Section 329 BNSS: Reports of certain Government scientific experts (Formerly Section 293 CrPC)

Section 329 of Bharatiya Nagarik Suraksha Sanhita, 2023: Reports of certain Government scientific experts

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 Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis 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.

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

(3) Where any such expert is summoned by a Court, and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf.

(4) This section applies to the following Government scientific experts, namely:—

(a) any Chemical Examiner or Assistant Chemical Examiner to Government;

(b) the Chief Controller of Explosives;

(c) the Director of the Finger Print Bureau;

(d) the Director, Haffkeine Institute, Bombay;

(e) the Director, Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory;

(f) the Serologist to the Government;

(g) any other scientific expert specified or certified, by notification, by the State Government or the Central Government for this purpose.

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 329

Section 329 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 293 of the CrPC, 1973) governs the admissibility of reports of designated Government scientific experts (CFSL, FSL, Serologists, Ballistic Experts, Chemical Examiners) without requiring them to depose in person.

Designated Scientific Experts: Covers Chemical Examiners, Chief Inspector of Explosives, Directors of Fingerprint Bureaus, Central Forensic Science Laboratory (CFSL) Directors, Serologists, and other notified experts.
Substantive Admissibility: Any document purporting to be a report under the hand of such expert upon any matter or thing duly submitted to them for examination or analysis may be used as evidence.
Right to Cross-examine: The Court may, and shall on application by the accused or prosecution, summon and examine the expert as to the subject-matter of the report.

Key Landmark Precedents:

State of H.P. v. Mast Ram, (2004) 8 SCC 660: The Supreme Court confirmed that the report of a government scientific expert is admissible per se under Section 293 CrPC (Section 329 BNSS), but if the report is cryptic or challenged, the expert must be summoned.
Murari Lal v. State of M.P., (1980) 1 SCC 704: Held that handwriting and ballistic expert opinions must disclose the scientific reasons and comparative data on which the conclusion is based.

Courtroom Practice & Strategic Litigation Guidance:

Never accept a cryptic FSL or ballistic report at face value. Move an application under Section 329(2) demanding the appearance of the Ballistic/DNA expert to cross-examine on chain-of-custody, sample contamination, and probability ratios.