Section 327 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 328 of the Bharatiya Sakshya Adhiniyam (BSA), 2023 pertains to the admissibility of reports prepared by designated officers from institutions such as Mints, Note Printing Presses, Security Printing Presses, and Forensic Departments. Here's a detailed overview:
🧾 Section 328 – Evidence of Officers of Mint
1. Admissibility of Reports:
Reports prepared by gazetted officers from Mints, Note Printing Presses, Security Printing Presses (including the Controller of Stamps and Stationery), Forensic Departments, Forensic Science Laboratories, Government Examiners of Questioned Documents, and State Examiners of Questioned Documents (as specified by the Central Government) may be used as evidence in any inquiry, trial, or other proceeding under this Act, even if the officer is not called as a witness. (apnilaw.com)
2. Summoning of Officers:
The court may summon and examine any such officer regarding the subject-matter of their report. However, the officer shall not be summoned to produce any records on which the report is based. (jurisquest.com)
3. Restrictions on Disclosure:
Without prejudice to Sections 129 and 130 of the BSA, 2023, no such officer shall, except with the permission of the appropriate authority (e.g., General Manager of a Mint or officer in charge of a Forensic Department), be permitted to:(vidhiadda.com)
Give any evidence derived from unpublished official records on which the report is based.(vidhiadda.com)
Disclose the nature or particulars of any test applied during the examination of the matter or thing. (mynation.net)
⚖️ Implications and Applications
Admissibility Without Personal Testimony: This provision allows for the inclusion of specialized reports as evidence without requiring the personal testimony of the officers who prepared them, streamlining legal proceedings.
Protection of Sensitive Information: By restricting the disclosure of unpublished records and specific test details, the section safeguards sensitive information and maintains the integrity of official processes.
Court's Discretion: While the court can summon the officer for examination, it cannot compel the production of underlying records, ensuring a balance between transparency and confidentiality.
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