Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 330
Code: Section 330 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section deals with the procedure for admitting documents in criminal proceedings. It outlines the following:
- List of Documents: When documents are filed by either the prosecution or the accused, a list of these documents must be prepared, and the parties (or their lawyers) must be given a chance to admit or deny the genuineness of each document within 30 days of receiving the list.
- Time Extension: The court can extend this 30-day deadline, but only with written reasons for doing so.
- Expert Witnesses: Expert witnesses can only be called if the report prepared by an expert is disputed by one of the parties in the trial.
- Format of the List: The State Government has the power to decide the specific format for this document list.
- Admitted Documents: If the genuineness of a document is not disputed, it can be considered as evidence without the need for further proof of the signature on the document. However, the court can, in its discretion, still ask for proof of the signature.
Illustration:
Let’s say in a theft case, the prosecution presents a photograph of the stolen item. The accused is given a list containing this photograph, and within 30 days, they have to state whether they accept the photo as authentic. If they don’t deny its genuineness, the court can consider it as evidence without requiring the prosecution to prove its authenticity.
Common Questions and Answers:
- Q: What happens if a document is denied?
- A: If a party denies the genuineness of a document, the prosecution would have to provide proof of its authenticity in court. This might involve calling witnesses or presenting other evidence to support its claims.
- Q: Why is this section important?
- A: This section helps streamline the trial process by allowing the court to quickly admit documents that are not contested, saving time and resources. It also ensures fairness by giving both the prosecution and the accused the opportunity to challenge the authenticity of documents.
- Q: What happens if the time limit is not met?
- A: If a party fails to respond within the 30-day period, the court may treat the document as admitted. However, the court can, at its discretion, consider other factors and make a decision based on the specific circumstances of the case.
