Section 336

Evidence of public servants, experts, police officers in certain cases.

The Bharatiya Nagarik Suraksha Sanhita, 2023

  • Act 46 of 2023
  • Ministry of Home Affairs
  • Department of Internal Security
About this Act

An Act to consolidate and amend the law relating to Criminal Procedure.

All sections

Chapter XXV: Evidence in inquiries and trials Sections 307 to 336

    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: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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