Section 291 CrPC: Deposition of medical witness

Code of Criminal Procedure, 1973

Section 291 CrPC at a Glance

Section 291 CrPC deals with deposition of medical witness. From 1 July 2024 it is replaced by Section 326 BNSS.

Now BNSS

Section 326 →

What Section 291 CrPC Says

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.

Source: Section 291, Code of Criminal Procedure, 1973

Section 291 CrPC in Simple Words

Section 291 of the Code of Criminal Procedure, 1973 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 291 CrPC stands, 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(2) CrPC, 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 291 CrPC Applies

  • 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.

Example of Section 291 CrPC

Meera is a civil surgeon whose deposition was taken and attested by a Magistrate in the presence of the accused, Arun. Under Section 291(1) CrPC, the deposition of Meera may be given in evidence in a trial under the Code, although Meera is not called as a witness.

When Section 291 CrPC Does Not Apply

  • Section 291 CrPC 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 290 CrPC.
  • Section 291 CrPC speaks of the deposition of a civil surgeon or other medical witness. It does not deal with the evidence of officers of the Mint, which is the subject of Section 292 CrPC.

Section 291 CrPC Under BNSS 326: What Changed

Section 291 CrPC is now covered under Section 326 BNSS.

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.

View detailed comparison (CrPC 291 vs BNSS 326) →

FAQs on Section 291 CrPC

What may be given in evidence under Section 291(1) CrPC?▼

Section 291(1) CrPC 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 291 CrPC stands, may be given in evidence in any inquiry, trial or other proceeding under the Code.

Does Section 291(1) CrPC require the deponent to be called as a witness?▼

Section 291(1) CrPC 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 291(2) CrPC?▼

Section 291(2) CrPC 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.

Where is Section 291 CrPC found in the BNSS from 1 July 2024?▼

Section 291(1) CrPC is found in Section 326(1) BNSS and Section 291(2) CrPC in Section 326(2) BNSS. 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.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·