Section 326 BNSS: Deposition of medical witness (Formerly Section 291 CrPC)

Section 326 of Bharatiya Nagarik Suraksha Sanhita, 2023: Deposition of medical witness

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 326

Section 326 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 291 of the CrPC, 1973) regulates the admissibility of the deposition of a medical witness taken before a Magistrate, allowing it to be received in evidence at trial without recalling the doctor, subject to court discretion.

Admissibility of Magisterial Deposition: The deposition of a Civil Surgeon or other medical witness taken and attested by a Magistrate in the presence of the accused may be given in evidence in any trial.
Dispensing with Personal Attendance: The medical witness need not be recalled unless the Court considers their personal presence necessary.
Power to Summon Medical Witness: The Court may, if it thinks fit, and shall, upon application by prosecution or accused, summon and examine such medical witness as to the subject-matter of the deposition.

Key Landmark Precedents:

State of H.P. v. Mast Ram, (2004) 8 SCC 660: The Supreme Court held that the deposition of a medical officer recorded before a Magistrate is substantive evidence; however, if cross-examination was not completed, the doctor must be summoned.
Chhotey Lal v. State of Rajasthan, (1979) 4 SCC 276: Held that where the post-mortem report contains ambiguities regarding the cause of death, the trial court must summon the medical officer under Section 291(2) CrPC.

Courtroom Practice & Strategic Litigation Guidance:

If the post-mortem or injury report leaves room for doubt regarding weapon dimensions or time of death, immediately file an application under Section 326(2) insisting on recalling the medical expert for detailed cross-examination.