Sections 291, 292 and 293 CrPC: Medical Witness, Mint Officers and Government Scientific Experts

Section 291 CrPC - Deposition of medical witness

Meaning: Section 291 permits a qualifying deposition of a civil surgeon or other medical witness to be used in evidence even when the medical witness is not called personally, subject to the safeguards stated in the section.

Under sub-section (1), a deposition taken and attested by a Magistrate in the presence of the accused, or taken on commission under the relevant Chapter, may be given in evidence in an inquiry, trial or other proceeding under the CrPC although the deponent is not called as a witness.

Under sub-section (2), the Court may summon and examine the medical deponent if it considers this appropriate. Where the prosecution or the accused applies for such examination, the section requires the Court to summon and examine the deponent regarding the subject matter of the deposition.

Gujarat State amendment

The Gujarat amendment inserted, after the reference to the presence of the accused in sub-section (1), provision for the use of electronic video linkage, as applicable under the State amendment.

Section 292 CrPC - Evidence of officers of the Mint and specified institutions

Meaning: Section 292 makes specified official reports admissible in evidence without requiring the reporting officer to be called in every case. It covers reports by officers of institutions and forensic organisations specified by the Central Government in accordance with the section.

A document purporting to be a report under the hand of a notified officer, on a matter or thing duly submitted for examination and report during a proceeding under the CrPC, may be used as evidence in an inquiry, trial or other proceeding even though that officer is not called as a witness.

The Court may summon and examine the officer about the subject matter of the report. However, the statutory proviso protects the underlying records from compulsory production by such an officer. The section also restricts disclosure of evidence derived from unpublished official records and the nature or particulars of tests, except with the permission prescribed by the provision and subject to the applicable rules concerning official records.

The provision was expanded by the Code of Criminal Procedure (Amendment) Act, 2005, effective from 16 April 2006, to include specified printing, forensic and questioned-document institutions and officers.

Section 293 CrPC - Reports of certain Government scientific experts

Meaning: Section 293 permits a report signed by a Government scientific expert covered by the section, relating to a matter or thing submitted for examination or analysis during a proceeding, to be used as evidence without automatically requiring the expert's personal attendance.

The Court retains power to summon and examine the expert concerning the subject matter of the report. If an expert who has been summoned cannot personally attend, and the Court has not expressly required personal appearance, the expert may depute a responsible officer who works with the expert, knows the facts of the case and can satisfactorily depose on the expert's behalf.

The statutory list includes Government Chemical Examiners and Assistant Chemical Examiners, the Chief Controller of Explosives, the Director of the Finger Print Bureau, the Director of the Haffkeine Institute, specified Directors, Deputy Directors and Assistant Directors of Central or State Forensic Science Laboratories, the Serologist to the Government, and other Government scientific experts notified by the Central Government.