Section 328 BNSS: Evidence of Officers of Mint

Section 328 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the evidentiary use of specified official reports from Mint, note-printing, security-printing, forensic and questioned-document authorities. It permits qualifying reports to be used in a criminal inquiry, trial or other proceeding even when the officer who signed the report is not initially called as a witness.

Text of Section 328 BNSS

What Section 328 means

The provision creates a statutory route for specified official expert reports to be read in evidence without requiring the reporting officer to appear in court in every case. The purpose is procedural efficiency: where a qualifying report has been prepared in the course of proceedings under the BNSS, the report itself may be used as evidence subject to the safeguards written into the section.

1. Reports that may be used without first calling the officer

Sub-section (1) covers reports signed by a gazetted officer of a Mint, Note Printing Press, Security Printing Press, the Controller of Stamps and Stationery, specified forensic departments or divisions, and specified Government or State Examiners of Questioned Documents. The Central Government may specify the relevant questioned-document examiners by notification.

2. Court can summon and examine the officer

Under sub-section (2), the Court retains power to summon the officer and examine the officer on the subject matter of the report. The section therefore does not make the report immune from judicial scrutiny merely because it can initially be used without oral evidence from its author.

3. Underlying records are protected

The proviso to sub-section (2) says that the officer cannot be summoned to produce the records on which the report is based. This is reinforced by sub-section (3), which restricts disclosure of unpublished official records and details of tests unless permission is obtained from the competent authority identified in the section.

4. Link with Sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023

Section 328(3) expressly operates without prejudice to Sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023. Section 129 concerns evidence derived from unpublished official records relating to affairs of State and requires permission of the head of the department. Section 130 protects official communications where disclosure would, in the opinion of the public officer concerned, harm public interest.

Practical effect of Section 328

• A qualifying official report can be used as evidence even if the reporting officer is not initially called as a witness.
• The Court may still summon the officer to answer questions about the report.
• The officer cannot be compelled under this section to produce the underlying records on which the report is based.
• Disclosure of unpublished official records or details of tests is controlled and ordinarily requires permission from the competent authority named in sub-section (3).
• The provision must be read together with the evidentiary protections in Sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023.

Related BNSS provisions

Section 328 forms part of a group of provisions dealing with documentary and expert evidence. The immediately preceding provision is Section 327 - Identification report of Magistrate. It is followed by Section 329 - Reports of certain Government scientific experts and Section 330 - No formal proof of certain documents.