Section 329 BNSS: Reports of Certain Government Scientific Experts
Section 329 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the evidentiary use of reports signed by specified Government scientific experts. It allows qualifying expert reports to be used as evidence in an inquiry, trial or other proceeding under the BNSS, while preserving the Court's power to summon and examine the expert.
Section 329 BNSS at a glance
- A qualifying Government scientific expert report may be used as evidence in proceedings under the BNSS.
- The Court may summon and examine the expert about the subject matter of the report.
- If the summoned expert cannot attend personally, a responsible officer may attend in the circumstances permitted by sub-section (3).
- Sub-section (4) identifies the categories of Government scientific experts covered by the provision.
Meaning and legal effect of Section 329
The provision creates a statutory route for specified Government scientific reports to be received and used as evidence without requiring the expert to be called in every case. The report must purport to be under the hand of a Government scientific expert covered by the section and must relate to a matter or thing duly submitted to that expert for examination or analysis and report during a proceeding under the BNSS.
Use of the report as evidence does not remove judicial control over expert testimony. Under sub-section (2), the Court may summon and examine the expert regarding the subject matter of the report. Sub-section (3) further deals with the situation in which a summoned expert is unable to attend personally and permits, unless personal appearance has been expressly directed, a responsible officer working with the expert to attend if that officer knows the facts and can satisfactorily depose on the expert's behalf.
Statutory text of Section 329 BNSS
329. 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:-
- any Chemical Examiner or Assistant Chemical Examiner to Government;
- the Chief Controller of Explosives;
- the Director of the Finger Print Bureau;
- the Director, Haffkeine Institute, Bombay;
- the Director, Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory;
- the Serologist to the Government;
- any other scientific expert specified or certified, by notification, by the State Government or the Central Government for this purpose.
Government scientific experts covered by Section 329
The section expressly covers Chemical Examiners, the Chief Controller of Explosives, the Director of the Finger Print Bureau, the Director of the Haffkeine Institute, specified directors and assistant directors of Central or State Forensic Science Laboratories, the Serologist to the Government, and any other scientific expert specified or certified by the appropriate Government through notification.
Can the Court require the expert to appear?
Yes. Even though the report may be used as evidence, sub-section (2) gives the Court discretion to summon and examine the scientific expert. If the Court expressly directs personal appearance, the substitution mechanism in sub-section (3) does not override that direction.
Relationship with Section 330 BNSS
Section 330, which immediately follows Section 329, deals with formal proof of certain documents and contains a specific proviso concerning when an expert should be called to appear if an expert report is disputed. The two provisions should therefore be read together when the evidentiary treatment of an expert report is in issue.
Related BNSS provisions
For connected provisions, see Section 328 - Evidence of officers of Mint and Section 330 - No formal proof of certain documents.