Section 329 of BNSS : Section 329: Reports of certain Government scientific experts.
BNSS
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Explanation using Example
Example 1:
Scenario: A murder case in Mumbai.
Details:
- A murder has taken place in Mumbai, and the police have collected blood samples from the crime scene.
- These samples are sent to the Director of the Haffkeine Institute, Bombay, for analysis.
- The Director prepares a report indicating that the blood samples match the blood type of the suspect.
Application of Section 329:
- The report prepared by the Director of the Haffkeine Institute can be used as evidence in the trial without the Director having to appear in court.
- However, if the court deems it necessary, it can summon the Director to testify about the report.
- If the Director is unable to attend, he can send a responsible officer from the institute who is familiar with the case to testify on his behalf.
Example 2:
Scenario: A case of illegal explosives possession in Delhi.
Details:
- The police have seized a large quantity of explosives from a warehouse in Delhi.
- The explosives are sent to the Chief Controller of Explosives for examination.
- The Chief Controller prepares a report confirming that the seized materials are indeed illegal explosives.
Application of Section 329:
- The report by the Chief Controller of Explosives can be used as evidence in the trial against the accused.
- The court has the discretion to summon the Chief Controller to testify about the report.
- If the Chief Controller cannot attend, he can send a responsible officer who is knowledgeable about the case to testify in his place, unless the court specifically requires his personal appearance.
Example 3:
Scenario: A case of forgery involving fingerprints in Kolkata.
Details:
- A document suspected to be forged is found, and fingerprints on the document are sent to the Director of the Finger Print Bureau for analysis.
- The Director prepares a report indicating that the fingerprints on the document match those of the accused.
Application of Section 329:
- The report from the Director of the Finger Print Bureau can be used as evidence in the trial.
- The court may decide to summon the Director to provide further testimony regarding the report.
- If the Director is unable to attend, he can send a responsible officer from the Finger Print Bureau who is well-versed with the case details to testify on his behalf, unless the court specifically requires the Director's presence.
Example 4:
Scenario: A drug trafficking case in Chennai.
Details:
- The police have seized a large quantity of suspected narcotics from a suspect in Chennai.
- The samples are sent to the Central Forensic Science Laboratory for analysis.
- The Assistant Director of the laboratory prepares a report confirming that the substances are illegal narcotics.
Application of Section 329:
- The report by the Assistant Director of the Central Forensic Science Laboratory can be used as evidence in the trial.
- The court may summon the Assistant Director to testify about the report.
- If the Assistant Director is unable to attend, he can send a responsible officer from the laboratory who is familiar with the case to testify on his behalf, unless the court specifically requires his personal appearance.
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