Section 291 of CRPC "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 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.
STATE AMENDMENT
Gujarat
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.]
Section 292 of CRPC "Evidence of Officers of the Mint"
(1) Any document purporting to be a report under the hand of any such
1[officer of any Mint or of any Note Printing Press or of any Security
Printing Press (including the officer of the Controller of Stamps and
Stationery) or of any Forensic Department or Division of Forensic Science
Laboratory or any Government Examiner of Questioned Documents or any State
Examiner of Questioned Documents, as the case may be,] as the Central
Government may, by notification, specify in this behalf, upon any matter or
thing duly submitted to him for examination and report in the course of any
proceeding under this Code, may be used as evidence in any inquiry, trial or
other proceeding under this Code, although such officer is not called as a
witness.
(2) The Court may, if it thinks fit, summon and examine any such officer as
to the subject-matter of his report:
Provided that no such officer shall be summoned to produce any records on which the report is based.
(3) Without prejudice to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), no such officer shall, 1[except with the permission of the General Manager or any officer in charge of any Mint or of any Note Printing Press or of any Security Printing Press or of any Forensic Department or any officer in charge of the Forensic Science Laboratory or of the Government Examiner of Questioned Documents Organisation or of the State Examiner of Questioned Documents Organisation, as the case may be,] be permitted-
(a) to give any evidence derived from any unpublished official records on which the report is based; or
(b) to disclose the nature or particulars of any test applied by him in the course of the examination of the matter or thing.
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1. Subs. by Act 2 of 2006, s. 5, for certain words (w.e.f. 16-4-2006).Section 293 of CRPC "Reports of certain Government scientific experts"
(1) Any document purporting to be a report under the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code.
(2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report.
(3) Where any such expert is summoned by a Court, and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf.
(4) This section applies to the following Government scientific experts, namely:--
(a) any Chemical Examiner or
Assistant Chemical Examiner to Government;
1[(b) the Chief Controller of Explosives;]
(c) the Director of the Finger Print Bureau;
(d) the Director, Haffkeine Institute, Bombay;
(e) the Director 2 [, Deputy Director or Assistant Director] of a Central Forensic Science Laboratory or a State Forensic Science Laboratory;
(f) the Serologist to the Government;
3[(g) any other Government scientific expert specified, by notification, by the Central Government for this purpose.
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1. Subs. by Act 25 of 2005, s. 26, for cl. (b) (w.e.f. 23-6-2006).
2. Ins. by Act 45 of 1978, s. 21 (w.e.f. 18-12-1978).
3. Ins. by Act 25 of 2005, s. 26 (w.e.f. 23-6-2006).
EVIDENCE IN INQUIRIES AND TRIALS
Commissions for Examination of Witnesses