Section 328 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 328 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the admissibility of expert reports in criminal proceedings, specifically those prepared by designated officers from mints, note printing presses, security printing presses, forensic departments, and government examiners of questioned documents. This provision facilitates the use of such reports as evidence without the necessity of the officer's personal testimony, streamlining the judicial process.
📜 Text of Section 328
328. Evidence of officers of Mint
Admissibility of Expert Reports: Any document purporting to be a report under the hand of a gazetted officer of any Mint, Note Printing Press, Security Printing Press (including the officer of the Controller of Stamps and Stationery), Forensic Department or Division of Forensic Science Laboratory, or any Government or State Examiner of Questioned Documents, as specified by the Central Government, 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, even if such officer is not called as a witness.
Summoning of Officer: The Court may, if it deems fit, summon and examine any such officer regarding the subject-matter of his report; however, no such officer shall be summoned to produce any records on which the report is based.
Restrictions on Disclosure: Without prejudice to the provisions of sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023, no such officer shall, except with the permission of the relevant authority (e.g., General Manager of a Mint or officer in charge of a Forensic Department), be permitted to
Give any evidence derived from unpublished official records on which the report is based;
Disclose the nature or particulars of any test applied by him in the course of the examination of the matter or thing.
⚖️ Legal Context
Section 328 of the BNSS, 2023 is analogous to Section 292 of the Indian Criminal Procedure Code (Cr.P.C.), 1973, which similarly allows for the admissibility of reports from certain government officers as evidence in criminal proceedings. This provision aims to expedite the judicial process by permitting the use of expert reports without the necessity of the expert's physical presence in court, while also safeguarding sensitive information.
🧭 Practical Implications
Efficiency in Legal Proceedings: By allowing expert reports to be admitted without the need for the officer's testimony, Section 328 streamlines the judicial process, reducing delays and resource expenditure.
Protection of Sensitive Information: The restrictions on disclosing unpublished official records and test particulars help maintain the confidentiality of sensitive information, balancing transparency with security.
Discretion of the Court: The court retains the discretion to summon the officer for examination if it deems necessary, ensuring that the rights of the accused are protected and that justice is served.
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