Section 328 BNSS: Evidence of officers of Mint
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 328 BNSS at a Glance
Section 328 BNSS deals with evidence of officers of Mint. It replaced Section 292 CrPC on 1 July 2024.
Section 328 BNSS Bare Act Text
(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 for examination 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(a) to give any evidence derived from any unpublished official records on which the report is based; or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.
Source: Section 328, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 328 BNSS in Simple Words
Section 328 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that any document purporting to be a report under the hand of a gazetted officer of any Mint, any Note Printing Press, any Security Printing Press, including the officer of the Controller of Stamps and Stationery, any Forensic Department or Division of Forensic Science Laboratory, any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents as the Central Government may, by notification, specify in this behalf, may be used as evidence in any inquiry, trial or other proceeding under the Sanhita, although such officer is not called as a witness.
Under Section 328(2) BNSS, the Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of the report.
Section 328(3) BNSS deals with the permission needed before any such officer is permitted to give any evidence derived from any unpublished official records on which the report is based, or to disclose the nature or particulars of any test applied.
When Section 328 BNSS Applies
- Under Section 328(1) BNSS, any document purporting to be a report under the hand of a gazetted officer of any Mint, any Note Printing Press, any Security Printing Press, including the officer of the Controller of Stamps and Stationery, any Forensic Department or Division of Forensic Science Laboratory, any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents as the Central Government may, by notification, specify in this behalf.
- Under Section 328(1) BNSS, the report, upon any matter or thing duly submitted to the officer for examination and report in the course of any proceeding under the Sanhita, may be used as evidence in any inquiry, trial or other proceeding under the Sanhita, although such officer is not called as a witness.
- Under Section 328(2) BNSS, the Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of the report.
- The proviso to Section 328(2) BNSS says no such officer shall be summoned to produce any records on which the report is based.
- Under Section 328(3) BNSS, without prejudice to 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 named in Section 328(3) BNSS, be permitted to give the evidence or make the disclosure described in Section 328(3)(a) BNSS and Section 328(3)(b) BNSS.
- Under Section 328(3)(a) BNSS, the evidence is any evidence derived from any unpublished official records on which the report is based.
- Under Section 328(3)(b) BNSS, the disclosure is the nature or particulars of any test applied by the officer in the course of the examination of the matter or thing.
Example of Section 328 BNSS
When Section 328 BNSS Does Not Apply
- Section 328 BNSS speaks of reports under the hand of the officers named in Section 328(1) BNSS. It does not deal with the deposition of a civil surgeon or other medical witness, which is the subject of Section 326 BNSS.
- Section 328 BNSS speaks of reports under the hand of the officers named in Section 328(1) BNSS. It does not deal with reports of certain Government scientific experts, which is the subject of Section 329 BNSS.
Section 328 BNSS in the CrPC (Previous Law)
Section 328 BNSS replaced Section 292 CrPC from 1 July 2024.
From 1 July 2024, Section 328 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 292 of the Code of Criminal Procedure, 1973. Section 328(1) BNSS reads a gazetted officer of any Mint where Section 292(1) CrPC read any such officer of any Mint, and reads this Sanhita where Section 292(1) CrPC read this Code. Section 328(3) BNSS refers to sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 where Section 292(3) CrPC referred to sections 123 and 124 of the Indian Evidence Act, 1872. Section 328(1) BNSS and Section 328(3) BNSS do not contain the words as the case may be that Section 292(1) CrPC and Section 292(3) CrPC contain. Section 328(2) BNSS has the same text as Section 292(2) CrPC.
Each sub-section below names its own source.
FAQs on Section 328 BNSS
What report may be used as evidence under Section 328(1) BNSS?▼
Section 328(1) BNSS says a document purporting to be a report under the hand of a gazetted officer named in Section 328(1) BNSS, upon any matter or thing duly submitted for examination and report in the course of any proceeding under the Sanhita, may be used as evidence in any inquiry, trial or other proceeding under the Sanhita, although such officer is not called as a witness.
May the Court summon the officer under Section 328(2) BNSS?▼
Section 328(2) BNSS says the Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of the report. The proviso says no such officer shall be summoned to produce any records on which the report is based.
What does Section 328(3) BNSS say about the evidence of the officer?▼
Section 328(3) BNSS says that, without prejudice to 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 named in Section 328(3) BNSS, be permitted to give any evidence derived from any unpublished official records on which the report is based, or to disclose the nature or particulars of any test applied by the officer in the course of the examination of the matter or thing.
What changed from Section 292 CrPC to Section 328 BNSS from 1 July 2024?▼
From 1 July 2024, Section 328 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 292 of the Code of Criminal Procedure, 1973. Section 328(1) BNSS reads a gazetted officer of any Mint where Section 292(1) CrPC read any such officer of any Mint, and reads this Sanhita where Section 292(1) CrPC read this Code. Section 328(3) BNSS refers to sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 where Section 292(3) CrPC referred to sections 123 and 124 of the Indian Evidence Act, 1872. Section 328(1) BNSS and Section 328(3) BNSS do not contain the words as the case may be that Section 292(1) CrPC and Section 292(3) CrPC contain.
Section 328 BNSS: Sub-sections Explained
Section 328(1) BNSS: Evidence of officers of the Mint
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Bare Act Text
(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 for examination 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.
Section 328(2) BNSS: Evidence of officers of the Mint
▶
Bare Act Text
(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.
Section 328(3) BNSS: Evidence of officers of the Mint
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·