Section 326 of BNSS : Section 326: Deposition of medical witness.

Explanation using Example

Example 1:

Scenario: A criminal trial involving an assault case.

Situation: Rajiv is accused of assaulting his neighbor, Suresh, causing severe injuries. Suresh was taken to the hospital, where Dr. Mehta, a civil surgeon, treated him and documented the injuries. Dr. Mehta's deposition was taken by a Magistrate in the presence of Rajiv.

Application of Section 326:

• During the trial, Dr. Mehta is unavailable to testify in person because he is attending a medical conference abroad.
• The prosecution submits Dr. Mehta's deposition, which was taken and attested by the Magistrate, as evidence in the trial.
• The court accepts the deposition as valid evidence under Section 326(1), even though Dr. Mehta is not present to testify.
• Rajiv's defense lawyer requests the court to summon Dr. Mehta for cross-examination once he returns, as per Section 326(2).
• The court agrees and schedules a future date for Dr. Mehta's examination.

Example 2:

Scenario: A murder investigation.

Situation: Priya is accused of poisoning her husband, Arjun. The post-mortem examination was conducted by Dr. Sharma, a medical expert, who provided a detailed report on the cause of death. Dr. Sharma's deposition was taken on commission under Chapter XXV.

Application of Section 326:

• During the inquiry, Dr. Sharma is unable to attend the court proceedings due to a medical emergency.
• The prosecution pre...

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