BNSS Section 326 — Deposition of medical witness

CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS

Criminal

Summary

A statement given under oath by a government doctor or other medical witness can be used as evidence in a court case, even if that doctor does not appear in person to testify. This is allowed only if the statement was recorded by a Magistrate in the presence of the accused person, or if it was taken through a formal commission process. However, the court has the option to call that doctor to appear and give live testimony about the same subject, and it must do so if either the prosecution or the accused requests it.

Official Text

(1) The deposition of a civil surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused, or taken on commission under this Chapter, may be given in evidence in any inquiry, trial or other proceeding under this Sanhita, although the deponent is not called as a witness.

(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such deponent as to the subject-matter of his deposition.

Referred to by

Related Judgments

  • IMRAN PRATAPGADHI vs STATE OF GUJARAT AND ANR — Supreme Court of India (2025)
  • PARDHUM MOURYA (IN JC/ THROUGH HIS PAIROKAR) vs STATE OF NCT OF DELHI — Delhi High Court (2026)
  • Mr.; Shyam; Sunder; Sharma and Mr. Vineet; Jain, Adv.; Both the petiti vs THE STATE NCT OF DELHI, AND ANR — Delhi High Court (2025)

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