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Bharatiya Nagarik Suraksha Sanhita

Section 329

Reports of certain Government scientific experts

Quick Answer Reference: Section 329 BNSS

  • Provision: Section 329 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: has been commenced under this Sanhita.
  • Jurisdiction: India
  • Summary: This section allows reports from certain government scientific experts to be used as evidence in proceedings under this Sanhita. It also permits the court to summon these experts for examination.
Statutory Content

What does Section 329 of BNSS say?

(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.

Indian StandardSection 329, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 329 (India)
Court Pleading StandardSection 329 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/329

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose

What does Section 329 of BNSS mean?

Plain English Explanation

This section allows reports from certain government scientific experts to be used as evidence in proceedings under this Sanhita. It also permits the court to summon these experts for examination.

Practical Interpretation

In practice, this section streamlines the process of admitting expert evidence in legal proceedings, allowing for more efficient trials and inquiries.

Core Legal Purpose

The core purpose is to facilitate the admission of reliable scientific evidence and expert testimony in legal proceedings, enhancing the fairness and accuracy of the justice system.

Key Legal Elements
  • The document must purport to be a report under the hand of a specified government scientific expert.
  • The report must be on a matter or thing duly submitted for examination or analysis in the course of a proceeding under this Sanhita.
  • The court must think it fit to summon and examine the expert.
  • The expert may depute a responsible officer to attend the court if unable to attend personally, unless the court directs otherwise.
Practical Example

Practical Example of Section 329 BNSS

For instance, in a case involving a suspicious fire, the court may admit a report from the Chief Controller of Explosives as evidence. If needed, the court can summon the Chief Controller or their deputed officer to explain the report's findings, such as Rajesh, the officer deputed by the Chief Controller, who testifies about the explosive materials found at the scene.

Common Questions (FAQ)

Frequently Asked Questions about Section 329 BNSS

Q: What is the punishment or consequence under Section 329 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 specified government scientific experts and their reports, not private individuals or entities.

Q: Is an offence under this section bailable or cognizable?

This section does not deal with offences, so it is neither bailable nor cognizable; it is a procedural provision regarding evidence and expert testimony.

People Also Ask (PAA)

Common Questions about Section 329 BNSS

What is Section 329 of BNSS?

Section 329 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Reports of certain Government scientific experts". In plain terms: This section allows reports from certain government scientific experts to be used as evidence in proceedings under this Sanhita. It also permits the court to summon these experts for examination.

What is the punishment under Section 329 of BNSS?

Section 329 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 329 of BNSS bailable or non-bailable?

Whether Section 329 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 329 of BNSS?

The essential elements of Section 329 of BNSS are: The document must purport to be a report under the hand of a specified government scientific expert.; The report must be on a matter or thing duly submitted for examination or analysis in the course of a proceeding under this Sanhita.; The court must think it fit to summon and examine the expert..

Landmark Case Laws

Landmark Judgments under Section 329 BNSS

2017 10 SCC 1

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

2013 2 SCC 1

Supreme Court of India

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