What Is BNSS Section 329?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 329: Reports of Certain Government Scientific Experts

(1) Any document purporting to be a report under the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis 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.

(2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report.

(3) Where any such expert is summoned by a Court, and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf.

(4) This section applies to the following Government scientific experts, namely:

• (a) any Chemical Examiner or Assistant Chemical Examiner to Government;
• (b) the Chief Controller of Explosives;
• (c) the Director of the Finger Print Bureau;
• (d) the Director, Haffkeine Institute, Bombay;
• (e) the Director, Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory;
• (f) the Serologist to the Government;
• (g) any other scientific expert specified or certified, by notification, by the State Government or the Central Government for this purpose.

Brefe Detail

Section 329 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the admissibility of reports from Government scientific experts as evidence in legal proceedings. It specifies the conditions under which these experts can be summoned and details the types of experts to whom this section applies.

Question & Answers

Q1: What type of document can be used as evidence under Section 329?

A1: Any document purporting to be a report from a Government scientific expert regarding a matter submitted for examination or analysis.

Q2: Can the Court summon these experts?

A2: Yes, the Court may summon and examine any such expert regarding the subject matter of the report.

Q3: What happens if an expert cannot attend the Court in person?

A3: The expert may depute a responsible officer who is familiar with the facts of the case to attend the Court on their behalf, unless the Court has specifically directed personal attendance.

Q4: Who qualifies as a Government scientific expert under this section?

A4: This section applies to various experts, including Chemical Examiners, the Chief Controller of Explosives, the Director of the Finger Print Bureau, and others specified by the State or Central Government.

Example

1. A Chemical Examiner submits a report on a substance analyzed in a criminal case. This report can be presented as evidence in court.

2. If the Chemical Examiner is unable to attend the hearing, they can send an Assistant Chemical Examiner who is familiar with the case to testify.

Summary

Section 329 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows for the use of reports from designated Government scientific experts as evidence in legal proceedings. It provides the Court with the authority to summon these experts and outlines provisions for representation if they cannot attend personally. The section specifies various types of experts who fall under its purview.