Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 328
Code: 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.
Explanation
Section 328 of the BNSS deals with the admissibility of reports by certain designated officers as evidence in proceedings under the Sanhita. These officers are:
- Officers of a Mint
- Officers of a Note Printing Press
- Officers of a Security Printing Press (including the Controller of Stamps and Stationery)
- Officers of a Forensic Department or Division of Forensic Science Laboratory
- Government Examiner of Questioned Documents
- State Examiner of Questioned Documents
The section states that a report by such an officer, duly submitted for examination, can be used as evidence in any inquiry, trial, or other proceeding under the Sanhita, even without calling the officer as a witness. This means the report itself is considered admissible as evidence.
Illustration
Suppose a case involves a forged document. The investigating officer sends the document to the Forensic Science Laboratory for examination. The Forensic Science Laboratory’s expert prepares a report stating the document is forged. This report can be admitted as evidence in the trial, even if the expert is not called to testify in court.
Common Questions and Answers
- Q: What is the purpose of this section?
A: To streamline the process of introducing expert reports as evidence in legal proceedings under the BNSS. - Q: Can the report be challenged in court?
A: Yes, although the report is admissible as evidence, its authenticity or accuracy can be challenged by the opposing party. - Q: Can the officer who prepared the report be summoned to testify?
A: The court may summon the officer to testify about the report’s contents, but not to produce any underlying records. - Q: Can the officer disclose unpublished official records or details of tests applied?
A: No, the officer can only disclose such information with the permission of the relevant authority, such as the General Manager of the Mint or the officer in charge of the Forensic Science Laboratory.
