(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or of the State Examiner of Questioned Documents Organisation be permitted— (a) to give any evidence derived from any unpublished official records on which the report is based; or (b) to disclose the nature or particulars of any test applied by him in the course of the examination of the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.
Bharatiya Nagarik Suraksha Sanhita
Section 328
Evidence of officers of Mint
⚡ Quick Answer Reference: Section 328 BNSS
- Provision: Section 328 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: This section allows documents from certain government officers to be used as evidence in court cases, even if the officer isn't present. The officer's report can be used as evidence, but the court can still call the officer to testify if needed.
What does Section 328 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 328 of BNSS mean?
Plain English Explanation
This section allows documents from certain government officers to be used as evidence in court cases, even if the officer isn't present. The officer's report can be used as evidence, but the court can still call the officer to testify if needed.
Practical Interpretation
In practice, this section means that reports from government officers like those at the Mint or Forensic Department can be used as evidence in court, without the officer needing to be present. However, the court can still summon the officer to testify if they think it's necessary.
Core Legal Purpose
The core purpose of this section is to facilitate the use of reports from government officers as evidence in court cases, while also allowing the court to have flexibility in deciding whether to summon the officer to testify.
- •The report must be from a gazetted officer of a specified government department or organization.
- •The report must be related to a matter or thing submitted for examination and report in a proceeding under the BNSS.
- •The officer's report can be used as evidence, but the court may still summon the officer to testify if they think it's necessary.
- •The officer cannot be summoned to produce records on which the report is based, and cannot disclose the nature or particulars of any test applied in the examination of the matter or thing.
Practical Example of Section 328 BNSS
Rajesh, a police officer, submits a report to the court as evidence in a case involving a counterfeit currency note. The report is from a gazetted officer at the Mint, and is related to the examination of the note. The court can use the report as evidence, but may still summon the officer to testify if they think it's necessary. However, the officer cannot be summoned to produce the records on which the report is based, or to disclose the nature or particulars of any test applied in the examination of the note.
Frequently Asked Questions about Section 328 BNSS
Q: What is the punishment or consequence under Section 328 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to public entities, specifically gazetted officers of government departments and organizations specified in the section.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
Common Questions about Section 328 BNSS
What is Section 328 of BNSS?
Section 328 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Evidence of officers of Mint". In plain terms: This section allows documents from certain government officers to be used as evidence in court cases, even if the officer isn't present. The officer's report can be used as evidence, but the court can still call the officer to testify if needed.
What is the punishment under Section 328 of BNSS?
Section 328 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 328 of BNSS bailable or non-bailable?
Whether Section 328 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 328 of BNSS?
The essential elements of Section 328 of BNSS are: The report must be from a gazetted officer of a specified government department or organization.; The report must be related to a matter or thing submitted for examination and report in a proceeding under the BNSS.; The officer's report can be used as evidence, but the court may still summon the officer to testify if they think it's necessary..
Landmark Judgments under Section 328 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 328
Ask Nyaya AI About Section 328
Select a pre-configured prompt to run this section through the grounded research engine.