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.
Bharatiya Nagarik Suraksha Sanhita
Section 336
Evidence of public servants, experts, police officers in certain cases
⚡ Quick Answer Reference: Section 336 BNSS
- Provision: Section 336 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: If a public servant, expert, or medical officer who created a document or report can't be found or is unavailable to testify, the court can call their replacement officer to give evidence. This only happens if the original report is disputed by one of the parties involved in the case.
What does Section 336 of BNSS say?
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What does Section 336 of BNSS mean?
Plain English Explanation
If a public servant, expert, or medical officer who created a document or report can't be found or is unavailable to testify, the court can call their replacement officer to give evidence. This only happens if the original report is disputed by one of the parties involved in the case.
Practical Interpretation
In practice, this section helps ensure that trials and inquiries can proceed smoothly even if the original creator of a document or report is unavailable. The court can use the replacement officer's testimony to establish the facts of the case.
Core Legal Purpose
The core purpose of this section is to facilitate the administration of justice by allowing the court to secure evidence from a replacement officer when the original creator is unavailable. This ensures that trials and inquiries can proceed without unnecessary delays.
- •The document or report in question must be prepared by a public servant, scientific expert, or medical officer.
- •The original public servant, expert, or officer must be unavailable due to transfer, retirement, death, or inability to testify.
- •Securing the presence of the original public servant, expert, or officer would likely cause a delay in the inquiry, trial, or other proceeding.
- •The report of the public servant, scientific expert, or medical officer must be disputed by one of the parties involved in the case.
Practical Example of Section 336 BNSS
Rajesh, a police officer, prepared a report on a crime scene. However, Rajesh has since retired and can't be found. The report is disputed by the defendant, Priya. In this scenario, the court can call Amit, the successor officer who is currently holding the same post, to give evidence on the report. Amit's testimony can be allowed through audio-video electronic means to avoid any further delays in the trial.
Frequently Asked Questions about Section 336 BNSS
Q: What is the punishment or consequence under Section 336 of BNSS?
There is no punishment or consequence under Section 336 of BNSS. This section is a procedural provision that deals with the admissibility of evidence in certain cases.
Q: Does this section apply to private individuals or public entities?
This section applies to public servants, scientific experts, and medical officers who are employed by public entities. It does not apply to private individuals.
Q: Is an offence under this section bailable or cognizable?
This section is a civil procedural provision and does not deal with criminal offenses. Therefore, it is neither bailable nor cognizable.
Common Questions about Section 336 BNSS
What is Section 336 of BNSS?
Section 336 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Evidence of public servants, experts, police officers in certain cases". In plain terms: If a public servant, expert, or medical officer who created a document or report can't be found or is unavailable to testify, the court can call their replacement officer to give evidence. This only happens if the original report is disputed by one of the parties involved in the case.
What is the punishment under Section 336 of BNSS?
Section 336 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 336 of BNSS bailable or non-bailable?
Whether Section 336 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 336 of BNSS?
The essential elements of Section 336 of BNSS are: The document or report in question must be prepared by a public servant, scientific expert, or medical officer.; The original public servant, expert, or officer must be unavailable due to transfer, retirement, death, or inability to testify.; Securing the presence of the original public servant, expert, or officer would likely cause a delay in the inquiry, trial, or other proceeding..
Landmark Judgments under Section 336 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 336
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