Section 330 BNSS: No formal proof of certain documents (Formerly Section 294 CrPC)

Section 330 of Bharatiya Nagarik Suraksha Sanhita, 2023: No formal proof of certain documents

Official Bare Act Text

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

(1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused or the advocate for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document soon after supply of such documents and in no case later than thirty days after such supply:

Provided that the Court may, in its discretion, relax the time limit with reasons to be recorded in writing:

Provided further that no expert shall be called to appear before the Court unless the report of such expert is disputed by any of the parties to the trial.

(2) The list of documents shall be in such form as the State Government may, by rules, provide.

(3) Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Sanhita without proof of the signature of the person by whom it purports to be signed:

Provided that the Court may, in its discretion, require such signature to be proved.

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 330

Section 330 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 294 of the CrPC, 1973) eliminates formal proof of documents where their genuineness is admitted by the opposite party during the admission-denial stage.

Admission-Denial Stage: Where any document is filed before any Court by the prosecution or accused, the opposite party shall be called upon to admit or deny the genuineness of each such document.
Dispensing with Witness Proof: The list of documents must be endorsed; where genuineness is not disputed, the document may be read in evidence without calling a witness to prove the signature or handwriting.
Court Discretion to Require Proof: The Court retains discretion to require any document to be proved notwithstanding the absence of dispute.

Key Landmark Precedents:

Shamsher Singh Verma v. State of Haryana, (2016) 15 SCC 485: The Supreme Court held that compact discs (CDs) and electronic records are documents within the meaning of Section 294 CrPC (Section 330 BNSS), and an accused is entitled to summon such documents and seek admission/denial.
Akhtar v. State of Uttaranchal, (2009) 13 SCC 722: Held that once a post-mortem or injury report is admitted without objection under Section 294 CrPC, it becomes substantive evidence and its contents cannot subsequently be repudiated.

Courtroom Practice & Strategic Litigation Guidance:

Exercise extreme caution during admission-denial under Section 330; admitting a post-mortem report or seizure memo waives the right to cross-examine the doctor or pancha on procedural irregularities.