CrPC Section 291: Deposition of Medical Witness
Section 291 of the Code of Criminal Procedure, 1973 governs when a civil surgeon's or another medical witness's recorded deposition may be used in criminal proceedings without calling that witness to testify again. The corresponding provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 326.
Legal position reviewed: 18 October 2026
Meaning of deposition of a medical witness
A deposition is testimony formally recorded in a legal proceeding. A medical witness is a civil surgeon or another medical professional giving relevant medical evidence. A commission is a court-authorised method of recording a witness's evidence without requiring ordinary attendance before the trial court.
Section 291 CrPC - statutory provisions
Sub-section (1): Use of recorded medical evidence
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 the Code even if the deponent is not called as a witness.
Sub-section (2): Summoning the medical witness
The Court may summon and examine the medical witness on its own initiative. It must summon and examine that witness on the subject matter of the deposition if the prosecution or accused applies for it.
BNSS Section 326 - corresponding current provision
Section 326(1) BNSS allows a deposition of a civil surgeon or other medical witness, recorded and attested by a Magistrate in the presence of the accused or taken on commission under the relevant Chapter, to be used as evidence even when the witness is not called to appear again.
Section 326(2) BNSS retains the court's discretion to summon the witness and requires the court to do so on an application by either the prosecution or the accused. This preserves an opportunity to question the medical witness about the recorded deposition.
For the current legislative text, consult the BNSS text hosted by the Bureau of Police Research and Development, including Section 326.
When can the deposition be used?
The special evidentiary rule applies where the deposition is of a civil surgeon or another medical witness and is either recorded and attested by a Magistrate in the presence of the accused or recorded on commission under the relevant procedural chapter. The statute permits the deposition to be tendered without automatically requiring a fresh personal appearance.
It does not mean that every medical report, certificate or hospital record is automatically admissible under Section 291 CrPC or Section 326 BNSS. The nature of the document, the way evidence was recorded and other applicable evidence rules remain important.
Right to summon and examine the doctor
The prosecution and the accused may apply for the medical deponent to be summoned. Upon such an application, the court is required by sub-section (2) to summon and examine the witness about the subject matter of the deposition. This is particularly relevant where the medical findings, conclusions or circumstances of examination are disputed.
Gujarat state amendment to CrPC Section 291
The original page records the Gujarat Act 31 of 2017, Section 5 amendment to Section 291(1) CrPC. It inserted, after the words "in the presence of accused", the words "or, as the case may be through the medium of Electronic Video Linkage".
This is a state amendment to the former CrPC text. Its continued operation in a particular saved proceeding, and any corresponding state-specific rules under the BNSS, must be assessed separately; the amendment should not be assumed to amend the central text of BNSS Section 326.
Practical illustration
Suppose a civil surgeon's testimony about injuries was recorded and attested by a Magistrate in the manner required by the applicable provision. The prosecution may seek to rely on that deposition without calling the doctor again. If the accused disputes the findings and applies for the doctor to be examined, the court must summon and examine the deponent on the subject matter of that deposition.
Related legal provisions
Section 284 CrPC concerns issuing commissions for examination of witnesses; Section 286 CrPC concerns their execution; and Section 293 CrPC addresses reports of specified government scientific experts. These provisions perform different functions and should not be conflated with Section 291.
Official legal resources
Consult the India Code legislative database for the CrPC, BNSS and applicable amendments, and the government-hosted BNSS reference PDF for the current central provision.
Key takeaway
Section 291 CrPC and Section 326 BNSS provide a specific route for using properly recorded medical depositions in criminal proceedings without routine repeat testimony. The prosecution and the accused retain the statutory right to request examination of the medical witness.
This article is general legal information, not advice on a particular case.