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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