Code: Section 328 BNSS
328. (1) Any document purporting to be a report under the hand of any such 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 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 Sanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita, 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 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023, no such officer shall, 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(a) to give any evidence derived from any unpublished official records on which the report is based; or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.
Explanation of Section 328 BNSS
Section 328 BNSS provides for the admissibility of reports prepared by designated officers from various specialized institutions, such as Mints, Note Printing Presses, Security Printing Presses, and Forensic Departments. Key points include:
- Admissibility of Reports:
A report, once prepared by the designated officer (including those from the Controller of Stamps and Stationery, Forensic Science Laboratories, and Examiners of Questioned Documents), may be used as evidence in any legal proceeding under this Sanhita even if the officer is not called as a witness. This facilitates the incorporation of technical findings into judicial proceedings. - Court’s Power to Summon Officers:
The Court may, at its discretion, summon and examine such an officer regarding the subject matter of the report. However, the officer is not compelled to produce the underlying records upon which the report is based. - Restrictions on Evidence Disclosure:
The officer is restricted from presenting any evidence that is derived from unpublished official records on which the report is based, unless permitted by the relevant authority (e.g., General Manager or officer in charge). Additionally, the officer must not disclose the details or nature of any tests conducted during the examination without proper authorization. This ensures the confidentiality and integrity of sensitive or proprietary information. - Reference to Bharatiya Sakshya Adhiniyam, 2023:
The provision clarifies that the restrictions are subject to the provisions of Sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023, which govern the handling of unpublished official records and the disclosure of test particulars.
Illustration
Example 1: Forensic Report in a Criminal Trial
In a criminal trial, a report prepared by an officer of a Forensic Science Laboratory is submitted as evidence. The report details the chemical analysis of substances collected from a crime scene. Although the officer is not called to testify, the report is accepted as evidence. The Court retains the power to summon the officer for further clarification if needed but does not require the officer to produce the raw laboratory records on which the report is based.
Example 2: Report from a Note Printing Press
In a case involving counterfeit currency, a report by an officer of a Note Printing Press is introduced as evidence. The report, prepared after a detailed examination of the notes, is used to establish discrepancies in the printing process. The officer is not summoned to disclose the test methods or the unpublished records unless authorized by the General Manager of the Note Printing Press, thus protecting proprietary information.
Common Questions and Answers on Section 328 BNSS
1. What types of reports can be admitted as evidence under Section 328?
- Answer:
Reports prepared by officers of Mints, Note Printing Presses, Security Printing Presses (including the Controller of Stamps and Stationery), Forensic Departments or Divisions of Forensic Science Laboratories, Government Examiners of Questioned Documents, and State Examiners of Questioned Documents—as specified by notification by the Central Government—may be admitted as evidence.
2. Is it necessary for the reporting officer to appear as a witness in court?
- Answer:
No, the report may be used as evidence even if the reporting officer is not called as a witness. However, the Court may summon and examine the officer regarding the report if it deems necessary.
3. Can the reporting officer be forced to produce the underlying records of the report?
- Answer:
No, under Section 328(2), the officer shall not be summoned to produce the records on which the report is based.
4. Are there any restrictions on what the officer can disclose during testimony?
- Answer:
Yes, the officer is prohibited from giving evidence derived from unpublished official records or from disclosing the details of any test applied, unless authorized by the appropriate officer in charge (e.g., General Manager). This ensures confidentiality of sensitive information.
5. How does the Bharatiya Sakshya Adhiniyam, 2023, relate to this section?
- Answer:
The provisions of Sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023, apply to this section, which means that any evidence or testimony must comply with the rules regarding unpublished official records and the disclosure of test particulars.
Conclusion
Section 328 BNSS is a crucial provision that enables the use of specialized technical reports as evidence in judicial proceedings without necessitating the personal appearance of the reporting officer. It also protects sensitive data by restricting the disclosure of unpublished records and the specifics of testing methods. This balanced approach enhances the evidentiary process while safeguarding proprietary and confidential information. For further legal insights and detailed guidance on the use of scientific and technical reports in court, visit ApniLaw
