Law4u - Made in India

What Is BNSS Section 326?

Answer By law4u team

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.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Vinod Kumar Gupta

Advocate Vinod Kumar Gupta

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Court Marriage, Criminal, Divorce, Family, Domestic Violence, High Court, Insurance, Motor Accident

Get Advice
Advocate Ruby Das

Advocate Ruby Das

Cheque Bounce, Court Marriage, Criminal, Divorce, Domestic Violence, Landlord & Tenant, Property

Get Advice
Advocate A R Singal

Advocate A R Singal

Anticipatory Bail, Cheque Bounce, Criminal, Domestic Violence, Family, Motor Accident, Court Marriage, Cyber Crime

Get Advice
Advocate Anil Kumar Pandey

Advocate Anil Kumar Pandey

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Supreme Court, Tax, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Mohit Dalal

Advocate Mohit Dalal

Anticipatory Bail, Banking & Finance, Civil, Criminal, High Court

Get Advice
Advocate Devandla Balaji

Advocate Devandla Balaji

Civil,Criminal,Divorce,Family,High Court,

Get Advice
Advocate Renu Ranvijay Ojha

Advocate Renu Ranvijay Ojha

Anticipatory Bail,Criminal,Cyber Crime,Divorce,Family,

Get Advice

Bharatiya Nagarik Suraksha Sanhita(BNSS) Related Questions

Discover clear and detailed answers to common questions about Bharatiya Nagarik Suraksha Sanhita(BNSS). Learn about procedures and more in straightforward language.