(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.
Bharatiya Nagarik Suraksha Sanhita
Section 326
Deposition of medical witness
Englishहिंदी
⚡ Quick Answer Reference: Section 326 BNSS
- Provision: Section 326 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: This section allows a medical witness's deposition, taken by a Magistrate or on commission, to be used as evidence even if the witness isn't present, under certain conditions.
Statutory Content
What does Section 326 of BNSS say?
Indian StandardSection 326, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 326 (India)
Court Pleading StandardSection 326 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/326
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 326 of BNSS mean?
Plain English Explanation
This section allows a medical witness's deposition, taken by a Magistrate or on commission, to be used as evidence even if the witness isn't present, under certain conditions.
Practical Interpretation
In practice, this section streamlines court proceedings by allowing pre-recorded medical testimony to be admitted as evidence, saving time and resources.
Core Legal Purpose
The core purpose is to facilitate the efficient admission of medical evidence in legal proceedings, ensuring that relevant information is considered without unnecessary delays or complications.
Key Legal Elements
- •The deposition must be taken and attested by a Magistrate in the presence of the accused, or taken on commission under this Chapter.
- •The deposition is of a civil surgeon or other medical witness.
- •The key legal test is whether the deposition was properly taken and attested, and whether it is relevant to the subject-matter of the inquiry, trial, or proceeding.
- •A key exception is that the Court may summon and examine the deponent if it thinks fit, or on the application of the prosecution or the accused.
Practical Example
Practical Example of Section 326 BNSS
In a case where Rajesh is accused of causing grievous hurt to Priya, the deposition of Dr. Amit, the civil surgeon who treated Priya, is taken by a Magistrate in Rajesh's presence. Later, in the trial, the prosecution seeks to admit Dr. Amit's deposition as evidence. Under Section 326, this deposition can be admitted as evidence, even if Dr. Amit is not called as a witness, allowing the court to consider his medical testimony without delay.
Common Questions (FAQ)
Frequently Asked Questions about Section 326 BNSS
Q: What is the punishment or consequence under Section 326 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the deposition of medical witnesses in any inquiry, trial, or proceeding under this Sanhita, without distinction between private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not create an offence, but rather provides a procedural mechanism for the admission of evidence, and therefore does not have a classification as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 326 BNSS
What is Section 326 of BNSS?
Section 326 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Deposition of medical witness". In plain terms: This section allows a medical witness's deposition, taken by a Magistrate or on commission, to be used as evidence even if the witness isn't present, under certain conditions.
What is the punishment under Section 326 of BNSS?
Section 326 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 326 of BNSS bailable or non-bailable?
Whether Section 326 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 326 of BNSS?
The essential elements of Section 326 of BNSS are: The deposition must be taken and attested by a Magistrate in the presence of the accused, or taken on commission under this Chapter.; The deposition is of a civil surgeon or other medical witness.; The key legal test is whether the deposition was properly taken and attested, and whether it is relevant to the subject-matter of the inquiry, trial, or proceeding..
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