Deposition of medical witness
Section 326 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with deposition of medical witness. 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 wi The Act came into force on 01 Jul 2024.
(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.
Section 326, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 291 Deposition of medical witness Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Siya Ram Prasad vs The State of Jharkhand
Decided under Code of Criminal Procedure 291, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An accused cannot seek examination of additional witnesses during appellate proceedings on the ground of insufficiency of prosecution evidence. The benefit of insufficiency of evidence accrues to the accused as a matter of right, but this benefit cannot be used as grounds to demand additional witness examination. The procedural finality of trial proceedings and the appellate stage's limited scope for introducing new evidence preclude such requests.
On this section: Provision under which the accused sought examination of additional witnesses during appellate proceedings; the court held that this provision cannot be used to examine witnesses on grounds of insufficiency of prosecution evidence
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 326
What have the courts held on Section 326 of the Bharatiya Nagarik Suraksha Sanhita?
Siya Ram Prasad vs The State of Jharkhand (29 Apr 2016) is the leading judgment on this section among those set out below, though it was decided under CRPC 291, which this section replaced -- the court never mentioned this Act: Provision under which the accused sought examination of additional witnesses during appellate proceedings; the court held that this provision cannot be used to examine witnesses on grounds of insufficiency of prosecution evidence.
How do I find court cases under Section 326 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 326, section 326 BNSS, section 326 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 326g and bns 326 g in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Siya Ram Prasad vs The State of Jharkhand (29 Apr 2016).
What should I read with Section 326 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
2 other provisions in this corpus refer back to it. It carries forward CrPC 291 (Deposition of medical witness), so the judgments decided under that provision are the case law on this one.
When did Section 326 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 326 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 326, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.