Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 326
Code: Section 326 BNSS
326. (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.
Explanation of Section 326 BNSS
Section 326 BNSS outlines the admissibility of depositions provided by civil surgeons or other medical witnesses in legal proceedings under this Sanhita. The key aspects of this section include:
- Admissibility of Medical Depositions:
The deposition of a civil surgeon or any other medical witness—if taken and attested by a Magistrate in the presence of the accused, or taken on commission under this Chapter—may be used as evidence in any inquiry, trial, or proceeding under this Sanhita. Notably, the deponent (i.e., the medical expert) need not be called as a witness for their deposition to be admitted into evidence. - Court’s Power to Summon the Deponent:
Despite the deposition being admitted as evidence without the deponent’s physical presence, the Court retains the authority to summon and examine the medical witness regarding the details and subject-matter of the deposition. This may be done at the request of either the prosecution or the accused to clarify or further authenticate the evidence provided.
This provision enhances judicial efficiency by allowing important medical evidence to be introduced through pre-prepared depositions while still preserving the opportunity for cross-examination if necessary.
Illustration
Example 1: Medical Evidence in a Criminal Trial
In a criminal trial involving injuries sustained by a victim, the civil surgeon’s deposition—attested by a Magistrate in the presence of the accused—is submitted as evidence. The deposition details the nature and extent of the injuries and the medical opinions regarding their cause. Although the surgeon is not present in court, the deposition is accepted as evidence. Later, the defense requests that the Court summon the surgeon to clarify specific points in the deposition, and the Court obliges, ensuring the reliability of the medical evidence.
Example 2: Streamlined Evidence Through Commissioned Deposition
In a case concerning alleged medical malpractice, a deposition taken on commission under the Chapter is introduced to provide expert opinion on the standard of care. The deposition is read into evidence without requiring the medical expert’s personal attendance. However, if the prosecution challenges the deposition’s details, the Court may summon the expert for further examination on the matter.
Common Questions and Answers on Section 326 BNSS
1. Can a medical deposition be used as evidence even if the deponent is not present in court?
- Answer:
Yes, under Section 326(1), the deposition of a civil surgeon or other medical witness is admissible as evidence in any proceeding under this Sanhita, even if the deponent is not called as a witness.
2. What is required for a medical deposition to be validly admitted?
- Answer:
The deposition must be taken and attested by a Magistrate in the presence of the accused or taken on commission under this Chapter. This ensures that the deposition is properly recorded and authenticated.
3. Does the Court have the authority to examine the deponent if needed?
- Answer:
Yes, according to Section 326(2), the Court may, on the application of either the prosecution or the accused, summon and examine the deponent regarding the subject-matter of his deposition to clarify or confirm its contents.
4. What is the benefit of admitting a deposition without calling the witness?
- Answer:
This provision streamlines the judicial process by allowing the evidence to be submitted in a pre-prepared format, saving time and resources, while still preserving the opportunity for cross-examination if any issues arise regarding the evidence.
Conclusion
Section 326 BNSS plays a critical role in the judicial process by permitting the use of depositions from civil surgeons or other medical witnesses as evidence in legal proceedings. By allowing these depositions to be admitted without the deponent’s personal presence—and yet maintaining the Court’s authority to summon the deponent if necessary—this provision strikes an effective balance between efficiency and the need for thorough examination of medical evidence. For more legal insights and detailed guidance on the use of medical depositions and other evidentiary procedures, visit ApniLaw.
