Section 293 CrPC: Government Scientific Expert Reports – Code of Criminal Procedure
This section deals with the admissibility of reports from government scientific experts in criminal proceedings.
1. State the Code
Section 293 of the Code of Criminal Procedure, 1973 (CrPC) states:
“When any report or other document is submitted under section 291 or 292 by a person appointed by the Government to make a scientific examination or analysis, the Court shall, if it thinks fit, require the person who made such report or document to attend and give evidence, and the Court may, if it thinks fit, put such questions to him as it thinks fit, and such person shall be liable to be cross-examined by the parties.”
2. Explain it
- This section empowers the court to call upon the government scientific expert to attend and give evidence, if the court deems it necessary.
- The court may also question the expert about the report or document submitted.
- This gives the parties involved in the case the opportunity to cross-examine the expert.
- This ensures the accuracy and reliability of the scientific evidence presented in court.
3. Illustrate it
In a murder case, the prosecution may submit a forensic report from the government laboratory. The defense lawyer may doubt the findings of the report and request the court to call the forensic scientist who prepared the report. The court, under Section 293, can call the scientist to the court to give evidence and answer questions from both sides. This ensures transparency and allows for challenging the evidence presented.
4. Common Questions and Answers
Q: What is the purpose of Section 293?
A: This section ensures the scientific evidence submitted in court is accurate and reliable by allowing for questioning and cross-examination of the expert.
Q: Can the court refuse to call the expert?
A: Yes, the court can choose not to call the expert if it deems it unnecessary.
Q: Who can cross-examine the expert?
A: Both the prosecution and defense lawyers can cross-examine the expert.
