Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 336
Code: 336
Explanation:
This section deals with the admissibility of documents or reports prepared by public servants, scientific experts, medical officers, or investigating officers in inquiries, trials, or other proceedings under the BNSS. It outlines a procedure for using such documents as evidence when the original author is unavailable or their presence is impractical.
Illustration:
Imagine a police officer, Inspector Sharma, prepared a report on a crime scene. During the trial, Inspector Sharma is transferred to another station. According to Section 336, the Court can secure the presence of the officer who currently holds the post of Inspector Sharma at the police station where the crime occurred. This officer can then be called to give deposition regarding the report prepared by Inspector Sharma.
Common Questions and Answers:
- Q: What happens if the successor officer has no knowledge of the report?
A: The Court may consider other evidence or seek expert opinion to authenticate the report.
- Q: Can the Court refuse to accept the successor officer’s deposition?
A: Yes. The Court can reject the deposition if it finds it unreliable or insufficient.
- Q: Does this section apply only to the BNSS?
A: The section is specific to the BNSS, but similar provisions may exist in other laws.
