Criminal Manual 88 — MEDICAL WITNESSES

Gujarat High Court Criminal Manual (subordinate court practice), 1977

Statutory text

(1) Section 291 of the Code of Criminal Procedure, 1973, requires that for the purpose of making evidence admissible in other inquiry, trial or proceeding the deposition of a medical witness except deposition taken on commission, should be taken and attested in the presence of the accused by the Magistrate and in order to remove any argument regarding its admissibility in other proceedings an attestation in the following form should, therefore, always be appended to such depositions in addition to endorsement "Read over to the witness and admitted by him to be correct." "Taken before me and signed by me in the presence of the accused, to whom the deposition was explained and opportunity given to cross-examine. Date : (Signature of Magistrate)." (2) The Medical evidence should be recorded fully and intelligently on all the salient points so that a second examination by another Court may not be necessary. The evidence should be fully interpreted to the accused, if necessary, and he should be allowed opportunity to cross-examine the medical witness.

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