Section 336 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Certainly! Here's Section 336 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 explained in English:
Section 336 of the BNSS, 2023
Overview:
Section 336 of the BNSS, 2023, deals with the admissibility and examination of documents or reports prepared by government officials, scientific experts, medical officers, or police officers in legal proceedings. It provides a solution for situations where the original official who prepared the document is unavailable due to reasons such as transfer, retirement, death, or inability to testify.
Key Provisions:
Validity of Documents or Reports:
If a document or report is prepared by a government official, scientific expert, medical officer, or police officer who is no longer available (because of transfer, retirement, death, or other reasons), the court may accept evidence from the current officer holding that position regarding that document or report.
No Dispute Clause:
If no party contests the report or document, the current officer may not be required to appear in court.
Use of Audio-Visual Means:
The testimony or evidence of the successor officer may be recorded through audio-video electronic means, which saves time and adds flexibility to the legal process.
Illustrative Example:
Scenario: In a murder case, the post-mortem report was prepared by a particular police officer who has since been transferred or is unavailable.
Application: The court may accept evidence regarding that report from the officer currently holding that position without delaying the proceedings.
Conclusion:
Section 336 ensures efficiency and continuity in judicial proceedings by allowing evidence from government officials and experts to be presented timely, even if the original person who prepared the documents or reports is not available. This provision helps avoid unnecessary delays and maintains the smooth functioning of the legal system.
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