Section 326 BNSS: Deposition of medical witness
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 326 BNSS at a Glance
Section 326 BNSS deals with deposition of medical witness. It replaced Section 291 CrPC on 1 July 2024.
Section 326 BNSS Bare Act Text
(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.
Source: Section 326, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 326 BNSS in Simple Words
Section 326 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that 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 the Chapter in which Section 326 BNSS stands, 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(2) BNSS, 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 the deposition.
When Section 326 BNSS Applies
- 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.
Example of Section 326 BNSS
When Section 326 BNSS Does Not Apply
- Section 326 BNSS speaks of the deposition of a civil surgeon or other medical witness. It does not deal with the execution of foreign commissions, which is the subject of Section 325 BNSS.
- Section 326 BNSS speaks of the deposition of a civil surgeon or other medical witness. It does not deal with the evidence of officers of Mint, which is the subject of Section 328 BNSS.
Section 326 BNSS in the CrPC (Previous Law)
Section 326 BNSS 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. 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.
Each sub-section below names its own source.
FAQs on Section 326 BNSS
What may be given in evidence under Section 326(1) BNSS?▼
Section 326(1) BNSS says 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 the Chapter in which Section 326 BNSS stands, may be given in evidence in any inquiry, trial or other proceeding under the Sanhita.
Does Section 326(1) BNSS require the deponent to be called as a witness?▼
Section 326(1) BNSS says the deposition may be given in evidence although the deponent is not called as a witness.
When may the Court summon and examine the deponent under Section 326(2) BNSS?▼
Section 326(2) BNSS says 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 the deposition.
What changed from Section 291 CrPC to Section 326 BNSS 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. 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.
Section 326 BNSS: Sub-sections Explained
Section 326(1) BNSS: Deposition of medical witness
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Bare Act Text
(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.
Section 326(2) BNSS: Deposition of medical witness
▶
Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·