Section 330 BNSS: No Formal Proof of Certain Documents

Section 330 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a procedure for admitting or denying the genuineness of documents filed in criminal proceedings and can dispense with formal proof where genuineness is not disputed.

Updated: 11 September 2026 | BNSS Act No. 46 of 2023 | In force from 1 July 2024

In brief: documents filed by the prosecution or accused must be listed; the parties are ordinarily required to admit or deny genuineness within 30 days after supply; the Court may relax that period for recorded reasons; an expert ordinarily need not appear unless the expert report is disputed; and an undisputed document may be read in evidence without formal proof of the signature, subject to the Court's discretion.

What Section 330 BNSS provides

Section 330 is part of the BNSS provisions dealing with evidence in inquiries and trials. Its purpose is procedural: where the genuineness of a document is not genuinely in dispute, the provision permits the criminal court to avoid unnecessary formal proof while preserving judicial discretion to require proof where appropriate.

Section 330(1): When a document is filed before a Court by the prosecution or the accused, the particulars of that document must be included in a list. The prosecution, accused, or their advocate must be called upon to admit or deny the genuineness of each document soon after the documents are supplied and, ordinarily, not later than 30 days after supply.

First proviso: The Court may relax the 30-day time limit, but reasons must be recorded in writing.

Second proviso: An expert is not to be called to appear before the Court unless a party to the trial disputes the expert's report.

Section 330(2): The list of documents is to be in the form provided by rules made by the State Government.

Section 330(3): If the genuineness of a document is not disputed, it may be read in evidence in an inquiry, trial, or other proceeding under the BNSS without proof of the signature of the person by whom it purports to be signed. The Court may still require the signature to be proved.

Key requirements under Section 330

Meaning of "no formal proof"

The expression does not mean that every filed document automatically proves itself. Section 330 operates where the genuineness of a document is not disputed. In that situation, the law permits the document to be read in evidence without requiring the usual formal proof of the signature. The Court nevertheless retains discretion to require the signature to be proved.

Admission of genuineness and evidentiary effect

An admission under Section 330 is directed to the genuineness of the document. The precise evidentiary value of a document and the conclusions that may be drawn from it remain matters for the Court in accordance with the applicable law of evidence and the facts of the case. Section 330 is therefore primarily a mechanism for removing avoidable proof of documents whose genuineness is not contested.

Expert reports under Section 330

A specific feature of the BNSS text is the second proviso to Section 330(1): an expert is not to be called to appear before the Court unless the expert's report is disputed by a party to the trial. This is intended to avoid routine summoning of an expert where the report itself is accepted, while keeping the opportunity to contest the report where a party disputes it.

Section 330 BNSS and former Section 294 CrPC

Section 330 BNSS corresponds broadly to Section 294 of the Code of Criminal Procedure, 1973, which also dealt with dispensing with formal proof of undisputed documents. The BNSS provision, however, expressly introduces the 30-day timeline for admission or denial, enables the Court to relax that period for reasons recorded in writing, and expressly addresses the summoning of an expert whose report is disputed.

Point Section 330 BNSS Former Section 294 CrPC
Admission or denial of genuineness Expressly required Required
Specific 30-day period Yes, subject to relaxation by Court for recorded reasons No equivalent 30-day wording in Section 294
Expert appearance Expert not to be called unless the report is disputed No equivalent proviso in Section 294
Undisputed document May be read in evidence without formal proof of signature, subject to Court's discretion Broadly similar mechanism

Practical significance

In practice, Section 330 can narrow the issues that require proof. A party should carefully examine every listed document before admitting or denying genuineness. If genuineness is disputed, the dispute should be made clear within the statutory process. If additional time is required, an application may be made to the Court, which can relax the time limit by recording reasons.

Note: The applicable procedural regime can depend on the date and nature of the proceeding and on the BNSS commencement and saving provisions. State rules may also prescribe the form of the list referred to in Section 330(2). For case-specific use, the current statutory text, applicable rules, and judicial orders should be checked.

Official statutory sources

The current text and commencement information may be verified from India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws. The Central Government appointed 1 July 2024 as the commencement date for the BNSS provisions covered by the commencement notification.

Related BNSS provisions

For nearby provisions governing documentary and expert material, see Section 329 BNSS - Reports of certain Government scientific experts. The succeeding provision is Section 331 BNSS - Affidavit in proof of conduct of public servants.

This page is an informational explanation of Section 330 BNSS and is not a substitute for legal advice in a particular case.