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THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 331 – BNSS | Affidavit in proof of conduct of public servants.

Section 331 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 331 – BNSS | Affidavit in proof of conduct of public servants. When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Sanhita, and allegations are made therein respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 330 – BNSS | No formal proof of certain documents.

Section 330 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 330 – BNSS | No formal proof of certain documents. (1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused or the advocate for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document soon after supply of such documents and in no case later than thirty days after such supply:Provided that the Court may, in its discretion, relax the time limit with reasons to be recorded in writing:Provided further that no expert shall be called to appear before the Court unless the report of such expert is disputed by any of the parties to the trial.(2) The list of documents shall be in such form as the State Government may, by rules, provide.(3) Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Sanhita without proof of the signature of the person by whom it purports to be signed: Provided that the Court may, in its discretion, require such signature to be proved

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 329 – BNSS | Reports of certain Government scientific experts.

Section 329 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 329 – BNSS | Reports of certain Government scientific experts. (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 Sanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita.(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:—(a) any Chemical Examiner or Assistant Chemical Examiner to Government;(b) the Chief Controller of Explosives;(c) the Director of the Finger Print Bureau;(d) the Director, Haffkeine Institute, Bombay;(e) the Director, Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory;(f) the Serologist to the Government;(g) any other scientific expert specified or certified, by notification, by the State Government or the Central Government for this purpose

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 328 – BNSS | Evidence of officers of Mint.

Section 328 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 328 – BNSS | Evidence of officers of Mint. (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 forexamination 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

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 327 – BNSS | Identification report of Magistrate.

Section 327 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 327 – BNSS | Identification report of Magistrate. (1) Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this Sanhita, although such Magistrate is not called as a witness: Provided that where such report contains a statement of any suspect or witness to which the provisions of section 19, section 26, section 27, section 158 or section 160 of the Bharatiya Sakshya Adhiniyam, 2023, apply, such statement shall not be used under this sub-section except in accordance with the provisions of those sections.(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject-matter of the said report

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 326 – BNSS | Deposition of medical witness

Section 326 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 326 – BNSS | Deposition of medical witness (1) The deposition of a civil surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused, or taken on commission under this Chapter, may be given in evidence in any inquiry, trial or other proceeding under this Sanhita, although the deponent is not called as a witness.(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such deponent as to the subject-matter of his deposition.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 325 – BNSS | Execution of foreign commissions.

Section 325 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 325 – BNSS | Execution of foreign commissions. (1) The provisions of section 321 and so much of section 322 and section 323 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 319. (2) The Courts, Judges and Magistrates referred to in sub-section (1) are— (a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Sanhita does not extend, as the Central Government may, by notification, specify in this behalf; (b) any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority, under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 323 – BNSS | Return of commission.

Section 323 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 323 – BNSS | Return of commission. (1) After any commission issued under section 319 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record.(2) Any deposition so taken, if it satisfies the conditions specified by section 27 of the Bharatiya Sakshya Adhiniyam, 2023, may also be received in evidence at any subsequent stage of the case before another Court.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 322 – BNSS | Parties may examine witnesses.

Section 322 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 322 – BNSS | Parties may examine witnesses. (1) The parties to any proceeding under this Sanhita in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the commission, is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories.(2) Any such party may appear before such Magistrate, Court or Officer by an advocate, or if not in custody, in person, and may examine, cross-examine and re-examine the said witness.

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