Section 292 CrPC: Evidence of officers of the Mint

What Section 292 CrPC Says

292. Evidence of officers of the Mint

(1) Any document purporting to be a report under the hand of any such 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 case may be, 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 Code, may be used as evidence in any inquiry, trial or other proceeding under this Code, 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 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), 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, as the case may be, 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(a) to give any evidence derived from any unpublished official records on which the report is based; or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 292, Code of Criminal Procedure, 1973

Section 292 CrPC in Simple Words

When Section 292 CrPC Applies

• Under Section 292(1) CrPC, any document purporting to be a report under the hand of any such 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 case may be, as the Central Government may, by notification, specify in this behalf.
• Under Section 292(1) CrPC, the report, upon any matter or thing duly submitted to the officer for examination and report in the course of any proceeding under the Code, may be used as evidence in any inquiry, trial or other proceeding under the Code, although such officer is not called as a witness.
• Under Section 292(2) CrPC, 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 292(2) CrPC says no such officer shall be summoned to produce any records on which the report is based.
• Under Section 292(3) CrPC, without prejudice to sections 123 and 124 of the Indian Evidence Act, 1872, no such officer shall, except with the permission of the General Manager or any officer in charge named in Section 292(3) CrPC, be permitted to give the evidence or make the disclosure described in Section 292(3)(a) CrPC and Section 292(3)(b) CrPC.
• Under Section 292(3)(a) CrPC, the evidence is any evidence derived from any unpublished official records on which the report is based.
• Under Section 292(3)(b) CrPC, 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 292 CrPC

When Section 292 CrPC Does Not Apply

• Section 292 CrPC speaks of reports under the hand of the officers named in Section 292(1) CrPC. It does not deal with the deposition of a civil surgeon or other medical witness, which is the subject of Section 291 CrPC.
• Section 292 CrPC speaks of reports under the hand of the officers named in Section 292(1) CrPC. It does not deal with reports of certain Government scientific experts, which is the subject of Section 293 CrPC.

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