CrPC Section 291: Medical Witness Deposition – Code of Criminal Procedure

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CrPC Section 291: Medical Witness Deposition

1. State the Code:

Section 291 of the Code of Criminal Procedure, 1973 (CrPC) deals with the deposition of medical witnesses.

2. 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

3. 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.

4. 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.

Also Read  Section 336 CrPC: Power of State Government to Empower Officer in Charge to Discharge
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