Code
(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.
STATE AMENDMENT
Gujarat
In the principal Act, in section 291, in sub-section (1), after the words “in the presence of accused”, the words “or, as the case may be through the medium of Electronic Video Linkage” shall be inserted.
[Vide Gujarat Act 31 of 2017, sec. 5.]
Explain the Code:
This section allows for the deposition of a medical witness, who is unable to attend the court due to their professional duties or illness, to be recorded at their place of work or residence.
The deposition can be recorded by:
- A Magistrate
- A Judicial Officer
- Any other person authorized by the Magistrate
The deposition is recorded in the presence of:
- The accused
- The lawyer representing the accused
- The public prosecutor
Illustrate the Code:
Consider a case where a victim of a hit-and-run accident is hospitalized and needs immediate medical attention. The doctor treating the victim might be unable to attend court due to their duties. In this scenario, Section 291 can be used to record the doctor’s deposition at the hospital itself.
Common Questions and Answers:
Q1. What is the purpose of Section 291?
A1. Section 291 aims to ensure the efficient and timely recording of medical evidence in criminal cases by facilitating the deposition of medical witnesses who are unable to attend court.
Q2. Can the accused be present at the deposition?
A2. Yes, the accused has the right to be present at the deposition along with their lawyer.
Q3. Who can record the deposition?
A3. A Magistrate, a Judicial Officer, or any other person authorized by the Magistrate can record the deposition.
