad High Court 275
                           Andhra Pradesh High Court 277
                           Orissa High Court 278
                       Gurdian in civil law 279
                   Takes or Entices 279
                       Meaning of the phrase 279
                       Distinction between the two words 279
                       Case-laws 280
                           Allahabad High Court 280
                           Calcutta High Court 281
                           Karnataka High Court 282
                           Kerala High Court 282
                           Madhya Pradesh High Court 285
                           Madras High Court 285
                           Mysore High Court 286
                           Punjab and Haryana High Court 288
                   Seduced to Illicit intercourse 288
                       Meaning of 'seduction' 288
                       Meaning of the phrase 289
                       Illustrative cases 289
                   Consent of guardian 293
                       General 293
                       Illustrative cases 293
                   Consent of Minor 294
                       General 294
                       Importance of the consent of the person kidnapped 295
                       Illustrative cases 295
                   Ingredients of kidnapping from India-Section 360, I.P.C. 295
                       General 295
                       Essentials 296
                       Illustrative cases 296
                   Ingredients of kidnapping from Lawful Guardianship 296
                       General 296
                       Essentials 296
                       Illustrative cases 297
                   Ingredients of abduction 298
                       General 298
                       Essentials 298
                       Illustrative cases 298
                   'Kidnapping' and 'Abduction' distinguished 300
                   Kidnapping or maiming a minor for purposes of begging
                   Section 363-A, I.P.C. 300
                       General 301
                       Ingredients 301
                       'Begging' explained 301
                   Kidnapping or abducting in order to murder-Section 364, I.P.C. 301
                       General 300
                       Ingredients 301
                       Illustrative cases 302
                   Kidnapping or abducting with intent secretly and wrongly to
                   confine persons-Section 365, I.P.C. 305
                       General 305
                       Ingredients 305
                       Illustrative cases 305
                   Kidnapping or abduction to compel a woman to marry, etc.
                   Section 366, I.P.C. 306
                       General 306
                       Ingredients 306
                       Illustrative cases 307
                   Procuration of minor girls-Section 366-A, I.P.C. 319
                       General 319
                       Ingredients 319
                       Illustrative cases 320
                       Procuration of minors 323
                   Importation of Girls from foreign countries - Section 366-B, I.P.C. 323
                       General 323
                       Scope 325
                       Ingredients 325
                   Kidnapping or abducting in order to subject person to grievous
                   hurt, slavery, etc.-Section 367, I.P.C. 325
                       General 325
                       Ingredients 325
                       Illustrative cases 325
                   Wrongfully concealing or keeping in confinement, Kidnapped or
                   anducted person-Section 368, I.P.C. 326
                       General 326
                       Ingredients 326
                       Illustrative cases 326
                   Kidnapping or abducting child under ten years with intent to steal
                   from its person-Section 369, I.P.C. 329
                       General 329
                       Ingredients 329
                   Evidence of girl in cases of kidnapping and abduction 329
                       General 329
                       Illustrative cases 330
                   Procedure to be adopted in case of sexual offences 330
                       Cognizable or non-cognizable 330
                       Bailable or non-bailable 331
                       Not compoundable 331
                       The court empowered to try the case 331
                       Schedule I of the Code of Criminal Procedure, 1973
                       Relevant portions 332
                   Charges 334


                   Introduction 337
                   Punishment for rape 339
                   Ingredients of the offence 341
                   Sexual Intercourse 341
                   Against her will 342
                   Consent 342
                   Consent in fear of death or of hurt 344
                   Consent obtained through fraud or mistaken belief 346
                   Consent given by a person unable to understand the nature
                   of the act 347
                   Consent by a girl under sixteen years of age 347
                   Penetration 348
                   Attempt 350
                   Evidence and proof 354
                       Statement of the prosecutrix 354
                       Corroboration 357
                       Medico-legal testimony in rape cases 362
                       Age of the girl 369
                   Examination of accused 371
                   Illustrative cases 372
                   Important questions in cases of rape 375
                       Can rape be committed by a woman on a man 375
                       Whether a single male is capable of committing rape on an
                       adult female of ordinary or average strength in full possession
                       of her senses 375
                       Is it possible to violate a woman during sleep without
                       her knowledge 376
                       Can a woman be violated during certain unconscious state 376
                       Can pregnancy follow rape 376
                       Can death be caused by rape 376
                       False accusation of rape 377
                   Sentence 378
                   Gang rape 384
                   Presumption for conduct 385
                   Procedure 386


                   Introduction 388
                   Hypothalamus and sex 392
                   Statutory provisions 393
                   ''Man or Woman''-Meaning of 393
                   Animal-Meaning of 393
                   Voluntarily-Meaning of 393
                   Intercourse-Meaning of 394
                   Analogous Law 395
                       Foreign Law 395
                       Indian Law 397
                   Evidence and proof 398
                   Age of the accused 399
                   Attempt 400
                   Duty of court 400
                   Procedure 400
                   Charge 401
                   Sentence 401


                   Historical background 402
                   International Instruments 406
                   The object of the Act 406
                   Amending Act 44 of 1986 408
                   The Immoral Traffic (Prevention) Act, 1956 409
                       Short title, extent and commencement 409
                       Definitions 410
                       Rule of construction regarding enactments not extending to Jammu
                       and Kashmir 418
                       Punishment for keeping a brothel or allowing premises to be used
                       as a brothel 419
                       Punishment for living on the earning of prostitution 424
                       Procuring, inducing or taking person for the sake of prostitution 426
                       Detaining a person in premises where prostitution is carried on 429
                       Prostitution in or in the vicinity of public places 431
                       Seducing or soliciting for purpose of prostitution 435
                       Seducation of a person in custody 437
                       [Omitted] 439
                       Detention in a corrective institution 439
                       Notification of address of previously convicted offenders 441
                       [Omitted] 443
                       Special police officer and advisory body 443
                       Offences to be cognizable 447
                       Search without warrant 450
                       Rescue of person 455
                       Intermediate custody of persons removed under Section 15 or
                       rescued under Section 16 456
                       Conditions to be observed before placing persons rescued
                       under Section 16 to parents or guardians 461
                       Closure of brothel and eviction of offenders from the premises 461
                       Application for being kept in a protective home or provided care
                       and protection by court 465
                       Removal of prostitute from any place 466
                       Protective homes 471
                       Production of records 478
                       Trials 479
                       Power to establish Special Courts 480
                       Power of Central Government to establish Special Courts 481
                       Power of court to try cases summarily 481
                       Power to make rules 482
                       Act not to be in derogation of certain other Acts 485
                       Repeal and savings 485
                           The Schedule 486
                   Trap witnesses 486
                   Selling minor for purposes of prostitution-Section 372, I.P.C. 487
                   Buying minor for purposes of prostitution etc.-Section 373, I.P.C. 489


                   SUBJECT INDEX 531
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