BNSS Section 329: Evidence of Government Scientific Expert Reports
Code: Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 329
Explanation: This section deals with the admissibility of reports from government scientific experts in proceedings under the BNSS.
- Subsection (1): Any document presented as a report prepared by a government scientific expert listed in subsection (4) can be used as evidence in any inquiry, trial, or other proceeding under the BNSS. This report must be based on the expert’s examination or analysis of material submitted to them in the course of the proceeding.
- Subsection (2): The court has the discretion to summon and examine the expert regarding the contents of their report. This allows for questioning the expert about their findings and methodology.
- Subsection (3): If the expert cannot personally attend court, they can delegate a responsible officer who is familiar with the case to attend and testify on their behalf. This provision ensures that the court has access to the expert’s knowledge even if they are unavailable.
- Subsection (4): This subsection lists the specific government scientific experts covered by this section, including:
- Chemical Examiner or Assistant Chemical Examiner
- Chief Controller of Explosives
- Director of the Finger Print Bureau
- Director, Haffkeine Institute, Bombay
- Director, Deputy Director, or Assistant Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory
- Serologist to the Government
- Any other expert officially designated by the State or Central Government.
Illustration: In a case involving a suspected poisoning, the Chemical Examiner, after analyzing the collected samples, prepares a report concluding that the presence of a specific poison was detected. This report, under Section 329(1), can be admitted as evidence in the trial. The court might then choose to summon the Chemical Examiner under Section 329(2) to clarify the methodology used or answer questions regarding the findings.
Common Questions and Answers
Q1: Is the expert report conclusive evidence in court?
A1: No. While the expert report is admissible as evidence, the court is not bound to accept it unconditionally. It can consider other evidence and arguments presented during the trial before arriving at a decision.
Q2: Can the defense challenge the expert’s qualifications?
A2: Yes. The defense can challenge the expert’s credentials or raise doubts about their methodology to undermine the weight given to the report.
Q3: Can a private scientific expert’s report be used as evidence?
A3: This section applies only to reports from government-designated experts. Reports from private experts may be admissible under other provisions of the law, but the court may consider their qualifications and objectivity more carefully.
