CrPC 291→BNSS 326

CrPC 291 to BNSS 326: Deposition of medical witness

Section 291 CrPC (1973) replaced by Section 326 BNSS (2023)

View CrPC Section 291 →View BNSS Section 326 →

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

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section291326
HeadingDeposition of medical witnessSame
Sub-sections2 sub-sectionsSame

CrPC 291 and BNSS 326: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 291, CrPC 1973

291. Deposition of medical witness.—(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.
BNSS 2023 (in force)

Section 326, BNSS 2023

326. Deposition of medical witness.—(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.

When It Applies: CrPC 291 vs BNSS 326

Under CrPC 291
  1. 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.
  2. 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.
  3. 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.
  4. 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 BNSS 326
  1. 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.
  2. 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.
  3. 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.
  4. 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

Under Section 326(1) BNSS, the deposition of a civil surgeon or other medical witness may be given in evidence in any inquiry, trial or other proceeding under the Sanhita, although the deponent is not called as a witness. Section 291(1) CrPC named any inquiry, trial or other proceeding under the Code.

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 ·