Section 336 BNSS: Evidence of public servants, experts, police officers in certain cases

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 336 BNSS at a Glance

Section 336 BNSS deals with evidence of public servants, experts, police officers in certain cases. It has no corresponding section in the CrPC. The BNSS applies from 1 July 2024.

Section 336 BNSS Bare Act Text

336. Evidence of public servants, experts, police officers in certain cases
Where any document or report prepared by a public servant, scientific expert or medical officer is purported to be used as evidence in any inquiry, trial or other proceeding under this Sanhita, and—
(i) such public servant, expert or officer is either transferred, retired, or died; or
(ii) such public servant, expert or officer cannot be found or is incapable of giving deposition; or
(iii) securing presence of such public servant, expert or officer is likely to cause delay in holding the inquiry, trial or other proceeding, the Court shall secure presence of successor officer of such public servant, expert, or officer who is holding that post at the time of such deposition to give deposition on such document or report:
Provided that no public servant, scientific expert or medical officer shall be called to appear before the Court unless the report of such public servant, scientific expert or medical officer is disputed by any of the parties of the trial or other proceedings:
Provided further that the deposition of such successor public servant, expert or officer may be allowed through audio-video electronic means.

Source: Section 336, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 336 BNSS in Simple Words

Section 336 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prevents delay in an inquiry, trial, or other proceeding under the Sanhita when a document or report prepared by a public servant, scientific expert, or medical officer is purported to be used as evidence.

When the original author has been transferred, retired, or died, cannot be found or give deposition, or securing their presence is likely to cause delay, the Court shall secure the presence of the successor officer holding that post at the time of the deposition.

A proviso limits calling such persons unless a party disputes the report, and a further proviso allows audio-video deposition.

When Section 336 BNSS Applies

Section 336 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies when a written record or report made by a public servant, scientific expert, or medical officer is purported to be used as evidence in an inquiry, trial, or other proceeding under the Sanhita.
The substitute testimony rule in Section 336 BNSS is triggered when the official or expert who prepared the record has been transferred, has retired, has died, cannot be found, or is incapable of giving a deposition.
When any of those unavailability grounds exists, or when bringing the original author to Court is likely to cause delay in holding the inquiry, trial, or other proceeding, the Court shall secure the presence of the successor officer holding that post at the time of the deposition to testify on the document or report.
A proviso in Section 336 BNSS limits this rule by directing that no public servant, scientific expert, or medical officer shall be called to appear before the Court unless a party to the trial or other proceedings disputes the report.
A further proviso in Section 336 BNSS relaxes physical attendance by providing that the deposition of the successor public servant, expert, or officer may be allowed through audio-video electronic means.

Example of Section 336 BNSS

In a trial under the Bharatiya Nagarik Suraksha Sanhita, 2023, a medical report prepared by a medical officer, Doctor Ramesh Nair, is purported to be used as evidence. The accused, Vikram, disputes the report. By the stage of recording evidence, Doctor Ramesh Nair has retired. A party to the trial disputes the report and the medical officer who prepared it has retired, so Section 336 BNSS applies. The Court shall secure the presence of the successor officer, Doctor Kavita Rao, who holds that post at the time of the deposition, to give deposition on the report. Under the further proviso to Section 336 BNSS, her deposition may be allowed through audio-video electronic means.

When Section 336 BNSS Does Not Apply

No public servant, scientific expert, or medical officer shall be called to appear before the Court under Section 336 of the Bharatiya Nagarik Suraksha Sanhita, 2023 when the report is not disputed by any of the parties to the trial or other proceedings.
Section 336 BNSS does not apply when the document or report was not prepared by a public servant, scientific expert, or medical officer, or is not purported to be used as evidence in an inquiry, trial, or other proceeding under the Sanhita.
Section 336 BNSS does not authorise calling a successor officer when the original public servant, scientific expert, or medical officer has not been transferred, has not retired, has not died, can be found, is capable of giving deposition, and can attend without being likely to cause delay in holding the inquiry, trial, or other proceeding.

No Corresponding CrPC Section

The official comparison tables list no section of the Code of Criminal Procedure, 1973 against Section 336 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Code had no section in its place. Section 336 BNSS provides that the Court shall secure the presence of the successor officer to depose on a disputed document or report when the author is unavailable or securing their presence is likely to cause delay.

FAQs on Section 336 BNSS

Who testifies on a document or report when its original author is unavailable under Section 336 BNSS?▼

When a document or report prepared by a public servant, scientific expert, or medical officer is purported to be used as evidence under the Bharatiya Nagarik Suraksha Sanhita, 2023, and a condition in Section 336 BNSS is met, the Court shall secure the presence of the successor officer. That successor must be the officer holding the same post at the time of the deposition to give deposition on the document or report.

What situations require the Court to call a successor officer under Section 336 BNSS?▼

Section 336 BNSS applies when the public servant, scientific expert, or medical officer who prepared the document or report has been transferred, has retired, or has died. It also applies when that person cannot be found, is incapable of giving deposition, or when securing their presence is likely to cause delay in holding the inquiry, trial, or other proceeding under the Sanhita, provided a party disputes the report.

Must a public servant, scientific expert, or medical officer be called to Court under Section 336 BNSS when nobody disputes the report?▼

No. A proviso to Section 336 BNSS limits when such witnesses are summoned by stating that no public servant, scientific expert, or medical officer shall be called to appear before the Court unless the report of that public servant, scientific expert, or medical officer is disputed by any of the parties to the trial or other proceedings under the Sanhita. When no party disputes the report, calling them to appear before the Court is not permitted.

Can the successor officer depose by video under Section 336 BNSS instead of appearing in person?▼

Yes. A further proviso to Section 336 BNSS relaxes the requirement of physical attendance in Court for the successor witness. It states that the deposition of the successor public servant, expert, or officer may be allowed through audio-video electronic means. The word may leaves it to the Court to decide whether the successor officer testifies on the document or report through audio-video electronic means in the inquiry, trial, or other proceeding.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·