Deposition of Medical witness
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Summary
A medical deposition recorded and attested by a Magistrate in the presence of the accused, or taken on commission, can be used as evidence even if the medical witness is not called. The Court may summon and examine that medical deponent if it thinks fit. If the prosecution or the accused applies, the Court must summon and examine the deponent.
Example
Priya is examined by a civil surgeon after an assault and the Magistrate records and attests the surgeon's deposition in the accused's presence. At trial the Court admits that deposition as evidence even though the surgeon is not produced. When the accused asks, the Court must summon and examine the surgeon.
Bare Act
Enacted 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.
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