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BNSS, 2023
Start Practicing
BNSSChapter XXVSection 328
Section328

Evidence of officers of Mint

AI Assist

Summary

Signed reports by a gazetted officer of a Mint, Note Printing Press, Security Printing Press, Controller of Stamps and Stationery, Forensic Department or an authorised Examiner of Questioned Documents can be used as evidence in any proceeding under this Sanhita even if the officer is not called to testify. The court may, if it thinks fit, summon that officer to be examined about the report, but cannot compel production of the records on which the report is based. The officer cannot disclose unpublished official records or the particulars of tests applied without permission from the General Manager or the officer in charge.

Example

Priya files an FIR about suspected counterfeit notes and the Forensic Science Laboratory sends a signed examination report. That report may be admitted as evidence at trial even if the lab officer does not appear. The court can summon the officer to explain the report, but the officer cannot be forced to hand over the lab records or disclose unpublished test details without the General Manager’s permission.

Bare Act

Enacted text

(1) Any document purporting to be a report under the hand of a gazetted 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 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.

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XXV

Chapter XXV

Evidence in Inquiries and Trials

In this chapter

  • 307Language of Courts
  • 308Evidence to be taken in presence of accused
  • 309Record in summonscases and inquiries
  • 310Record in warrant-cases
  • 311Record in trial before Court of Session
  • 312Language of record of evidence
  • 313Procedure in regard to such evidence when completed
  • 314Interpretation of evidence to accused or his advocate
  • 315Remarks Respecting demeanour of witness
  • 316Record of Examination of accused
  • 317Interpreter to be bound to interpret truthfully
  • 318Record in High Court
  • 319When attendance of witness may be dispensed with and commission issued
  • 320Commission to whom to be issued
  • 321Execution of commissions
  • 322Parties may examine witnesses
  • 323Return of commission
  • 324Adjournment of proceeding
  • 325Execution of Foreign commissions
  • 326Deposition of Medical witness
  • 327Identification report of Magistrate
  • 328Evidence of officers of Mint
  • 329Reports of Certain Government Scientific experts
  • 330No formal proof of certain documents
  • 331Affidavit in proof of conduct of public servants
  • 332Evidence of formal character on affidavit
  • 333Authorities before whom affidavits may be sworn
  • 334Previous conviction or acquittal how proved
  • 335Record of evidence in absence of accused
  • 336Evidence of public servants, experts, police officers in certain cases
Previous · Section 327Identification report of MagistrateNext · Section 329Reports of Certain Government Scientific experts