Evidence of public servants, experts, police officers in certain cases
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Summary
When a document or report by a public servant, scientific expert, or medical officer is to be used as evidence but the original author is unavailable (transferred, retired, dead), cannot be found, is incapable, or producing them would delay the proceeding, the court must obtain deposition from the successor officer holding that post. No official is to be called unless a party disputes the report. The successor may give deposition by audio-video electronic means.
Example
Priya files an FIR and the prosecution wants to rely on a hospital medical officer's report. The officer who prepared the report has retired, so the court calls the current medical officer in that post to depose about the report. Because the defence disputes the report, the successor gives testimony by audio-video link.
Bare Act
Enacted textWhere 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.
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