CrPC Section 291
🔹 Bare Act Language of Section 291 CrPC:
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 Chapter XL, 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.
🔍 Key Elements of Section 291
1. Who is covered?
Civil Surgeons
Medical Officers
Other medical witnesses
These are typically doctors who give professional medical opinions, for example, post-mortem reports, injury certificates, etc.
2. What does the section allow?
The deposition (i.e., testimony or statement) of a medical witness that was:
Taken and attested by a Magistrate in the presence of the accused, or
Taken on commission under Chapter XL of CrPC (which deals with recording evidence on commission),
3. Purpose of this Section
To avoid unnecessary delay in the judicial process.
To reduce inconvenience to medical officers who may be busy saving lives or attending hospitals.
To speed up trials by accepting their written and attested depositions instead of calling them every time.
4. Safeguards Provided
Even though the deposition can be read without calling the medical officer, the court has the power to summon them.
If the prosecution or accused requests, the court must summon and examine the medical witness in person.
This ensures fairness and the right to cross-examine the witness if needed.
🏛️ Practical Examples
✅ Example 1: Injury Report
A doctor examines a victim in a police case and issues a certificate stating the injuries are grievous. If this report is recorded before a Magistrate, the doctor need not come to court again unless someone challenges the report.
✅ Example 2: Post-Mortem Report
A civil surgeon performs a post-mortem and submits a report. His deposition is recorded by the Magistrate. That deposition can be admitted in court even if the surgeon is not called — unless the defense or prosecution specifically wants to examine him.
🔐 Legal Importance
Ensures efficiency in criminal trials.
Balances judicial economy with procedural fairness.
Prevents wastage of medical resources by not forcing doctors to attend court unnecessarily.
✅ When is Section 291 NOT applicable?
If the deposition is not attested by a Magistrate.
If the accused was not present during the deposition (unless recorded on commission).
If the credibility of the medical witness is seriously questioned — then personal examination is necessary.
🔄 Comparison with Section 293 CrPC
Section 291: Deals with deposition recorded before a Magistrate.
Section 293: Allows reports of certain government scientific experts (like forensic scientists) to be used directly without calling them, unless required.
📝 Conclusion
Section 291 CrPC provides a practical solution to manage medical evidence in criminal cases by:
Allowing depositions taken before a Magistrate to be used as evidence.
Ensuring fairness by allowing either side to summon the medical witness if necessary.
It's a time-saving tool but not a restriction on the rights of the accused or prosecution.
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