Code of Criminal Procedure — Section 291

291. Deposition of medical witness.—(1) The deposition of 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

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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.

Gujarat

STATE AMENDMENT

In the principal Act, in section 291, in sub-section (1), after the words “in the presence of accused”, the words

“or, as the case may be through the medium of Electronic Video Linkage” shall be inserted.

[Vide Gujarat Act 31 of 2017, sec. 5.]

1[291A. Identification report of Magistrate.—(1) Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this Code, although such Magistrate is not called as a witness:

Provided that where such report contains a statement of any suspect or witness to which the provisions of section 21, section 32, section 33, section 155 or section 157, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), apply, such statement shall not be used under this sub-section except in accordance with the provisions of those sections.

(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon

and examine such Magistrate as to the subject-matter of the said report.]