In the realm of forensic science and legal proceedings, the manner in which evidence is presented and utilized in court is of paramount importance. The Bharatiya Nagarik Suraksha Sanhita (BNSS) provides a structured framework for the admissibility and treatment of scientific evidence and formal documents in legal contexts. Sections 329 to 332 of the BNSS specifically outline the procedures for using reports from government scientific experts and the admissibility of documents and affidavits in court. Let’s delve into these sections to understand their implications and significance.
Section 329: Use of Reports from Government Scientific Experts
1. Admissibility of Reports
Section 329(1) states that any document purporting to be a report under the hand of a Government scientific expert, which is duly submitted for examination or analysis, can be used as evidence in any legal proceeding under the BNSS. This provision simplifies the process of introducing scientific reports into evidence, ensuring that analyses conducted by recognized experts can be directly used in court.
2. Summoning Experts
Section 329(2) grants the court the authority to summon the expert who authored the report. This is crucial as it allows the court to directly question the expert on the report's contents, thereby clarifying any ambiguities and ensuring the accuracy and reliability of the evidence presented.
3. Deputing Representatives
According to Section 329(3), if an expert is unable to attend the court, they can depute a responsible officer familiar with the case facts to testify on their behalf. This ensures that the absence of an expert does not hinder the judicial process, provided that the court has not expressly required the expert’s personal presence.
4. Applicability
Section 329(4) lists the types of government scientific experts whose reports are admissible under this section. These include:
- Chemical Examiners and Assistant Chemical Examiners
- The Chief Controller of Explosives
- The Director of the Finger Print Bureau
- The Director of the Haffkeine Institute, Bombay
- Directors, Deputy Directors, or Assistant Directors of Central or State Forensic Science Laboratories
- Government Serologists
- Any other scientific experts specified by the State or Central Government
This comprehensive list ensures that a wide range of scientific expertise is available for judicial scrutiny.
Section 330: Admissibility and Genuineness of Documents
1. Document Filing and Admission
Section 330(1) mandates that when documents are filed by either the prosecution or the accused, their particulars must be listed, and the opposing party must be called upon to admit or deny their genuineness within thirty days of supply. This provision ensures that there is no undue delay in the judicial process and that the authenticity of documents is promptly verified.
The section also includes a provision that no expert shall be called to court unless their report is disputed by any party. This avoids unnecessary summoning of experts and streamlines the process.
2. Form of List
Section 330(2) specifies that the format of the document list is to be determined by rules provided by the State Government. This ensures uniformity and clarity in the documentation process.
3. Reading Documents in Evidence
Section 330(3) states that if the genuineness of a document is not disputed, it may be read as evidence without requiring proof of the signature of the person who signed it. However, the court retains the discretion to require such proof if deemed necessary. This provision balances efficiency with the need for authenticity.
Section 331: Evidence by Affidavit for Allegations Against Public Servants
Section 331 allows for the submission of evidence via affidavit when allegations are made against a public servant in court proceedings. This method can expedite the process and provide a straightforward way to present facts. The court has the discretion to order that evidence be given by affidavit, ensuring flexibility in handling such cases.
Section 332: Use of Affidavits for Formal Evidence
1. Formal Evidence by Affidavit
Section 332(1) permits evidence of a formal character to be given by affidavit, which can be read in court, subject to exceptions. This is particularly useful for straightforward, factual testimonies that do not require the presence of the witness.
2. Summoning Affidavit Authors
Section 332(2) ensures that the court can summon the person who gave the affidavit for examination, either on its own motion or upon request by the prosecution or the accused to verify the facts in the affidavit. This provision ensures that the affidavit's contents can be scrutinized and verified as needed.
Conclusion
Sections 329 to 332 of the Bharatiya Nagarik Suraksha Sanhita provide a robust framework for the use of scientific reports, documents, and affidavits in court proceedings. By facilitating the admissibility of expert reports and formal documents, these sections enhance the efficiency and reliability of the judicial process. They ensure that scientific evidence is given due consideration while maintaining flexibility and procedural integrity. For forensic experts and legal practitioners, understanding these provisions is essential for the effective presentation and examination of evidence in the pursuit of justice.
