Deposition of medical witness
AI Assist
Summary
A deposition by a civil surgeon or other medical witness, if recorded and attested by a Magistrate in the accused's presence or taken on commission, may be used as evidence even if that medical witness is not later called. The court may summon and examine the deponent, and must do so if the prosecution or the accused applies for it.
Example
Priya is injured in a road accident and a civil surgeon records her medical deposition before a Magistrate while the accused is present. At trial the surgeon is not called, but the court admits the recorded deposition as evidence. Later Rohan, the accused, asks the court to summon the surgeon; the court must summon and examine the deponent on request.
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 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.
Previous year papers
Pick your exam. we'll email the most recent paper.