forensic - poisons

LAW RELATING TO POISONS AND ACTION OF POISONS

TABLE OF CONTENTS

INDEX OF AUTHORITIES........................................................................................................2

SYNOPSIS........................................................................................................................................4

INTRODUCTION..........................................................................................................................5

CLASSIFICATION OF POISONS..........................................................................................6

ACTIONS OF POISON...............................................................................................................7

LAW RELATING TO POISONS...........................................................................................26

CONCLUSION..............................................................................................................................35

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INDEX OF AUTHORITIES

STATUTES REFERRED

1) Drugs and Cosmetics Act, 1940

2) Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954

3) The Pharmacy Act, 1948

4) The Drugs (Control) Act, 1950

5) Narcotic Drugs and Psychotropic Substances Act, 1985

6) Indian Penal Code, 1860.

CASES REFERRED

1) Alakh Ram v. State of UP, AIR 2004 SC 2907...........................................................33

2) Alpesh Kumar v. State of Rajasthan, AIR 2004 SC 952..............................................33

3) Bhagwan Singh v. State of Punjab, (1999)9 SCC 573.................................................29

4) Dhania Daji, (1860) 5 BHC (Cr. C) 59........................................................................35

5) Indian Soap & Toiletries Makers v. Ozair Hussain, (2013) 3 SCC 641......................29

6) Nanjnudappa’s case, 1 Weir, 3rd ed., p. 197.................................................................35

7) State of Rajasthan v. Vatan Medical and General Store, AIR 2001 SC 1937.............29

8) Ram Singh v. Central Bureau of Narcotics, AIR 2011 SC 2490.................................33

9) Union of India v. Sanjeev V. Deshpande, (2014) 41 SCD 821....................................33

BOOKS REFERRED

1) Vij Krishna, “Textbook of Forensic Medicine & Toxicology”, 5th Ed., Reed Elsevier

India Private Limited, New Delhi, 2011.

2) Aggrawal Anil, “Textbook of Forensic Medicine and Toxicology”, 1st Ed., Avichal

Publishing company, New Delhi.

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3) Parikh C. C., “Textbook of Medical Jurisprudence, Forensic Medicine And

Toxicology”, 6th Ed., CBS Publishers, New Delhi, 2007.

4) Hodgson Ernest, “A Textbook of Modern Toxicology”, 4th Ed., Wiley Publishers.

5) Agrawal Anju, “Principles of Toxicology”, IBDC Publishers, Lucknow, 2010.

6) Pillay V. V., “Modern Medical Toxicology”, 4th Ed., Jaypee Brothers Medical

Publishers (P) Ltd., New Delhi, 2013.

WEBLINKS REFERRED

1) http://www.ipapharma.org/pdf/Pharmacy_act_1948.pdf

2) http://www.slideshare.net/hanifmulia/judgments-on-ndps-act

3) medind.nic.in/iad/t03/i5/iadt03i5p402.pdf

4) www.1902encyclopedia.com/P/POI/poisons.htm

5) http://www.emedicinehealth.com/poisoning/article_em.htm

6) http://www.similima.com/toxicology-%E2%80%93-a-comprehensive-study

7) http://www.indianembassy.org.cn/pdf/Note%20on%20salient%20provisions

%20under%20the%20drug%20and%20cosmetics%20act.pdf

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SYNOPSIS

Abstract

In the discussion to follow, we will discuss about poisons. Poisons are substances which

cause disturbances to organisms, usually by chemical reaction or other activity on the

molecular scale, when a sufficient quantity is absorbed by an organism. The term "poison" is

often used colloquially to describe any harmful substance, particularly corrosive substances,

carcinogens, mutagens, teratogens and harmful pollutants, and to exaggerate the dangers of

chemicals.

Research Questions

1. What are the actions of various poisons?

2. What are the various laws relating to poisons?

Research Methodology

A descriptive and doctrinal research methodology was used for this project. Concerned

statute and books of renowned authors were looked into for the compilation of the present

study. Several websites were looked into for understanding the concept of present study.

Moreover various articles and case laws were referred inorder to clear the law point at the

present time. Referring to all the primary and secondary material mentioned above, the

present study has been compiled and presented to the concerned.

Topic Scheme

Topic 1 – Definition of Poisons

Topic 2 – Actions of Poisons

Topic 3 – Law relating to poisons

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INTRODUCTION

Poisons are substances which cause disturbances to organisms, usually by chemical

reaction or other activity on the molecular scale, when a sufficient quantity is absorbed by an

organism. The term "poison" is often used colloquially to describe any harmful substance,

particularly corrosive substances, carcinogens, mutagens, teratogens and harmful pollutants,

and to exaggerate the dangers of chemicals.

Paracelsus (1493-1541), the father of toxicology, once wrote:

“Everything is poison, there is poison in everything. Only the dose makes a thing not a

poison”.

The law deals with the field of poison under the category of “Toxicology”. The

traditional definition of toxicology is "the science of poisons." As to understand that how

various agents can cause harm to humans and other organisms, a more descriptive definition

of toxicology can be "the study of the adverse effects of chemicals or physical agents on

living organisms". These adverse effects may occur in many forms, ranging from immediate

death to subtle changes not realized until months or years later. They may occur at various

levels within the body, such as an organ, a type of cell, or a specific biochemical. Knowledge

of how toxic agents damage the body has progressed along with medical knowledge. It is

now known that various observable changes in anatomy or body functions actually result

from previously unrecognized changes in specific bio-chemicals in the body.

The historical development of toxicology began with early cave dwellers who

recognized poisonous plants and animals and used their extracts for hunting or in warfare. By

1500 BC, written recordings indicated that hemlock, opium, arrow poisons, and certain

metals were used to poison enemies or for state executions. With time, poisons became

widely used and with great sophistication. Notable poisoning victims include Socrates,

Cleopatra, and Claudius. By the time of the Renaissance and Age of Enlightenment, certain

concepts fundamental to toxicology began to take shape. Noteworthy in this regard were the

studies of Paracelsus (1500AD) and Orfila (1800 AD).

Paracelsus determined that specific chemicals were actually responsible for the

toxicity of a plant or animal poison. He also documented that the body's response to those

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chemicals depended on the dose received. His studies revealed that small doses of a

substance might be harmless or beneficial whereas larger doses could be toxic. This is now

known as the dose-response relationship, a major concept of toxicology.

Orfila, a Spanish physician, is often referred to as the founder of toxicology. It was

Orfila who first prepared a systematic correlation between the chemical and biological

properties of poisons of the time. He demonstrated effects of poisons on specific organs by

analyzing autopsy materials for poisons and their associated tissue damage.

The 20th century is marked by an advanced level of understanding of toxicology.

DNA (the molecule of life) and various biochemicals that maintain body functions were

discovered. Level of knowledge of toxic effects on organs and cells is now being revealed at

the molecular level. It is recognized that virtually all toxic effects are caused by changes in

specific cellular molecules and biochemical.

Xenobiotic is the general term that is used for a foreign substance taken into the body.

It is derived from the Greek term xeno which means "foreigner." Xenobiotics may produce

beneficial effects (such as pharmaceuticals) or they may be toxic (such as lead). As

Paracelsus proposed centuries ago, dose differentiates whether a substance will be a remedy

or a poison. A xenobiotic in small amounts may be non-toxic and even beneficial but when

the dose is increased, toxic and lethal effects may result.

CLASSIFICATION OF POISONS

No classification of poisons is entirely satisfactory as many poisons fall into more than

one group. They can be classified on the basis of mode of actions, usage, nature, etc.

However, classification on the basis of Modes of Action can be used to achieve the objective

of the present study. In such category, poisons can be classified as follows:

1. Corrosive Poisons – these include Strong Acids and Strong Alkalies. Strong Acids

can be further divided into two categories i.e. Organic Acids such as Carbolic Acid,

Oxalic Acid etc and Inorganic Acids such as Sulphuric Acid, Nitric Acid etc. Strong

Alkalies include hydrates and carbonates of Sodium, Potassium etc.

2. Metallic and Non-Metallic Irritants – these include non-metallic irritants such as

phosphorus and metallic irritants such as arsenic, lead, mercury etc.

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3. Plant Irritants – these include poisons relating Castor Oil Plant, Jamal Gota,

Colocynth (Bitter Apple), Capsicum, etc.

4. Animal Irritants – these include poisons relating snake bites and venom such as bites

of sea snakes, cobra, Kraits, Vipers, Pit Vipers, Rattle snakes etc.

5. Somniferous Poisons – these include poisons relating to substances such as opium,

heroine etc.

6. Alcohol – such as ethyl alcohol and methyl alcohol.

7. Deliriant Poisons – such as Dhatura.

8. Cardiac Poisons – such as Nicotine.

9. Agro-chemical Poisons – such as pesticides, DDT, etc.

10. Asphyxiants – such as Carbon Monoxide, Carbon Dioxide etc.

11. Miscellaneous – such as food poisoning, poisons already in body etc.

ACTIONS OF POISON

Poisons may exert a twofold action. This may be either local, or remote, or both local

and remote. The local action of a poison is usually one of corrosion, inflammation, or a direct

effect upon the sensory or motor nerves. The remote actions of poisons are usually a specific

character, though some writers group the remote effects of poisons under two heads, and

speak of the common and the specific remote effects of a poison. The local action of a poison

of the corrosive class is usually so well marked and obvious that the fact of the administration

of a poison of this class is generally unmistakable. The same may be said, in a less degree, of

the irritant poisons, but here the symptoms sometimes so closely simulate those of natural

disease as to render the recognition of the administration of poison a matter of difficulty.

Hence an accurate acquaintance with the remote specific effects of the various poisons is

indispensable to the medical jurist. The class of poisons which has been administered or

taken will thus be suggested to his mind by the observation of the symptoms. Different

poisons have different actions of the human body. Poisons are not only those which cause

death but they also include those substances, drugs, chemicals which cause chemical or

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biological imbalance in the human body. Based on the above classification, few poisons and

their respective actions have been discussed below.

A. Corrosive Poisons

Corrosives are a group of chemicals that have the capacity to cause tissue injury on

contact by a chemical reaction. They most commonly affect the gastrointestinal tract (GIT),

respiratory system and eyes. Corrosives and caustics are synonyms, both mean ‘something

that eats away’. Acids and alkalis are the two primary types of agents most often responsible

for caustic exposures. Exposure to corrosive agents continues to be a leading toxicological

source of injury for children and adults. An average home contains a dozen different cleaning

products. These account for a large number of accidental and intentional poisonings.

Corrosives are present in various forms around laymen such as Hydrochloric acid for

cleaning brickwork or metals, Sulphuric Acid in car batteries, Potassium Hydroxide in

dishwashing powders, odium hydrochloride in bleaches and many more like that. Most

common actions of such corrosives on different body parts are as follows:

Gastrointestinal tract (GIT)

i. Severe pain of lips, mouth, throat, chest and abdomen

ii. Excessive salivation

iii. Dysphagia and odynophagia (Discomfort or painful swallowing)

iv. Epigastric pain and hematemesis (Vomiting of blood)

v. Symptoms and signs of Gastrointestinal perforation

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Respiratory system

i. Cough

ii. Dyspnea (Difficult breathing)

iii. Bronchoconstriction (Constriction of airways in the lungs)

iv. Pulmonary edema (Fluid accumulation in the air spaces of lungs)

v. Chemical pneumonitis (Inflammation of the lungs)

Eyes and skin

i. Pain at the site of exposure

ii. Burns at the site of exposure

iii. Erythema and vesicle formation (Redness of Skin)

B. Metallic and Non-Metallic Irritants

It is a fallacious to sharply discriminate between corrosives and irritants. An irritant

poison is only a milder form of corrosives. In other words, a corrosive when diluted or taken

in a less concentrated form, becomes an irritant. This group includes irritants such

phosphorous, arsenic, lead, mercury etc.

Phosphorus: There are two varieties: (1) White or crystalline, (2) Red or amorphous.

It is a protoplasmic poison, which affects cellular oxidation. White phosphorus is used in

flares and incendiary devices. Red phosphorus is in the material stuck on the side of

matchboxes, used to strike safety matches against to light them.

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Action of Poison

1. Fulminating poisoning: This is seen when more than 1 gm is taken. Death usually occurs

within 12 hours due to shock.

2. Acute poisoning

(A) First stage: Symptoms occur within a few minutes to a few hours & lasts 8 hours to 3

days. Ingestion produces burning pain in the throat and abdomen with intense thirst, nausea,

vomiting, diarrhoea & severe abdominal pain. Breath & excreta have garlic like odour.

Luminescent vomit and faeces are diagnostic. Skin contact produces painful penetrating

second & third degree burns.

(B) Second stage: This is a symptom-free period lasting for 2 to 3 days.

(C) Third stage: Symptoms of systemic toxicity. There is nausea, vomiting, diarrhoea, haema-

temesis. Liver tenderness and enlargement. Jaundice and pruritis. Hemorrhages occur into

skin, mucous membrane & viscera, due to injury of blood vessels and inhibition of blood

clotting. Renal damage results in oliguria, haematuria, casts, albuminuria. Convulsions,

delirium and coma occurs. Death may result from shock, hepatic failure, central nervous

system damage, hematemesis or, renal insufficiency.

Arsenic: Arsenic poisoning causes premalignant condition. Metallic arsenic is not poisonous,

as it is not absorbed from the alimentary canal. When volatilised by heat, arsenic unites and

forms poisonous vapour of arsenic trioxide. Arsenic compounds are used in wood

preservation and insecticides. Gallium arsenide (GaAs) is a semiconductor used in laser

diodes and LEDs. The main use of metallic arsenic is in alloying with lead. Lead components

in car batteries are strengthened by the presence of a very small percentage of arsenic.

Actions:

1. The Fulminant type—Large doses of arsenic can cause death in one to 3 hours from shock.

2. The Gastroenteric type —This is acute poisoning, resembling bacterial food poisoning or,

cholera. The stools are expelled frequently and involuntarily, are dark coloured, stinking and

bloody, but later becomes colourless, odourless and water resembling rice-water stools of

cholera. Dehydration with muscular cramps, skin eruptions, cyanosis, feeble pulses, syncope,

coma, exhaustion, convulsion, general paralysis and even death.

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3. Narcotic form—Tenderness of the muscle, delirium, coma and death.

Mercury: Most poisonous salt of Hg is mercuric chloride (corrosive sublimate), occurs as

colourless masses of prismatic crystals. Mercury is used in laboratories for making

thermometers, barometers, diffusion pumps, and many other instruments. It is used for

mercury switches and other electrical apparatus. It is used as an electrode in some types of

electrolysis and for making batteries (mercury cells).

Actions: Acrid metallic taste, hoarse voice, greyish white coating of tongue, blood-stained

stool, circulatory collapse, necrosis of jaw, membranous colitis, proximal renal tubular

necrosis.

Chronic Poisoning: The actions are salivation, a blue line on gum, sore mouth & throat, fine

tremors of the tongue, hands, arms, anaemia. Mercurial tremors are also called hatter’s shakes

or glass blower’s shake. Mercurial erethism is seen in persons working with mercury in

mirror manufacturing firms. Erethism is characterised by shyness, timidity, irritability, loss of

confidence, mental depression, loss of memory & insomnia. Mercurialentis is a peculiar eye

change due to brownish deposit of mercury through the cornea on the anterior lens capsule. It

is bilateral and has no effect on visual acuity.

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C. Plant Irritants

They act as irritants and their action is due to an active principle contained in them. Plants

cannot move to escape their predators, so they must have other means of protecting

themselves from herbivorous animals. Some plants have physical defenses such as thorns,

spines and prickles, but by far the most common type of protection is chemical. This category

includes various plants such as Castor Oil Plant, beetle nut palm, jumbie bread, Jamal Gota,

Colocynth (Bitter Apple), Capsicum, etc. Few of them and their actions have been mentioned

below.

Castor Oil Plant (Ricinus Communis)

The castor oil plant is originally native to Africa, but is cultivated all over the world

as a commercial or ornamental plant. The seeds, used for making oil, contain ricin, a potent

poison that damages animal tissue. A fatal dose for an adult is four to eight seeds. Symptoms

of ricin poisoning can appear up to 36 hours after ingestion, but usually within two to four

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hours. It is characterized by a burning sensation in the mouth, nausea, vomiting, diarrhea and

lethargy. Within several days, dehydration, reduced blood pressure and reduced urination

appear. Without medical attention, death occurs within three to five days.

Bitter Apple (Colocynth)

It is obtained from the dried pulp of the fruit of Citrullus Colocynthis or bitter apple.

The plant grows widely throughout India. The pulp freed from the seeds is called colocynth

and occurs as white spongy, light fragments having an intensively bitter taste. The active

principle is resinous glycoside, colosynthin, which is a proved irritant of the gastrointestinal

tract. It is characterized by nausea, yellow vomiting, yellow colored watery stool and

abdominal pains. Stool maybe blood stained. Occasionally, death may occur.

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Jamal Gota (Croton tiglium)

Its seeds contain toxalbumin (any of various toxic proteins obtained from certain

plants) CROTIN and CROTONOSIDE, a glycoside, which is not expressed with the oil.

Seeds are oval, dark-brown with longitudinal lines. It’s actions are hot burning pain from

mouth to stomach, salivation, vomiting, purging, vertigo, prostration, collapse and even

death.

ERGOT

Ergot is the dried sclerotinum of the fungus Calviceps purpurea, which grows on

cereals like rye, barley, wheat, oats etc. It contains alkaloids, ergotoxin, erqotamine and

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ERGO


ergometrine. Its actions in acute cases are nausea, vomiting, diarrhoea, giddiness, tightness in

the chest, difficulty, in breathing, marked muscular weakness and exhaustion. There may be

tingling and numbness in the hands and feet, followed by twitchings or cramps in the

muscles. Bleeding from nose and other mucous surface is common.

D. Animal Irritants

Irritants of animal origin mainly comprise envenomation by way of stings and bites of

various reptiles, anthropods and arachnids. Because the incidence of serious bites and stings

is relatively low, there remains a paucity of relevant clinical research and literature. Animal

Irritants mostly include poisons relating to snake venom. The Poisonous snakes may be

divided into five families—

1. Cortalidae — Pit viper, Rattle snake, Bush master.

2. Viperidae (true viper) — Russel’s viper, Saw-scaled viper.

3. Elapldae — Cobra and Krait

4. Hydrophidae — Sea snakes

5. Colubridae — Boom slangs, Bird snakes.

In India, out of 200 species of poisonous snakes, five are dangerously poisonous to

man which are King cobra, cobra, common krait, Russell’s viper and saw-scaled viper. The

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most common poisonous snake is Common krait. However, rat-snake is a non-poisonous

snake. Actions after bite of few of the above mentioned snakes are discussed below.

Cobra

Local symptoms start within 6 to 8 minutes. The bitten area is tender with slight

burning pain. The patient feels sleepy, slightly intoxicated, weakness of legs and is unable to

stand or move. There may be extra-ocular muscle weakness, ptosis (dropping of upper eyelid)

and strabismus (abnormal alignment of eyes). Coma sets in and finally the respiration stops

with or without convulsions and the heart stops.

True Viper (Russell’s Viper)

When venom is injected, the spot develops severe pain, the swelling starts within 15

minutes. Tingling and numbness over the tongue and mouth or scalp and paraesthesia

(sensation of tickling and burning) around the wound occur. The main feature is persisting

shock. A hemorrhagic syndrome with blood stained sputum, hemorrhages from gums,

rectum, the site of bite etc. occur due to increased coagulation time. Intravascular hemolysis

may lead to hemoglobinuria and renal failure.

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Sea-snakes: After half to one hour of the venom injection, the patient develops pain,

stiffness, and weakness of the skeletal muscles.

E. Somniferous Poisons

This group of poisons is known as somniferous or narcotic poisons because there

preparations are used therapeutically to lessen pain and induce sleep. Though there are

numerous examples of drugs that produce such effect, this group include only those that are

derived from opium and are known as Opiates.

Opium

Opium (afim) is also known as Kasoomba or, Madak or, Chandu. Opium is the dried

juice of the poppy (papaver somniferum). Opium contains two chemically different groups of

alkaloids—

(a) The phenanthrenes—morphine 10%, codeine 0.5% and thebaine 0.3%, which are narcotic.

(b) The isoquinolines—papaverine 10% and narcotine 6%, no narcotic property.

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The artificial derivatives are heroin, dihydromorphine. Opiates exert their effects

because of their chemical similarity to natural substances called endorphins. Opioid drugs are

capable of producing physical addiction, and also psychological and euphoria conditions.

The contact of morphine with the skin of sensitive persons may cause erythema

(Reddishness of Skin), urticaria (Rashness of skin) and itching dermatitis. It first stimulates,

then depresses and finally paralyses the nerve centres. Usually, it covers three types of stages

as relating to its actions:-

I. Stage of excitement —There is a sense of well being, increased mental activity,

freedom from anxiety, talkativeness, restlessness, hallucinations, flushing of face,

maniacal condition.

II. Stage of stupor —The symptoms are headache, incapacity for exertion, a sense of

weight in the limbs, giddiness, drowsiness and stupor.

III. Stage of coma —The patient passes into deep coma from which he cannot be aroused.

The pupils are contracted to pinpoint size and do not react to light, but in late stage

they may be found to be dilated.

Differential diagnosis of Opiate poisoning:

1) Opium poisoning—The odour of breath, bradycardia, pinpoint immobile pupils, stertorous

respiration, slow pulse, moist perspiring skin are prominent features.

2) Acute alcoholic poisoning—Pupils are dilated and reacting.

3) Barbiturate poisoning—Shallow respiration, deep coma, no response to painful stimuli,

deep reflexes are depressed, low blood pressure, dilated pupils.

4) CO poisoning—Intermittent convulsions, cherry red colour of skin and carboxy-

hemoglobin in blood.

5) Diabetic coma—Deep respirations with air, hunger, odour of acetone in heart, sugar and

acetone in the urine.

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F. Alcohol

Alcohol poisoning deaths are caused by drinking a large amount of alcohol in a short

period of time. Alcohol can be divided in two types:

1. Ethyl alcohol: Absolute alcohol contains 99.95% alcohol, rectified spirit contains 90%

alcohol. The approximate percentage of alcohol in beverages like Rum and liquors is 50

to 60%; Whisky, gin, brandy is 40 to 45%; Port, Sherry is 20%; Wine 10 to 15% and

Beers 4 to 8%. Further, Arrack is liquor distilled from palm, rice, sugar or jaggery etc.

and has strength of 40 to 50%.

Actions of excessive consumptions of alcohol are:

I. Stage of excitement —There is increased confidence and a lack of self control.

When jerking movement is in the direction of the gaze and independent of the

position of the head, it is known as alcohol gaze nystagmus and appears at blood

levels of 40 to 100 mg/100 ml. Mental concentration is poor and judgement

impaired. These effects are usual between 50 to 150 mg/100 ml of blood alcohol.

II. Stage of incoordination —When alcohol content of the blood attains a level of

150-250 mg/100 ml.

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SOURCE: CDC VITAL SIGNS. JANUARY, 2015. www.cdc.gov/vitalsigns.NATIONAL CENTER FOR HEALTH STATISTICS MORTALITY MULTIPLE CAUSE FILES, 2012-2012.


III. Stage of coma —The person passes into a state of coma with stertorous breathing.

The pupils are contracted, but stimulation of the person e.g., by pinching or

slapping, causes them to dilate with slow return.

2. Methylalcohol: Mineralised methylated spirit consists of 90% of ethyl alcohol, 9.5% of

wood naphtha and 0.5% of crude pyridine. Unlike ethylalcohol, methyalcohol is highly

toxic and unfit for consumption. At room temperature, it is a polar liquid, and is used as

an antifreeze, solvent, fuel, and as a denaturant for ethanol. It is also used for producing

biodiesel via transesterification reaction. The actions are such that there may be delirium

and coma. Urine is strongly acid and may contain acetone and a trace of albumin.

Acidosis (too much acid in the body fluids) is caused. The pupils are dilated and fixed.

Visual disturbances like photophobia and blurred vision, concentric diminution of visual

fields for colour and form, followed by sudden loss of vision or complete blindness occur

due to optic neuritis and atrophy.

G. Deliriant Poisons

As the name suggests, poisons in this group are characterized by a well marked

deliriant stage. The important poisons in this group are Dhatura, Cannabis, Cocaine, etc.

Datura Fastuosa: There are two varieties:

(i) Datura alba—white flowered plant. (Safed Datura)

(ii) Datura niger—a deep purple flowered plant. (Kala Datura)

The fruits are spherical and have sharp spines. Datura stramonium is known as thorn apple.

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Their actions, when consumed, are bitter taste, dryness of mouth and throat,

dysphagia (difficulty in swallowing), voice hoarse & Fever. The face becomes flushed,

conjunctivae congested, widely non-reacting dilated pupils, temporary blindness,

photophobia, diplopia (double vision), restlessness and agitation. Delirium is restless and

purposeless in earlier stage indicated by excitement, talkativeness and unintelligent speech.

Hallucinations of sight and hearing and delusions occur commonly.

Cannabis Sativa or Indica: It is also known as Indian hemp, hashish or marijuana. The

principal constituent of resin of marijuana is tetrahydro cannabinol. It is a Central Nervous

System stimulant.

It is used in the following forms:

1. Bhang—It is prepared from the dried leaves and fruit shoots.

2. Majoon—It is a sweet prepared with bhang. It increases appetite.

3. Ganja—It is prepared from the flower tops of female plant.

4. Charas or hash—It is the resin exuding from the leaves and stems of the plant.

Actions of large doses are-

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1. Inebriation—The person becomes dreamy or semi-conscious. It causes psychological

highness, raises heart rate, delays psychomotor skills.

2. Narcosis—There is giddiness and ataxia, tingling and numbness of the skin, general

anaesthesia.

If further used in excess, it causes degeneration of Central Nervous System. There is

loss of appetite, weakness, wasting, tremors, vacant look, red eyes, impotence, mental

deterioration. Rare but they may become insane, and may suffer from hallucinations and

delusions of persecution. There may be an impulse to kill. The person may run amok i.e. he

develops a psychiatric disturbance marked by a period of depression followed by violent

attempt to kill people. He first kills a person against whom he may have real or imaginary

enemity and then kills anyone that comes in his way until homicidal tendency lasts. Then he

may commit suicide or surrender himself.

H. Cardiac Poisons

These are poisons having main action on the heart either directly or through the

nerves. Nicotine, aconite, oleander and digitalis are important poisons of this group.

Nicotine

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EFFECTS OF NICOTINE


Nicotine poisoning describes the symptoms of the toxic effects of consuming nicotine,

which can potentially be deadly, though serious or fatal overdoses are rare. Administering

nicotine tends to produce symptoms that follow a biphasic pattern. The initial actions are

mainly due to stimulatory effects and include nausea and vomiting, excessive salivation,

abdominal pain, sweating, hypertension, tremor, headache, dizziness, muscle fasciculations,

and seizures. After the initial stimulatory phase, a later period of depressor effects can occur

and may include symptoms of hypotension and central nervous system depression, coma,

muscular weakness and/or paralysis, with difficulty breathing or respiratory failure.

Digitalis

Entire plant is toxic, containing over 30 cardiac and steroidal toxins. The roots, leaves

and seeds of digitalis contain digitoxin, digitonin and digitalin. By inhibiting Digitalis,

Nausea, vomiting, abdominal pain, nervous irritability, tingling and coldness in extremities,

increased heart rate, varying degrees of AV block, ectopic beats, coupled rhythm, Atrial

Fibrillation and Ventricular Fibrillation occurs. Patient becomes drowsy, coma sets in and

death occurs.

I. Asphyxiants

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The general expression for irrespirable or toxic gases is asphyxiants. It includes gases

like Carbon monoxide, Carbon Dioxide, Hydrocyanic Acid etc.

Carbon Monoxide: It is a colourless, tasteless, non-irritant gas which is produced due to

incomplete combustion of carbon. It is insoluble in water. It burns with a blue flame.

Upper limit of safety of carbon monoxide in air is 0.01%. Actions of CO poisoning:

Carboxyhaemoglobin

(COHb)%Symptoms

0 to 10%

10 to 20%

20 to 30%

30 to 40%

40 to 50%

50 to 60%

60 to 70%

70 to 80%

Above 80%

= No appreciable symptoms

= Breathlessness on moderate exertion, mild headache

= Throbbing headache, irritability, emotional instability,

disturbed judgment, defective memory and rapid fatigue

= Severe headache, nausea, vomiting, dizziness, dimness of

vision, confusion.

= Increased confusion, sometimes hallucinations, severe ataxia,

rapid respirations and collapse with attempts at exertion

= Syncope or coma with intermittent convulsions, rapid

respirations, tachycardia with a weak pulse and pink or red

discoloration of the skin.

= Increasing depth of coma with incontinence of urine and

faeces.

= Profound coma with depressed or absent reflexes, a weak

thready pulse, shallow and irregular perspiration.

= Rapid death from respiratory arrest

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Carbonic acid gas: Carbonic acid forms when water absorbs the carbon dioxide in the air

when it falls as rain. The dissolved carbon dioxide is the carbonic acid. The gas formed later

is heavier than atmospheric air and is totally irrespirable when pure, and is fatal when present

in large quantities in respired air. It is given off from burning fuel, accumulates in pits and

wells as choke-damp, and constitutes the deadly after damp of coal-mines. It is also formed,

during alcoholic fermentation, and hence accumulates in partially filled vats in which

fermented liquors are stored. When it is breathed in a concentrated, state, death is almost

instantaneous. Persons descending into wells foul with this gas sink down powerless, and are

usually dead before they can be removed from the vitiated atmosphere. In these cases there is

true asphyxia but carbonic acid is also a narcotic gas. Persons exposed to an atmospheric

partially composed of this gas, but not long enough to produce fatal results, are affected with

stertorous breathings, oppressions, flushed face, prominent eyes, swollen tongue, and feeble

pulse. The proper treatment is removal from the foul atmosphere, atmosphere, alternate cold

and tepid douches to the chest, friction of the limbs and trunk, and artificial respiration. When

animation is restored the patient should be put to bed and kept quiet, but should be carefully

watched in case of relapse.

J. Miscellaneous

There are various other types of poisons also affecting human body such as food poisoning or

Poisons already in the body etc.

Fate of Poisons in the body: Some inorganic poisons like arsenic and antimony are retained

in nails, hair, bones etc. for a considerable time. Certain poisons like chloroform, phosphorus,

nitrates, aconite and acetic acid are destroyed in the body and no trace of them can be

detected in the viscera or tissues if post-mortem is delayed.

These were the various types of poisons and actions of such poisons when administered in

more than required quantity or otherwise.

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LAW RELATING TO POISONS

Several legal provisions have been enacted for the regulation and control of manufacture, sale

and possession of drugs and poisons. Some important ones are discussed as follows.

1. DRUGS AND COSMETICS ACT, 1940

The Drugs Bill having been passed by the Central Legislative Assembly received the assent

of the Governor General on 10th April, 1940 and it came on the Statute Book as the Drugs

Act, 1940. However, after amendment in 1962, the words "and Cosmetics’ were added and

therefore, now it stands as The Drugs and Cosmetics Act, 1940’. The manufacture and sale of

drugs is a licensed activity under the Drugs and Cosmetics Act, 1940 and the Drugs and

Cosmetics Rules, 1945. The licensees are required to comply with the provisions of the Act,

Rules and the condition of the licence granted to them by the licensing authorities for

manufacture and sale of drugs.

The Drugs and Cosmetics Act, 1940 have elaborate provisions to check the production of

spurious and substandard drugs in the country. The Act provides elaborate definitions of the

terms spurious, adulterated and misbranded drugs for the purpose of taking penal actions

against the offenders. Some definitions of common usage as appearing under this Act are as

under:

1) Drug includes:

a) all medicines for internal or external use of human beings or animals and all

substances intended to be used for or in the diagnosis, treatment, mitigation or

prevention of any disease or disorder in human beings or animals, including

preparations applied on human body for the purpose of repelling insects like

mosquitoes;

b) such substances (other than food) intended to affect the structure or any function of

the human body or intended to be used for the destruction of vermin or insects which

cause disease in human beings or animals, as may be specified from time to time by

the Central Government by notification in the Official Gazette

c) all substances intended for use as components of a drug including empty gelatin

capsules and

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d) such devices intended for internal or external use in the diagnosis, treatment,

mitigation or prevention of disease or disorder in human beings or animals, as may be

specified from time to time by the Central Government by notification in the Official

Gazette.

2) Cosmetic means any article intended to be rubbed, poured, sprinkled or sprayed on, or

introduced into, or otherwise applied to the human body or any part thereof for cleansing,

beautifying, promoting attractiveness, or altering the appearance, and includes any article

intended for use as a component of cosmetic.

3) Manufacture in relation to any drug (or cosmetic) includes any process or part of a

process for making, altering, ornamenting, finishing, packing, labelling, breaking up or

otherwise treating or adopting any drug (or cosmetic) with a view to its sale or

distribution but does not include, the compounding or dispensing of any drug, or the

packing of any drug or cosmetic in the ordinary course of retail business and ‘to

manufacture’ shall be construed accordingly.

4) Misbranded drugs: A drug shall be deemed to be misbranded:

a) if it is so coloured, coated, powTdered or polished that damage is concealed or if it is

made to appear of better or greater therapeutic value than it really is; or

b) if it is not labelled in the prescribed manner; or

c) if its label or container or anything accompanying the drug bears any statement,

design or device that makes any false claim for the drug or which is false or mislead-

ing in any particular.

5) Adulterated drugs: A drug shall be deemed to be adulterated:

a) if it consists, in whole or in part, of any filthy, putrid or decomposed substance; or

b) if it has been prepared, packed or stored under insanitary conditions whereby it may

have been contaminated with filth or whereby it may have been rendered injurious to

health; or

c) if its container is composed in whole or in part of anv poisonous or deleterious

substance that may render the contents injurious to health; or

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d) if it bears or contains, for purposes of colouring onlv, a colour other than the

prescribed; or

e) if it contains any harmful or toxic substance that mav render it injurious to health; or

f) if any substance has been mixed therewith so as to reduce its quality or strength.

6) Spurious drugs: A drug shall be deemed to be spurious:

a) if it is imported under a name that belongs to another drug; or

b) if it is an imitation of, or is a substitute for, another drug or resembles another drug in

a manner likely to deceive or bears upon it or upon its label or container the name of

another drug unless it is plainly and conspicuously marked so as to reveal its true

character and its lack of identity with such other drug; or

c) if the label or container bears the name of an individual or company purporting to be

the manufacturer of the drug, which individual or company is fictitious or does not

exist; or

d) if it has been substituted wholly or in part by another drug or substance; or

e) if it purports to be the product of a manufacturer of whom it is not truly a product.

The Drugs and Cosmetics Act, 1940, has been recently amended under the Drugs and

Cosmetics (Amendment) Act, 2008 providing very strict penalties for manufacture of

spurious and adulterated drugs.

It is provided that any drug deemed to be adulterated or spurious when used by any person

for or in the diagnosis, treatment, mitigation, or prevention of any disease or disorder is likely

to cause his death or is likely to cause such harm on his body as would amount to grievous

shall be punishable with imprisonment for a term which shall not be less than ten years but

which may extend to imprisonment for life and shall also be liable to fine which shall not be

less than ten lakh rupees or three times value of the drugs confiscated, whichever is more.

The fines realized in such cases will be paid to the relative of the deceased or the aggrieved

person.

Any drug deemed to be spurious but not being a drug referred to above shall be punishable

with imprisonment of a term which shall not be less than 7 years but which may extend to

imprisonment for life and with fine which shall not be less than 3 lakh rupees or three times

the value of the drugs confiscated, whichever is more.

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There are various cases decided under the above mentioned act which have discussed the

provisions of such act again and again as in the matter of Bhagwan Singh v. State of

Punjab, 1 the apex court observed that Section 3(b) of the Drugs and Cosmetics Act, 1940

defines a "Drugs". It gives an extensive definition of "drugs" as including, inter alia, all

medicines for internal or external use of human beings or animals and all substances intended

to be used for or in the diagnosis, treatment, mitigation or prevention of any disease or

disorder in human beings or animals. It also includes preparations applied on the human body

for the purpose of repelling insects and such substances (other than food) intended to affect

the structure or any function of the human body or intended to be used for the destruction of

vermin or insects which cause disease in human beings or animals.

Further, in the matter of State of Rajasthan v. Vatan Medical and General Store, 2 the

Supreme Court upheld the verdict of Rajasthan High Court that the Drugs and Cosmetics Act,

1940, has been enacted to regulate the import, manufacture, distribution by sale of drugs and

cosmetics. By an amendment introduced by Act No.13 of 1964, this Act was made applicable

to Ayurvedic or Unani systems of medicines also. Exhaustive provisions contained in the

newly added Chapter IV-A and the several sections therein covered the entire field relating to

Ayurvedic, Siddha and Unani drugs.

In Indian Soap & Toiletries Makers v. Ozair Hussain,3 Supreme Court observed that

Under Section 5 of the Drugs and Cosmetics Act, 1940 a “Drugs Technical Advisory Board”

is to be constituted to advise the Central Government and the State Governments on technical

matters arising out of the administration of the Act and to carry out other functions assigned

to it by the Act.

2. DRUGS AND MAGIC REMEDIES (OBJECTIONABLE ADVERTISEMENT)

ACT, 1954

The objective of this Act is to ensure that ethical standards are maintained when drugs are

advertised by the manufacturers. Advertisements offending decency or morality can be

banned under this Act. Also, those claiming magical powers for certain drugs, e.g.

enhancement of potency, miraculous cure for some incurable diseases, etc., can be taken to

1 (1999)9 SCC 573.2 AIR 2001 SC 19373 (2013) 3 SCC 641

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task. Magical remedies include the use of talismans or charms such as “mantras”, “kavachas”

etc.

3. THE PHARMACY ACT, 1948

In India there was no restriction to practice the profession of pharmacy. One could practice

this profession as any other profession. Persons, having no knowledge and having no

education in pharmacy or pharmaceutical chemistry or pharmacology, were engaged in this

profession. Hundreds of cases were brought to the notice of the Government wherein the

compounding, mixing, or dispensing of medicines was being done by persons who were not

adequately educated in this line. The system was causing great harm to the health of people

by wrong compounding, mixing or dispensing. It was found necessary to enact a law for the

regulation of the profession and practice of pharmacy. To achieve this goal the Pharmacy

Bill, 1947 was introduced in the Legislature which was later referred to the Select

Committee. The recommendations of the Selection Committee were incorporated in the Bill.

The statement of objects and reasons of the Pharmacy act, 1948 stated that it is desirable that,

as in most other countries, only persons who have attained a minimum standard of

professional education should be permitted to practice the Profession of Pharmacy. It is

accordingly proposed to establish a Central Council of Pharmacy, which will prescribe the

minimum standards of education and approve courses of study and examinations for

Pharmacists, and Provincial Pharmacy Councils, which will be responsible for the

maintenance of provincial registers of qualified pharmacists. It was further proposed to

empower Provincial Governments to prohibit the dispensing of medicine on the prescription

of a medical practitioner otherwise than by, or under the direct and personal supervision of a

registered pharmacist.

Accordingly, any person who is above 18 and holds a competent degree of Pharmacists had

to register under the list state or centre pharmacists to practice their profession of pharmacy.

Further it was also incorporated that a person who falsely pretends that his name is entered in

the register shall be punishable on first conviction with fine upto five hundred rupees or on

any subsequent conviction with imprisonment upto six months or with fine upto one thousand

rupees or with both.

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4. THE DRUGS (CONTROL) ACT, 1950

The Drugs Control Act, 1950 is an Act of the Parliament of India which regulates the pricing

of drugs. It allows the government to fix the maximum price of any drug. The Act allows the

Government of India to control the sales, supply and distribution of any drug in India. The

government can set maximum selling price, maximum quantity to be possessed by dealer and

maximum quantity to be sold to one person. The government can impose various restriction

of sale.

The Act require any retailer to give a cash memorandum to the customer for any purchase

above 5, and in case the purchase is below 5 the retailer must give a memo if the customer₹ ₹

demands.

The violation of the Act carries a maximum imprisonment of 3 years with or without fine. In

case of corporate violators, every director, manager, secretary, agent or other officer or

person concerned with the management may be prosecuted unless the offence occurred

without his/her knowledge. The investigating officer must have the rank of Inspector in the

police.

5. NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985

In India, the statutory control over narcotic drugs is exercised through a number of Central

and State enactments. Central Acts, namely, the Opium Act (1857), the Opium Act (1878)

and the Dangerous Drugs Act (1930) were enacted long time ago. With the passage of time

and the developments in the field of illicit drug traffic and drug abuse at national and inter-

national level, many deficiencies were noticed in those existing laws and an urgent need was

felt for the enactment of a comprehensive legislation on narcotic drugs and psychotropic sub-

stances and make provisions for the implementation of international conventions relating to

narcotic drugs and psychotropic substances to which India has become a signatory. This Act

of 1985, therefore, repealed all the previously mentioned Acts. However, in recent years,

India had been facing a problem of transit traffic in illicit drugs. The spillover from such

traffic has caused problems of abuse and addiction. Hence, the Act of 1985 was again

amended in 1989 and 2001. The Amendment Act is applicable to the whole of India and also

applies to all citizens of India who are outside the territory of India and to all persons on ships

and aircrafts registered in India, wherever they may be. (This has been effected in pursuance

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of the UN convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances,

1988.)

Narcotic drug means coca leaf, cannabis (hemp), opium poppy straw and includes all

manufactured drugs.

Opium derivative means:

Medicinal opium, i.e. opium that has undergone the processes necessary to adapt it for

mcdicinal use.

Prepared opium, i.e. any product of opium obtained by any series of operations designed

to transform opium into an extract suitable for smoking and the dross or other residue

remaining after opium is smoked.

Phenanthrene alkaloids, namely, morphine, codeine, thebaine and their salts.

Diacetyimorphine i.e. the alkaloid also known as diamorphine or heroin and its salts.

All preparations containing more than 0.2% of morphine or containing any

diacetyimorphine.

Poppy straw means all parts (except the seeds) of the opium poppy after harvesting whether

in their original form or cut, crushed or powdered and whether or not juice has been extracted

therefrom.

Psychotropic substance means any substance, natural or synthetic, or any natural material or

any salt or preparation of such substance or material included in the list of psychotropic

substances specified in The Schedule. (This Schedule has been given at the end of the Act,

mentioning proprietary, nonproprietary names and chemical composition of such substances.)

Offences and Penalties : Whoever in contravention of any provisions of this Act or any rule

or order made or condition of a license granted, thereunder produces, possesses, transports,

imports inter-State, exports inter-State, sells, purchases, uses or omits to warehouse poppy

straw or removes or does any act in respect of warehoused poppy straw shall be punishable

as given below:

i) Where the contravention involves small quantity – Rigorous imprisonment for a

term that may extend to 6 months, or with fine that may extend to Rs. 10,000 or

with both.

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ii) Where the contravention involves quantity lesser than commercial quantity but

greater than small quantity - Rigorous imprisonment for a term that may extend to

10 years, and with fine that may extend to Rs. 1 lakh.

iii) Where the contravention involves commercial quantity - Rigorous imprisonment

for a term that shall not be less than 10 years but that may extend to 20 years, and

shall also be liable to fine that shall not be less than Rs. 1 lakh but that may extend

to Rs. 2 lakh.

Similar provisions have been enshrined in the Act in relation to opium derivatives, cannabis

plant and cannabis, etc. Small quantity in relation to narcotic drugs and psychotropic

substances has been defined as any quantity lesser than the quantity specified by the Central

Government by notification in the Official Gazette. Specific quantities amounting to small

and commercial have been given in the Act itself. NDPS Act also provides for enhanced

punishment for repeat offences, especially after previous conviction. Death penalty for

certain offences after previous conviction has also been mentioned under Section 31A of the

Act.

In Union of India v. Sanjeev V. Deshpande,4 Supreme Court held that the Drugs &

Cosmetics Act, 1940 deals with various operations of manufacture, sale, purchase etc. of

drugs generally whereas Narcotic Drugs and Psychotropic Substances Act, 1985 deals with a

more specific class of drugs and, therefore, a special law on the subject. Further the

provisions of the Act operate in addition to the provisions of 1940 Act.

In Alpesh Kumar v. State of Rajasthan,5 accused was found in illegal possession of two

cigarettes which contained heroine and it was inferred that same was in possession of accused

for his personal consumption. Accordingly, he was convicted under S. 27 NDPS Act.

In Ram Singh v. Central Bureau of Narcotics, 6 the apex court observed that to hold a

person guilty, possession has to be conscious. Control over goods is one of the tests to

ascertain the conscious possession so as to title.

In Alakh Ram v. State of UP,7 Supreme Court held that in cultivation of opium poppy, it

must be proved that accused cultivated prohibited plant and it is not enough that few plants

were found in the possession of the accused.4 (2014) 41 SCD 8215 AIR 2004 SC 9526 AIR 2011 SC 24907 AIR 2004 SC 2907

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6. INDIAN PENAL CODE, 1860

Various provisions have been enacted in the Indian Penal Code, 1860 which expressly or

impliedly deals with toxic substances such as poisons. Few of such provisions are as follows:

a) Section 176 of IPC: Provides punishment for omission to give notice or information

(including that of a poisoning case) to the public servant/police.

b) Section 177 of IPC: Provides punishment for furnishing false information (including that

of a poisoning case).

c) Section 201 of IPC: Provides punishment for causing disappearance of evidence of

offence (e.g., destroying sample of gastric lavage, clothing carrying evidence of poison

etc.)

d) Section 202 of IPC: Provides punishment for intentional concealment of information of

offense (including that of a poisoning case).

e) Section 273 of IPC: Sale of noxious food or drink.

f) Section 274 of IPC: Adulteration of drugs.

g) Section 275 of IPC: Sale of adulterated drugs.

h) Section 276 of IPC: Sale of drug as a different drug or preparation.

i) Section 277 of IPC: Fouling water of public spring or reservoir.

j) Section 278 of IPC: Making atmosphere noxious to health.

k) Section 284 of IPC: Prescribes for rash or negligent act (or omission) in relation with

poisonous substance so as to endanger human life or to be likely to cause hurt or injury to

any person.

l) Section 299 of IPC: Culpable homicide including that caused through administration of

some poisonous substance.

m) Section 300 of IPC: Murder including that caused through administration of poisonous

substance with the intention of causing death.

n) Section 304-A of IPC: Causing death by rash or negligent act (or omission) including

that caused through poisoning.

o) Section 324 of IPC: Makes simple hurt more grave and liable to a more severe

punishment where it has been inflicted by one of the means described in the Section such

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as ‘fire’ or ‘any heated substance’, poison or any substance that is deleterious to the

human body to inhale, swallow, or to receive into the blood.

p) Section 326 of IPC: It is similar to Section 324 with the only difference that the words

‘grievous hurt’ have been substituted for the word ‘hurt’ providing enhanced punishment.

q) Section 328 of IPC: Provides punishment for causing hurt by means of poison or any

stupefying, intoxicating or unwholesome drug or other thing with the intent to commit an

offence (i.e. anything when used in unwholesome state/composition can act as a poison).

In Nanjnudappa’s case,8 it was observed that where a woman was robbed of her

jewellery while she was unconscious due to administering Datura powder, it was held that

offence under section 384 IPC was completed.

Again in Dhania Daji,9 where the culprit mixed milk-bush juice in Toddy knowing that if

drunk by a person it would cause injury, for detecting an unknown thief who was in the

habit of stealing his Toddy, but the Toddy was drunk by some soldiers who purchased it

from an unknown vendor, it was held that he was guilty u/s 384 IPC.

CONCLUSION

These were the various types of poisons picked up from a vast list of toxic substances which

can be incorporated under the term ‘Poisons’. Accordingly researcher has tried to achieve the

objective of the present study by referring to various sources and compiling present study

concerning the Actions of Poisons and Law relating to Poisons. However, besides these, it is

a fact that out of the above 70% of such substances mentioned above are used by humans in

daily routine and rest somehow or other are used for various purposes of which the most

common use is as of a medicine. Thus, if the specified substance is used in appropriate

quantity then it can be even beneficial but if used in more than permissible limit or without

knowing pros and cons of such substance may result in disastrous effects on human body as

seen above. There are various factors that the actions of poisons such as quantity

administered (larger dose will produce more rapid and intense poisoning), Physical Form

(Gaseous or volatile poisons are quickly absorbed and have rapid effect), Chemical Form

(pure metallic arsenic and mercury are not poisonous because these are insoluble and are not

8 1 Weir, 3rd ed., p. 1979 (1860) 5 BHC (Cr. C) 59.

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absorbed), Route of Administration (Sublingual, inhalation and intravenous routes allow

rapid absorption of poison), conditions of body (Age, sex, weight, habit, tolerance, will,

earlier disease, etc) and so on. Thus, these factors play a vital role in defining the actions of

administered substance.

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forensic - poisons

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