Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXV: Evidence in Inquiries and Trials · B.—Commissions for the examination of witnesses
Section 326: Deposition of medical witness
In plain words
The deposition of a civil surgeon or other medical witness, taken and attested by a Magistrate in the accused's presence, or taken on commission, can be used as evidence even if the doctor is not called. The court can, and must if a party asks, summon and examine the doctor about it.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 326
No Supreme Court judgment in our database cites this section yet.