INTRODUCTION
Poisoning is a leading cause of death. Toxicology is the branch of medical science that specifically deals with poisons, specifically the source, characteristics, properties, and symptoms and signs that such poisons produce on the human body, the lethal dose that can be administered, the nature of fatal results, the corrective measures that must be used to combat the effects of such poisons, and the methods of detection and estimation by correlating with autopsy findings. When it comes to the aspect of a Medical Practitioner, this study of Toxicology deals with the law regarding the sale and prescription of Poisons. At the outset it might seem simple enough to define what a poison is; however, legally it is not quite as simple as it first appears.
Effect of Poison
In effect, a poison is a chemical bomb. It does not explode with an external violent force, but nonetheless, like an explosive, it destroys the internal natural workings of a victim’s physiology. Different methods of administering poison can be used to achieve various goals. It can be given intramuscularly by intravenous injection, as well as through parenteral methods such the intestinal and enteral routes. Other layers of the body, including the mucous membrane (respiratory tract), eye, vagina, ear, etc., can also be contaminated by poison. Once ingested, poisons frequently stay in the body for varying amounts of time in the form of necessary metabolites. When a chemical is absorbed by the blood or organs and changes into an active metabolite that has a specific effect on the body, the toxic symptoms of that toxin are visible. Damage is done to the body or organ as a result. Sometimes it behaves in a way that interferes with an organ's ability to function properly, ultimately leading to death.
Classification of Poisons
Homicidal poisoning are the act of a human being killing another human being. The near ideal homicidal are Thallium and Fluoride (in rodenticide). Commonly used homicidal are: Snake venom, Corrosive, Opium, Strychnine, Cyanide etc.
Suicidal poisoning is characteristics should be cheap, easily available. some poisons are mainly popular for Suicidal puposes because of their common availability in house or the working place like cyanide in electroplating units, and sodium nitrate in dyeing industries
The Accidental poisoning commonly takes place as a result of the negligence and carelessness. The common accidental poisoning cases are: In case of overdose of medicines and bite by poisonous snakes and insects etc.
Investigation into poisoning in a deceased individual is based on a variety of factors, including the case history, the circumstances of the death, and the postmortem examination of the corpse. An examination of the postmortem remains is done to determine the cause of death. Postmortem examination may show External and Internal findings. External postmortem findings are also highly helpful in examining poisoning cases, thus they should be given a lot of consideration. A thorough exterior and interior inspection of the body reveals which tissues are most important for a chemical analysis to establish the death's alleged cause.
Color changes its affected skin and mucous membrane. colours are black and brown
Color of Postmotem STAINING the skin may be may be Dark brown/yellow
Odour/ smell about the nose and mouth may be Garlic like, or Sweetish
Rotten eggs of fishy or musty
Injection Marks should be looked for with care.
Skin should be examined for lesions.
Any evidence of marks of violence, such as bruise or other injuries of nature.
Except in two circumstances, all cases where there is a reasonable question that a drug or poison is the likely cause of death must undergo an autopsy. The first circumstance is when a patient has overdosed and died in a hospital, and the toxicology lab at the hospital has determined the deadly dosage of the medication. In the second instance, the patient overdosed and passed away, leaving behind circumstantial evidence such as a suicide note, a history of suicidal tendencies, missing medication, etc., as well as no other obvious signs that could have indicated the cause of death. Different toxins or drugs cause death without leaving specific, readily identifiable external or internal manifestation. In such situations, the autopsy is unable to identify the true cause of death. With the current circumstances and facilities available, it is exceedingly difficult for an analyst to conduct toxicological research in such cases.
Crime Scene Investigation
The crime scene must first be safeguarded, photographed, and kept off-limits to authorised individuals. A police officer should also be stationed at the scene to ensure that it is not left unattended. Second, the crime scene must be accurately captured because it can be used as evidence in court. This gives information that the naked eye would not see or that one might initially see someone looking at. Thirdly, a reference sketch of the scene would be required. The representation of the events that had occurred is aided by sketches. In a crime scene search scenario, it should be made sure that the crime scene is extensively probed. Before beginning to dust the fingerprints, the specialist should study and describe all the obvious features. This starts the moment the body is found and is the most practicable. An optimal crime scene evaluation must use all of the aforementioned methods. It is important, especially in poisoning situations, to determine whether force was used; doing so aids in locating the offender.
In India, autopsy are required for all poisoning-related deaths. Chemical testing is performed on the blood and viscera at the Regional Forensic Science Laboratory. Toxicology analysis is carried out using thin lawyer chromatography and colour tests. On the basis of these findings a detailed investigation will be held.
Important Case Laws
In Poloniswamy v. State, this case established the fact that the perpetrator who administered the poison and caused the death of an individual should be punished even when the Poison in the body could not be identified after investigation. If the guilt of such administration of poison is discovered by oral or circumstantial evidence that is valid for conviction in the court of law.
In Anant Chintaman Lagu v. State of Bombay, it was held that to hold that a particular death was caused due to poisoning one needs to prove that (a) the death was due to a poison (or) poisons, (b) the accused had possession of the poison, (c) the accused had an opportunity to administer the poison to the deceased. Once the abovementioned facts are proved and also the fact that the accused had a motive for the same is made clear. The court can draw an inference which states that the poison was administered by the accused to cause the death of the victim. The court may provide the necessary judgment on the basis of the prosecution proving and establishing these facts.
In Mahabir v. State of Bombay, it was held that even if there are no characteristic signs which are noticeable on post-mortem examination when there exists no other conclusive reason for death and one of the symptoms of poisoning such as asphyxia is identified. The Poison as a cause of death should not be ruled out.
Laws in Related to Poisons
The Poisons Act, 1919
The Drugs and Cosmetic Act, 1940:
The Pharmacy Act, 1948
The Drug Control Act, 1950 :
The Drug and Magic Remedies Act, 1954
The Narcotic Drugs And Psychotropic Substance Act, 1985
Prevention of Food Adulteration Act, 1954
Food Safety and Standards Act, 2006
CONCLUSION
More than 50,000 people in India pass away from hazardous exposure each year. Such poisoning may have been caused on purpose, by the victim themselves, through homicide, accidentally, or on purpose. Forensic toxicology is crucial from an Indian perspective in order to identify the underlying cause of such events. Diagnosis of poisoning is extremely important in unconscious people for the management of poisoning. Diagnosis other than poisoning must also be considered because some clinical features may result due to diseases or by secondary effects such as anoxia. Diagnosis of poisoning is extremely difficult in death cases, where drugs are used to cure disease, however, results in casualty due to either over dose or side effects. The study of forensic toxicology has evolved into a complex subject in the twenty-first century. One cannot dispute its importance in resolving criminal cases. The outcomes that the courts reach in these circumstances, as well as the decisions made by society, are heavily reliant on forensic examination and its reports. There must be an efficient law enforcement system because crime is constantly evolving and new deviances are being observed. Among the tools used in this enforcement strategy is forensic toxicology. Therefore, it is crucial to employ this cutting-edge method when determining whether a poison is present in the body during autopsies and other procedures. To sum up, my project encompasses a number of forensic toxicology-related topics, and both purposeful and unintentional deaths led to my poisoning.