CrPC Section 291 — Deposition of medical witness

Summary

Sub-section (1) says that a deposition by a civil surgeon or other medical witness may be used as evidence in an inquiry, trial or other proceeding under the Code, even if the person who gave it is not called as a witness. The deposition must have been taken and attested by a Magistrate in the accused’s presence, or taken on commission under this Chapter.

Sub-section (2) says that the Court may summon and question the person who gave the deposition about its subject matter if it thinks fit. The Court must do so if the prosecution or the accused applies.

Official Text

(1) The deposition of 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 Code, 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.

Old <-> New Code Mapping

• BNSS §326 — Deposition of medical witness