Section 336 of BNSS : Section 336: Evidence of public servants, experts, police officers in certain cases.

Explanation using Example

Example 1:

Scenario: A police officer, Inspector Sharma, prepared a detailed report on a robbery case, including forensic evidence and witness statements. Before the trial could commence, Inspector Sharma was transferred to another state.

Application of Section 336:

• Since Inspector Sharma has been transferred, the court can call upon the officer who succeeded him in his post to present the report and give deposition.
• If the defense disputes the report, the successor officer can be called to testify, possibly through audio-video electronic means to avoid delays.

Example 2:

Scenario: Dr. Mehta, a medical officer, conducted a post-mortem examination in a murder case and prepared a report. Unfortunately, Dr. Mehta passed away before the trial began.

Application of Section 336:

• Given that Dr. Mehta has died, the court can summon the current medical officer who holds Dr. Mehta's position to present the post-mortem report and provide deposition.
• If the defense challenges the findings in the report, the successor medical officer can be called to testify, potentially through audio-video electronic means to expedite the process.

Example 3:

Scenario: A scientific expert, Dr. Rao, analyzed DNA evidence in a high-profile criminal case. Dr. Rao has since retired and moved abroad, making it difficult to secure his presence for the trial.

Application of Section 336:

• Since Dr. Rao has retired and is not easily reachable, the court can call upon the current scientific expert who has taken over Dr. Rao's responsibilities to present the DNA analysis report and give deposition.
• If the report is contested by any party, the successor expert can testify, possibly through audio-video electronic means to prevent delays in the trial.

Example 4:

Scenario: A public servant, Mr. Verma, prepared a land survey report for a property dispute case. Mr. Verma is now unwell and incapable of giving a deposition.

Application of Section 336:

• As Mr. Verma is incapable of giving a deposition due to his illness, the court can summon the current officer in his position to present the land survey report and provide deposition.
• If the report is disputed by any party involved in the case, the successor officer can be called to testify, potentially through audio-video electronic means to avoid unnecessary delays.