What Is BNSS Section 328?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 328: Evidence of Officers of the Mint

(1) Any document purporting to be a report under the hand of any such officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the officer of the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic Science Laboratory or any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents as the Central Government may, by notification, specify in this behalf, 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, although such officer is not called as a witness.

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

Provided that no such officer shall be summoned to produce any records on which the report is based.

(3) 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 General Manager or any officer in charge of any Mint or of any Note Printing Press or of any Security Printing Press or of any Forensic Department or any officer in charge of the Forensic Science Laboratory or of the Government Examiner of Questioned Documents Organisation or of the State Examiner of Questioned Documents Organisation, as the case may be, be permitted—

• (a) to give any evidence derived from any unpublished official records on which the report is based; or
• (b) to disclose the nature or particulars of any test applied by him in the course of the examination of the matter or thing.

Brefe Detail

Section 328 of the Bharatiya Nagarik Suraksha Sanhita, 2023, addresses the admissibility of reports from officers of various governmental departments, including Mints and Forensic Laboratories, as evidence in legal proceedings. It stipulates conditions under which these reports can be used and outlines the limitations on the disclosure of sensitive information.

Question & Answers

Q1: What type of document can be used as evidence under Section 328?

A1: Any document purporting to be a report from an officer of a Mint, Note Printing Press, Security Printing Press, or relevant forensic departments.

Q2: Can the officer who prepared the report be called as a witness?

A2: No, the report can be used as evidence even if the officer is not called as a witness.

Q3: What can the Court do regarding the officers' reports?

A3: The Court may summon and examine any such officer concerning the subject matter of the report, but cannot require them to produce the records on which the report is based.

Q4: What restrictions are placed on the officers regarding unpublished records?

A4: Officers cannot give evidence from unpublished official records or disclose the particulars of any tests conducted without the appropriate permissions.

Example

1. An officer from a Mint submits a report on counterfeit currency. This report can be presented in court without the officer's testimony.

2. If the report includes details derived from unpublished records, the officer must have permission from the relevant authority to disclose that information.

Summary

Section 328 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows for the use of reports from Mint and forensic officers as evidence in legal proceedings while placing restrictions on the disclosure of sensitive information. It enables the Court to summon these officers for examination but protects unpublished records from being disclosed without permission.