BNSS Section 336: Evidence of public servants, experts, police officers in certain cases
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 25: EVIDENCE IN INQUIRIES AND TRIALS (A.—Mode of taking and recording evidence, B.—Commissions for the examination of witnesses)
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336. Where any document or report prepared by a public servant, scientific expert or medical officer is purported to be used as evidence in any inquiry, trial or other proceeding under this Sanhita, and—
(i) such public servant, expert or officer is either transferred, retired, or died; or
(ii) such public servant, expert or officer cannot be found or is incapable of giving deposition; or
(iii) securing presence of such public servant, expert or officer is likely to cause delay in holding the inquiry, trial or other proceeding, the Court shall secure presence of successor officer of such public servant, expert, or officer who is holding that post at the time of such deposition to give deposition on such document or report:
Provided that no public servant, scientific expert or medical officer shall be called to appear before the Court unless the report of such public servant, scientific expert or medical officer is disputed by any of the parties of the trial or other proceedings: Provided further that the deposition of such successor public servant, expert or officer may be allowed through audio-video electronic means.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 307. Language of Courts
- 308. Evidence to be taken in presence of accused
- 309. Record in summons-cases and inquiries
- 310. Record in warrant-cases
- 311. Record in trial before Court of Session
- 312. Language of record of evidence
- 313. Procedure in regard to such evidence when completed
- 314. Interpretation of evidence to accused or his advocate
- 315. Remarks respecting demeanour of witness
- 316. Record of examination of accused
- 317. Interpreter to be bound to interpret truthfully
- 318. Record in High Court
- 319. When attendance of witness may be dispensed with and commission issued
- 320. Commission to whom to be issued
- 321. Execution of commissions
- 322. Parties may examine witnesses
- 323. Return of commission
- 324. Adjournment of proceeding
- 325. Execution of foreign commissions
- 326. Deposition of medical witness
- 327. Identification report of Magistrate
- 328. Evidence of officers of Mint
- 329. Reports of certain Government scientific experts
- 330. No formal proof of certain documents
- 331. Affidavit in proof of conduct of public servants
- 332. Evidence of formal character on affidavit
- 333. Authorities before whom affidavits may be sworn
- 334. Previous conviction or acquittal how proved
- 335. Record of evidence in absence of accused