Reports of certain Government scientific experts
AI Assist
Summary
Reports signed by specified Government scientific experts on material sent to them in criminal proceedings are admissible as evidence. The court may summon the expert to give evidence, and if the expert cannot attend it can permit a responsible colleague to appear unless personal attendance is expressly required. The rule covers designated government forensic posts and any others notified by the Central Government.
Example
Priya gives a blood-stained cloth from a theft scene to police, who send it to the Government serologist. The serologist’s signed report is produced at trial and admitted as evidence. The court summons the expert, but when she cannot attend the lab’s responsible officer appears and testifies on her behalf because personal attendance was not ordered.
Bare Act
Enacted text(1) Any document purporting to be a report under the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code.
(2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report.
(3) Where any such expert is summoned by a Court and he is unable to attend personally, he may unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf.
(4) This section applies to the following Government scientific experts, namely:-
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(a) any Chemical Examiner or Assistant Chemical Examiner to Government;
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(b) the Chief Inspector of Explosives;
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(c) the Director of the Finger Print Bureau;
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(d) the Director, Haffkeine Institute, Bombay;
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(e) the Director 1 [Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State forensic Science Laboratory;
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(f) the Serologist to the Government.
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(g) any other Government scientific Expert specified by notification by the Central Government for this purpose.
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