What Is BNSS Section 326?

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.

Brief Detail

Section 326 of the Bharatiya Nagarik Suraksha Sanhita, 2023, addresses the deposition of medical witnesses. It states that depositions taken by a civil surgeon or medical witness, whether in the presence of the accused or through a commission, can be used as evidence in legal proceedings without the need to call the deponent. Additionally, the court has the authority to summon the deponent if deemed necessary or upon request by either party.

Question & Answers

Q1: What does Section 326 of the Bharatiya Nagarik Suraksha Sanhita, 2023 address?

A1: It addresses the deposition of medical witnesses.

Q2: Who can provide a deposition according to this section?

A2: A civil surgeon or other medical witnesses.

Q3: In what circumstances can a deposition be used as evidence?

A3: A deposition can be used in any inquiry, trial, or other proceeding under this Sanhita, even if the deponent is not present.

Q4: Can the court summon the deponent?

A4: Yes, the court may summon the deponent if it thinks fit or upon the application of the prosecution or the accused.

Q5: What is required for a deposition to be admissible in court?

A5: The deposition must be taken and attested by a Magistrate in the presence of the accused or taken on commission.

Example

• A civil surgeon provides a written deposition regarding a patient's medical condition after an alleged crime. This deposition is later presented in court as evidence without requiring the surgeon's presence.
• During a trial, the prosecution requests the court to summon a medical witness who provided a deposition to clarify certain details.

Summary

Section 326 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows the depositions of medical witnesses to be used as evidence in legal proceedings, even if the witnesses are not present. It empowers the court to summon these witnesses if necessary, ensuring that medical evidence can be effectively presented in court.