CrPC 291 to BNSS 326: Deposition of medical witness
Section 291 CrPC (1973) replaced by Section 326 BNSS (2023)
CrPC 291 to BNSS 326 at a Glance
Section 291 CrPC (Deposition of medical witness) is now Section 326 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 291 to BNSS 326?
From 1 July 2024, Section 326 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 291 of the Code of Criminal Procedure, 1973. The heading is the same. Section 326(1) BNSS reads this Sanhita where Section 291(1) CrPC read this Code. Section 326(2) BNSS has the same text as Section 291(2) CrPC.
CrPC 291 vs BNSS 326: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 291 | 326 |
| Heading | Deposition of medical witness | Same |
| Sub-sections | 2 sub-sections | Same |
CrPC 291 and BNSS 326: Bare Act Text Side by Side
Section 291, CrPC 1973
Section 326, BNSS 2023
When It Applies: CrPC 291 vs BNSS 326
- Under Section 291(1) CrPC, the deposition of a civil surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused, may be given in evidence in any inquiry, trial or other proceeding under the Code, although the deponent is not called as a witness.
- Under Section 291(1) CrPC, the deposition of a civil surgeon or other medical witness, taken on commission under the Chapter in which Section 291 CrPC stands, may be given in evidence in any inquiry, trial or other proceeding under the Code.
- Under Section 291(2) CrPC, the Court may, if it thinks fit, summon and examine any such deponent as to the subject-matter of the deposition.
- Under Section 291(2) CrPC, the Court shall, on the application of the prosecution or the accused, summon and examine any such deponent as to the subject-matter of the deposition.
- Under Section 326(1) BNSS, the deposition of a civil surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused, may be given in evidence in any inquiry, trial or other proceeding under the Sanhita, although the deponent is not called as a witness.
- Under Section 326(1) BNSS, the deposition of a civil surgeon or other medical witness, taken on commission under the Chapter in which Section 326 BNSS stands, may be given in evidence in any inquiry, trial or other proceeding under the Sanhita.
- Under Section 326(2) BNSS, the Court may, if it thinks fit, summon and examine any such deponent as to the subject-matter of the deposition.
- Under Section 326(2) BNSS, the Court shall, on the application of the prosecution or the accused, summon and examine any such deponent as to the subject-matter of the deposition.
What CrPC 291 to BNSS 326 Means in Practice
FAQs: CrPC 291 to BNSS 326
Which BNSS section replaced Section 291 CrPC from 1 July 2024?▼
From 1 July 2024, Section 326 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 291 of the Code of Criminal Procedure, 1973. The heading is the same: deposition of medical witness.
What difference is there between Section 291(1) CrPC and Section 326(1) BNSS?▼
Section 326(1) BNSS reads this Sanhita where Section 291(1) CrPC read this Code. The rest of Section 326(1) BNSS has the same text as Section 291(1) CrPC.
Is Section 326(2) BNSS different from Section 291(2) CrPC?▼
No. Section 326(2) BNSS has the same text as Section 291(2) CrPC.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·