Section 328 BNSS: Evidence of officers of Mint (Formerly Section 292 CrPC)

Section 328 of Bharatiya Nagarik Suraksha Sanhita, 2023: Evidence of officers of Mint

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Any document purporting to be a report under the hand of a gazetted officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the officer of the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic Science Laboratory or any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents as the Central Government may, by notification, specify in this behalf, upon any matter or thing duly submitted to him for examination 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, although such officer is not called as a witness.

(2) The Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of his report:

Provided that no such officer shall be summoned to produce any records on which the report is based.

(3) Without prejudice to the provisions of sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023, no such officer shall, except with the permission of the General Manager or any officer in charge of any Mint or of any Note Printing Press or of any Security Printing Press or of any Forensic Department or any officer in charge of the Forensic Science Laboratory or of the Government Examiner of Questioned Documents Organisation or of the State Examiner of Questioned Documents Organisation be permitted—

(a) to give any evidence derived from any unpublished official records on which the report is based; or

(b) to disclose the nature or particulars of any test applied by him in the course of the examination of the matter or thing.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 328

Section 328 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 292 of the CrPC, 1973) provides for the direct admissibility of reports and opinions issued by gazetted officers of the Mint, Security Presses, and Currency Note Presses in currency counterfeiting and forgery trials.

Authorized Officers: Applies to reports under the hand of any gazetted officer of the Mint, India Security Press, Security Printing Press, or Bank Note Press.
Admissibility without Formal Proof: The official report may be used as evidence in any inquiry, trial, or other proceeding under this Sanhita.
Power to Summon Officer: The Court may summon and examine the officer, and is bound to summon them if the accused or prosecution moves an application showing reasonable cause.

Key Landmark Precedents:

State of Gujarat v. Babulal, 1981 Cri LJ 1752: The High Court confirmed that Mint and currency expert reports are admissible without formal witness box proof unless their technical basis is challenged on bona fide grounds.
K.L. Subbayya v. State of Karnataka, (1979) 2 SCC 115: Emphasized that statutory presumptions and exemptions from formal proof must be strictly construed against the State.

Courtroom Practice & Strategic Litigation Guidance:

In counterfeit currency (FICN) prosecutions, if the Mint report relies on microscopic ink analysis or watermark tests that appear inconclusive, apply under Section 328(2) to cross-examine the Mint officer on chemical variance.