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Where is the legal concept of "Injuries likely to cause death' found in Sri Lankan "Medico-legal classification of injuries"

Author:

S. M. H. M. K. Senanayake

Teaching Hospital, Anuradapura, LK
About S. M. H. M. K.
Judicial Medical Officer
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Abstract

Forensic medical practitioners (FMP) recognize different types of injuries according to severity as non-grievous, grievous endangering life, fatal in ordinary cause of nature and necessarily fatal.

 

Legal concepts about severity of injuries are found in following sections of Penal Code of Sri Lanka-Non grievous hurt in Section 310, Grievous hurt in Section 311. , Fatal in the ordinary cause of nature in Section 294-(third)., Necessarily fatal in Section 294 (fourth).

 

“Injuries likely to cause death” is an important legal concept applied for the judgment of offences against human life. But FMP do not recognize, academically discuss or research this topic because it is not directly mentioned in medico legal examination form or medico legal report as a category of medico-legal classification of injuries.

 

This concept seems to be included in the category of “endangering life” under limb ‘h’ of grievous hurt and need careful consideration for correct recognition by doctors, police and judiciary.

“Endangering life” category includes existing clinical conditions which may cause death such as-

1. Already developed rare fatal complication
2. Injuries which has significant possibility of death 40- 50%.
3. Injuries which has a probability of death (more than 50% chance of death or injuries likely to cause death).

Till legal amendments are done to in cooperate “injury likely to cause death” in to medico-legal examination form and medico-legal report, forensic medicine practitioners should be informed to explain the basis for categorizing the injury under “endangering life” as one of above three reasons.


Sri Lanka Journal of Forensic Medicine, Science & Law-December 2015; 6(2): 8-13
How to Cite: Senanayake, S.M.H.M.K., (2016). Where is the legal concept of "Injuries likely to cause death' found in Sri Lankan "Medico-legal classification of injuries". Sri Lanka Journal of Forensic Medicine, Science & Law. 6(2), pp.8–13. DOI: http://doi.org/10.4038/sljfmsl.v6i2.7764
Published on 06 Feb 2016.
Peer Reviewed

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