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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXV: Evidence In Inquiries And Trials

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

Corresponding CrPC
New provision (no CrPC equivalent)
Note
New: the Court secures the deposition of the successor officer where the original officer has moved, retired, died or cannot be found.

Bare Act text

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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Where a document or report prepared by a public servant, scientific expert or medical officer is to be used as evidence and that officer has been transferred, retired or died, cannot be found or give a deposition, or securing the officer's presence would cause delay, the Court secures the presence of the successor holding that post to depose on it. A proviso says such an officer is not called unless the report is disputed by a party.

Chapter XXV: Evidence In Inquiries And Trials

  1. 307 Language of Courts
  2. 308 Evidence to be taken in presence of accused
  3. 309 Record in summons-cases and inquiries
  4. 310 Record in warrant-cases
  5. 311 Record in trial before Court of Session
  6. 312 Language of record of evidence
  7. 313 Procedure in regard to such evidence when completed
  8. 314 Interpretation of evidence to accused or his advocate
  9. 315 Remarks respecting demeanour of witness
  10. 316 Record of examination of accused
  11. 317 Interpreter to be bound to interpret truthfully
  12. 318 Record in High Court
  13. 319 When attendance of witness may be dispensed with and commission issued
  14. 320 Commission to whom to be issued
  15. 321 Execution of commissions
  16. 322 Parties may examine witnesses
  17. 323 Return of commission
  18. 324 Adjournment of proceeding
  19. 325 Execution of foreign commissions
  20. 326 Deposition of medical witness
  21. 327 Identification report of Magistrate
  22. 328 Evidence of officers of Mint
  23. 329 Reports of certain Government scientific experts
  24. 330 No formal proof of certain documents
  25. 331 Affidavit in proof of conduct of public servants
  26. 332 Evidence of formal character on affidavit
  27. 333 Authorities before whom affidavits may be sworn
  28. 334 Previous conviction or acquittal how proved
  29. 335 Record of evidence in absence of accused
  30. 336 Evidence of public servants, experts, police officers in certain cases
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