Section 329 BNSS: Reports of certain Government scientific experts

Section 329 BNSS Bare Act Text

(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.

Source: Section 329, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 329 BNSS in Simple Words

When Section 329 BNSS Applies

• A document purporting to be a report under the hand of a Government scientific expert to whom Section 329 BNSS applies, upon any matter or thing duly submitted for examination or analysis and report in the course of a proceeding under the Bharatiya Nagarik Suraksha Sanhita, 2023, may be used as evidence in any inquiry, trial or other proceeding under the Sanhita.
• Under Section 329(2) BNSS, the Court may, if it thinks fit, summon and examine the Government scientific expert as to the subject-matter of the expert's report.
• Under Section 329(3) BNSS, a summoned expert who is unable to attend personally may depute a responsible officer working with the expert to attend the Court, unless the Court has expressly directed the expert to appear personally.
• The responsible officer deputed under Section 329(3) BNSS must be conversant with the facts of the case and able to satisfactorily depose in Court on behalf of the summoned expert.
• Section 329(4) BNSS names the Government scientific experts to whom Section 329 BNSS applies, being those in Section 329(4)(a) BNSS to Section 329(4)(f) BNSS and any other scientific expert specified or certified, by notification, by the State Government or the Central Government for this purpose under Section 329(4)(g) BNSS.

Example of Section 329 BNSS

When Section 329 BNSS Does Not Apply

• Section 329(1) BNSS speaks of a report under the hand of a Government scientific expert to whom Section 329 BNSS applies. It does not deal with a report from a private forensic laboratory.
• Section 329(3) BNSS speaks of a summoned expert who is unable to attend personally. It does not deal with a witness who is not a Government scientific expert and is summoned by the Court.

Section 329 BNSS in the CrPC (Previous Law)

FAQs on Section 329 BNSS

Section 329 BNSS: Sub-sections Explained