Section 336 BNSS: Evidence of public servants, experts, police officers in certain cases (New BNSS Provision - Evidence of public servants & successor experts)

Section 336 of Bharatiya Nagarik Suraksha Sanhita, 2023: Evidence of public servants, experts, police officers in certain cases

Official Bare Act Text

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

Where any document or report prepared by a public servant, scientific expert or medical officer is purported to be used as evidence in any inquiry, trial or other proceeding under this Sanhita, and—

(i) such public servant, expert or officer is either transferred, retired, or died; or

(ii) such public servant, expert or officer cannot be found or is incapable of giving deposition; or

(iii) securing presence of such public servant, expert or officer is likely to cause delay in holding the inquiry, trial or other proceeding, the Court shall secure presence of successor officer of such public servant, expert, or officer who is holding that post at the time of such deposition to give deposition on such document or report:

Provided that no public servant, scientific expert or medical officer shall be called to appear before the Court unless the report of such public servant, scientific expert or medical officer is disputed by any of the parties of the trial or other proceedings:

Provided further that the deposition of such successor public servant, expert or officer may be allowed through audio-video electronic means.

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 336

Section 336 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is a vital progressive reform governing the admissibility of depositions and reports of public servants, medical experts, and police officers who have died, retired, or cannot be found without unreasonable delay.

Applicability to Official Witnesses: Covers public servants, medical officers, scientific experts, and police officers who prepared official reports or recorded statements during investigation.
Unavailability Conditions: Triggered when such person is dead, cannot be found, is incapable of giving evidence, or attendance cannot be procured without unreasonable delay or expense.
Deposition by Successor-in-Office: Allows the successor-in-office or any officer familiar with their handwriting and official signature to depose and prove the report/document.
Expediting Criminal Trials: Eliminates indefinite trial delays caused by untraceable retired police sub-inspectors or transferred medical doctors.

Key Landmark Precedents:

Dayal Singh v. State of Uttaranchal, (2012) 8 SCC 263: The Supreme Court observed that criminal trials cannot be paralyzed by the non-availability of investigating officers or doctors who have retired or moved away.
State of Rajasthan v. Ani, (1997) 6 SCC 162: Held that formal official documents prepared in the discharge of official duties can be proved by successors who can identify the handwriting and signature of the author.

Courtroom Practice & Strategic Litigation Guidance:

When the prosecution invokes Section 336 to prove an autopsy report or site plan through a successor officer, cross-examine the successor vigorously on the fact that they have no personal knowledge of the actual post-mortem or crime scene.