Bharatiya Nagarik Suraksha Sanhita, 2023
Section 326
Deposition of medical witness
(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.
Why this exists
Doctors are frequently needed as witnesses across many criminal cases, and requiring every one of them to personally appear for straightforward medical evidence would be highly impractical. This provision, from Section 291 of the old CrPC, streamlines the process while preserving each party's right to demand the doctor's personal examination if the evidence is genuinely disputed.
Common misconceptions
- Myth: Medical evidence can never be questioned once it's on paper.
Fact: Either side can ask the court to summon and question the doctor about their deposition if they want it tested further.