Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 330: No Formal Proof of Certain Documents
(1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused or the advocate for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document soon after supply of such documents and in no case later than thirty days after such supply: Provided that the Court may, in its discretion, relax the time limit with reasons to be recorded in writing: Provided further that no expert shall be called to appear before the Court unless the report of such expert is disputed by any of the parties to the trial.
(2) The list of documents shall be in such form as the State Government may, by rules, provide.
(3) Where the genuineness of any document is not disputed, such document may be read in evidence in inquiry, trial or other proceeding under this Sanhita without proof of the signature of the person by whom it purports to be signed: Provided that the Court may, in its discretion, require such signature to be proved.
Brefe Detail
Section 330 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedures related to the admission and proof of documents in court. It specifies the requirements for the prosecution and the accused to acknowledge the authenticity of documents and establishes conditions under which documents can be admitted without formal proof.
Question & Answers
Q1: What must be included when a document is filed in court?
A1: The particulars of every document must be included in a list.
Q2: How long do parties have to admit or deny the genuineness of documents?
A2: They must do so soon after the supply of documents and in no case later than thirty days after such supply.
Q3: Can the Court extend the time limit for admitting or denying documents?
A3: Yes, the Court may relax the time limit at its discretion, with reasons recorded in writing.
Q4: Under what condition can an expert be called to court?
A4: An expert may be called only if their report is disputed by any of the parties to the trial.
Q5: What happens if the genuineness of a document is not disputed?
A5: Such a document may be read in evidence without proof of the signature of the person who signed it.
Example
1. If a prosecution submits a document to the court, they must provide a list of all documents, and the defense has thirty days to dispute any document's authenticity.
2. If both parties agree on the authenticity of a document, it can be accepted as evidence without needing to prove the signature.
Summary
Section 330 of the Bharatiya Nagarik Suraksha Sanhita, 2023, streamlines the process of admitting documents in court by requiring parties to acknowledge their genuineness within a specified timeframe. It allows documents to be used as evidence without formal proof if not disputed, while also granting the Court discretion to relax timelines and call experts only when necessary.
