Section 329 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 329 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the admissibility and procedures related to reports submitted by certain government scientific experts in criminal proceedings. This provision streamlines the use of scientific analyses in court, enhancing efficiency and reducing delays.(
🧾 Section 329: Reports of Certain Government Scientific Experts
1. Admissibility of Expert Reports
Any document purporting to be a report under the hand of a government scientific expert—such as a Chemical Examiner, Forensic Laboratory Director, or Serologist—may be used as evidence in any inquiry, trial, or other proceeding under this Sanhita. This is contingent upon the matter being duly submitted to the expert for examination or analysis in the course of the proceeding.
2. Court's Discretion to Summon Experts
The court retains the discretion to summon and examine any such expert regarding the subject matter of their report. This ensures that the court can seek clarification or further information if necessary
3. Procedure When Expert Cannot Attend
If an expert is summoned by the court and is unable to attend personally, they may, unless the court has expressly directed personal attendance, depute any responsible officer working with them to attend the court. The deputed officer must be conversant with the facts of the case and capable of satisfactorily deposing in court on the expert's behalf.
4. List of Applicable Government Scientific Experts
This section applies to the following government scientific experts:
Chemical Examiner or Assistant Chemical Examiner to the Government
Chief Controller of Explosives
Director of the Finger Print Bureau
Director, Haffkine Institute, Bombay
Director, Deputy Director, or Assistant Director of a Central or State Forensic Science Laboratory
Serologist to the Government
Any other scientific expert specified or certified by notification by the State or Central Government for this purpose
⚖️ Legal Context
This provision aligns with the Indian Evidence Act, 2023, particularly Sections 129 and 130, which govern the admissibility of expert evidence. Section 329 of the BNSS complements these provisions by detailing the procedures for utilizing reports from specific government scientific experts in criminal proceedings.(
🔍 Practical Implications
Efficiency in Legal Proceedings: By allowing expert reports to be admitted without the expert's physical presence, the court can expedite proceedings, especially in cases involving technical analyses.
Flexibility in Expert Testimony: The provision for deputing a responsible officer ensures that the absence of the primary expert does not hinder the progress of the case.
Enhanced Admissibility of Scientific Evidence: This section broadens the scope of admissible scientific evidence, encompassing a range of experts whose analyses can be pivotal in criminal cases.
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