Deposition of medical witness
Section 291 of the Code of Criminal Procedure, 1973 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 Code, although the deponent is not called as a witne The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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 Code, 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 291, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 326 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 The repealed enactment still governs what happened while it was in force.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.
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
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 291
What have the courts held on Section 291 of the Code of Criminal Procedure?
Siya Ram Prasad vs The State of Jharkhand (29 Apr 2016) is the leading judgment on this section among those set out below: 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 291 of the Code of Criminal Procedure?
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: CRPC 291, section 291 CRPC, section 291 of the Code of Criminal Procedure. 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 291 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 326 (Deposition of medical witness), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 291 of the Code of Criminal Procedure come into force?
Section 291 of the Code of Criminal Procedure, cited as CRPC 291, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
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- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
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- 2. Definitions799 words
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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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.