Chapter XXIII
Section 291 CrPC: Deposition of medical witness
New Law Update (2024)
Section 329 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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 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.
Important Sub-Sections Explained
Section 291(1)
This explains how a medical witness’s prior recorded statement, taken correctly by a Magistrate, can be directly used as evidence in court without requiring the doctor to appear again. It simplifies trials by accepting already documented medical testimony.
Section 291(2)
This subsection empowers the court to call the medical witness for further questioning if it deems necessary, and critically, it *requires* the court to do so if either the prosecution or the accused requests it. This safeguards the right of both parties to properly examine the medical evidence.
Landmark Judgements
Bhagwan Singh v. State of Punjab (1998):
The Supreme Court clarified that while Section 291 CrPC allows medical depositions to be admitted without the deponent’s presence, it does not nullify the need to examine the medical witness, especially in cases where the report is complex or raises doubts. The Court emphasized the fundamental right of the accused to cross-examine the witness when necessary for a fair trial.
State of Haryana v. Major Sukhdev Singh (2019):
The Supreme Court reiterated that although a medical witness’s deposition can be admitted under Section 291(1) CrPC, sub-section (2) grants the court discretion to summon the deponent and mandates it upon an application by either the prosecution or the accused. This ruling underlines the crucial importance of the right to cross-examine a medical witness when their testimony forms a vital part of the evidence.
Draft Format / Application
IN THE COURT OF THE (Designation of Magistrate/Judge)
AT (City)
Criminal Case No. _________ of (Year)
IN THE MATTER OF:
STATE/PROSECUTION
VERSUS
(Accused’s Name)
… ACCUSED
APPLICATION UNDER SECTION 291(2) OF THE CODE OF CRIMINAL PROCEDURE, 1973, FOR SUMMONING AND EXAMINING MEDICAL WITNESS
MOST RESPECTFULLY SHOWETH:
1. That the above-mentioned criminal case is pending adjudication before this Hon’ble Court.
2. That in the course of the investigation, the deposition of Dr. (Name of Medical Witness), (Designation), (Hospital/Institution), was taken and attested by a Magistrate under Section 291(1) of the Code of Criminal Procedure, 1973, and forms part of the evidence in this case.
3. That the applicant/accused believes it is essential and necessary for the proper adjudication of the case and in the interest of justice that the said medical witness, Dr. (Name of Medical Witness), be summoned and examined by this Hon’ble Court.
4. That the presence and examination of the said medical witness are crucial to clarify certain aspects of the medical evidence, to test the veracity of the deposition, and to ensure the applicant’s right to a fair trial, including the right to cross-examine the deponent regarding the subject-matter of his deposition.
5. That this application is being made bona fide and without any undue delay.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Issue summons to Dr. (Name of Medical Witness), (Designation), (Hospital/Institution), to appear before this Hon’ble Court on a date fixed by the Court.
b) Allow the applicant/accused to examine and cross-examine the said medical witness regarding the subject-matter of his deposition.
c) Pass any other order or direction that this Hon’ble Court deems fit and proper in the circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL EVER REMAIN GRATEFUL.
Dated: (Date)
(Signature of Advocate for Accused)
(Name of Advocate)
(Bar Council Enrollment No.)
(Signature of Applicant/Accused)
(Name of Applicant/Accused)