Section 336 – Evidence of Public Servants, Experts, Police Officers in Certain Cases

Introduction

Section 336 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides a special procedure for proving documents or reports prepared by public servants, scientific experts, medical officers and investigating officers when the original person who prepared the document or report is unavailable or when securing their presence would cause delay in the proceedings.

The provision allows the Court to secure the presence of the successor officer holding the relevant post to give evidence regarding the document or report. It also permits such deposition to be given through audio-video electronic means.

Section 336 is a new provision under the BNSS and was not contained in the Code of Criminal Procedure, 1973 in this form.

Meaning of Section 336

Section 336 deals with the use of official documents and reports in criminal proceedings where the person who originally prepared them cannot conveniently appear before the Court.

The provision covers documents or reports prepared by:

• Public servants
• Scientific experts
• Medical officers
• Investigating officers

Where the original officer or expert is unavailable in the circumstances mentioned in the section, the Court shall secure the presence of the successor officer who is holding that post at the time of deposition.

Statutory Basis

Section 336 applies where a document or report prepared by a public servant, scientific expert, medical officer or investigating officer is proposed to be used as evidence in:

• an inquiry;
• a trial; or
• any other proceeding under the BNSS.

The provision operates when any of the circumstances specified in the section exists.

Circumstances in Which Section 336 Applies

1. Transfer, Retirement or Death

The provision applies where the public servant, expert or officer who prepared the document or report:

• has been transferred;
• has retired; or
• has died.

In such circumstances, the Court can secure the presence of the successor officer holding that post.

2. Officer Cannot Be Found or Is Incapable of Giving Evidence

Section 336 also applies where the concerned public servant, expert or officer:

• cannot be found; or
• is incapable of giving deposition.

The purpose is to avoid unnecessary difficulty in securing the testimony of the original officer where the statutory conditions are satisfied.

3. Presence Would Cause Delay

The provision further applies where securing the presence of the original public servant, expert or officer is likely to cause delay in conducting the inquiry, trial or other proceeding.

This provision therefore seeks to prevent criminal proceedings from being unnecessarily delayed merely because the person who originally prepared a document or report is unavailable.

Evidence Through Successor Officer

When the conditions of Section 336 are satisfied, the Court shall secure the presence of the successor officer who is holding the relevant post at the time of deposition.

The successor officer gives evidence concerning the document or report prepared by the predecessor.

This mechanism is intended to maintain continuity in official evidence without requiring the original officer to appear in circumstances where the law permits the successor to depose.

Proviso Regarding Disputed Reports

Section 336 contains an important safeguard.

No public servant, scientific expert or medical officer is required to appear before the Court unless the report prepared by that person is disputed by any party to the trial or other proceeding.

Therefore, where the report is not disputed, the concerned officer or expert need not ordinarily be called merely for formal examination.

This provision is intended to reduce unnecessary appearances of public servants and experts and thereby prevent avoidable delays in criminal proceedings.

Deposition Through Audio-Video Electronic Means

The second proviso to Section 336 provides that the deposition of the successor public servant, expert or officer may be allowed through audio-video electronic means.

This reflects the BNSS’s recognition of electronic modes of conducting criminal proceedings.

It can be particularly useful where requiring the successor officer to physically appear before the Court would cause inconvenience or delay.

Procedure under Section 336

The procedure may be understood in the following manner:

1. A document or report prepared by a public servant, scientific expert, medical officer or investigating officer is proposed to be used as evidence.
2. The original officer or expert is transferred, retired, dead, unavailable, incapable of giving evidence, or their presence is likely to cause delay.
3. The Court considers the circumstances prescribed under Section 336.
4. The Court secures the presence of the successor officer holding the relevant post.
5. The successor officer may give deposition concerning the document or report.
6. If the report is not disputed, the concerned public servant, scientific expert or medical officer need not be called to appear before the Court.
7. Where permitted, the successor’s deposition may be recorded through audio-video electronic means.

Important Safeguard

Section 336 does not mean that every official report can automatically be proved through a successor officer.

The provision operates only when its statutory conditions are satisfied. Further, the first proviso specifically protects against unnecessary examination of public servants, scientific experts and medical officers by requiring their appearance where the report is disputed.

Object and Purpose

The main objectives of Section 336 are:

• to prevent unnecessary delay in criminal proceedings;
• to facilitate the use of official documents and reports;
• to reduce the need for repeated appearance of public servants and experts;
• to provide a mechanism where the original officer is unavailable;
• to facilitate evidence through successor officers; and
• to make use of audio-video electronic means in appropriate cases.

Nature of Section 336

Section 336 is primarily a procedural provision. It does not create a new offence or determine the substantive criminal liability of an accused.

Its purpose is to regulate how certain official documents and reports may be supported through evidence when the person who originally prepared them is unavailable or when requiring their presence would cause procedural delay.

Important Distinctions

Original Officer and Successor Officer

The original officer is the person who prepared the document or report. The successor officer is the person holding the relevant post when deposition is required.

Section 336 provides a mechanism for the successor officer to give deposition in the circumstances specified by the provision.

Disputed and Undisputed Report

Where the report is not disputed, the concerned public servant, scientific expert or medical officer is not required to appear before the Court merely for that purpose.

Where the report is disputed, the statutory protection against unnecessary appearance does not apply in the same manner, and the Court may require the relevant evidence in accordance with the provision.

Physical Deposition and Audio-Video Deposition

Section 336 permits the deposition of the successor public servant, expert or officer to be given through audio-video electronic means.

Thus, physical presence before the Court is not necessarily the only mode available for such deposition.

BNSS and CrPC

Section 336 is a new provision introduced by the BNSS. There was no corresponding provision in the CrPC, 1973 dealing with this specific mechanism of using a successor officer to give evidence concerning documents or reports prepared by the predecessor.

The provision therefore represents a procedural innovation intended to reduce delays and simplify the presentation of official evidence.

Relationship with BSA

Section 336 is a procedural provision under the BNSS. The Bharatiya Sakshya Adhiniyam, 2023 (BSA) governs the broader rules concerning admissibility, relevance and proof of evidence.

Therefore, Section 336 should not be understood as independently determining every question concerning the evidentiary value or admissibility of a document or report. It provides a procedural mechanism for the deposition concerning such documents or reports in specified circumstances.

Example

Suppose a medical officer prepares a medical report in a criminal case. Before the trial, the medical officer retires from service. The report is proposed to be used during the trial.

If the statutory conditions under Section 336 are satisfied, the Court may secure the presence of the successor officer holding the relevant post to give deposition concerning the report. Where permitted, the successor officer may give the deposition through audio-video electronic means.

If the report is not disputed, the concerned medical officer is not required to appear before the Court merely for proving the report.

Topic at a Glance

• Section: 336, BNSS, 2023
• Subject: Evidence of public servants, experts and police officers in certain cases
• Nature: Procedural provision
• Covered documents: Documents or reports prepared by specified public servants, experts, medical officers and investigating officers
• Main circumstances: Transfer, retirement, death, inability to be found, incapacity, or likely delay in securing presence
• Evidence: Successor officer may give deposition concerning the document or report
• Important safeguard: Appearance is not required for a public servant, scientific expert or medical officer unless the report is disputed
• Electronic evidence procedure: Successor’s deposition may be allowed through audio-video electronic means
• CrPC comparison: New provision under BNSS

Quick Revision

• Section 336 BNSS deals with evidence concerning documents and reports prepared by public servants, scientific experts, medical officers and investigating officers.
• It applies when the original officer is transferred, retired, dead, unavailable, incapable of giving evidence, or their presence is likely to cause delay.
• The Court shall secure the presence of the successor officer holding the relevant post.
• The successor officer may give deposition concerning the document or report.
• A public servant, scientific expert or medical officer need not appear unless the report is disputed by a party.
• The successor officer’s deposition may be allowed through audio-video electronic means.
• Section 336 is a new procedural provision introduced by the BNSS.
• The provision aims to reduce procedural delays and facilitate proof of official reports.

ALSO READ: Section 335 – Record of evidence in absence of accused

Conclusion

Section 336 BNSS introduces a practical mechanism for dealing with official documents and reports when the original public servant, expert or officer cannot conveniently appear before the Court. By permitting evidence through a successor officer and allowing audio-video deposition, the provision seeks to balance efficient criminal proceedings with the need to properly establish disputed official evidence.