Section 326 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 326 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Provision:
Section 326 of the BNSS, 2023, pertains to the admissibility and examination of depositions provided by medical witnesses, such as civil surgeons or other medical experts, in legal proceedings.
Admissibility of Deposition:
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, even if the deponent is not called as a witness.(
Summoning of Deponent:
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.
Explanation:
This provision allows for the use of written depositions from medical witnesses as evidence in legal proceedings, facilitating efficiency in the judicial process. It also ensures that the court has the authority to summon the deponent for further examination if necessary, maintaining the integrity and fairness of the trial.
Comparison with the Code of Criminal Procedure (CrPC):
| Provision | BNSS, Section 326 | CrPC, Section 291 |
|---|---|---|
| Admissibility of medical deposition | Yes | Yes |
| Requirement for Magistrate's attestation | Yes | Yes |
| Summoning of deponent for examination | Yes, on application | Yes, at discretion |
Both the BNSS and the CrPC provide mechanisms for the inclusion of medical depositions as evidence and allow for the summoning of the deponent for further examination, ensuring consistency in legal procedures.
Illustrative Example:
Scenario: In a trial for grievous assault, the victim's injuries were documented by Dr. Sharma, a civil surgeon.
Application of Section 326:
Dr. Sharma's deposition, attested by a Magistrate in the presence of the accused, is submitted as evidence.
The defense requests the court to summon Dr. Sharma for cross-examination.
The court, upon considering the request, summons Dr. Sharma to testify in person.
This process ensures that the medical evidence is duly considered and that both parties have the opportunity to examine the witness.
Conclusion:
Section 326 of the BNSS, 2023, streamlines the inclusion of medical evidence in legal proceedings while preserving the right to summon the medical witness for further examination. This balance enhances the efficiency of the judicial process and upholds the principles of fairness and justice.
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