Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 326
Code: Section 326, Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section deals with the admissibility of depositions of medical witnesses, specifically civil surgeons, in criminal proceedings. It outlines the following:
- Deposition admissibility: The deposition of a civil surgeon or other medical witness, taken and authenticated by a Magistrate in the presence of the accused, or recorded through a commission under the relevant chapter, can be used as evidence in any inquiry, trial, or other proceeding under the BNSS, even if the deponent is not called to testify in court.
- Court’s discretion: The court has the discretion to summon and examine the deponent about the contents of their deposition, either on its own initiative or upon the request of the prosecution or the accused.
Illustration:
Imagine a case where a victim is injured in an assault. A civil surgeon examines the victim and records their observations and findings in a deposition, attested by a Magistrate in the presence of the accused. This deposition, under Section 326, can be presented as evidence in the subsequent trial, even if the civil surgeon is unable to appear in court. The court may also choose to summon the civil surgeon for further examination, if it deems necessary.
Common Questions and Answers:
- Q: What are the conditions for the admissibility of a medical deposition under this section?
- A: The deposition must be taken and attested by a Magistrate in the presence of the accused, or taken on commission under the relevant chapter.
- Q: Can the court refuse to admit the deposition?
- A: While the deposition is generally admissible, the court has the discretion to refuse to admit it if it finds it unreliable or inadequate.
- Q: Can the accused challenge the deposition?
- A: Yes, the accused has the right to challenge the deposition by cross-examining the deponent if they are summoned to court.
