Section 328 – Evidence of Officers of Mint

Introduction

Section 328 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the evidence of officers of a Mint in criminal proceedings.

The provision permits certain reports or documents prepared by officers of a Mint to be used as evidence without requiring the officer to appear personally before the Court, subject to the conditions prescribed by the section.

The provision is intended to facilitate the proof of matters relating to coins, currency or other articles examined by officers possessing specialised technical knowledge.

Meaning of Evidence of Officers of Mint

The Mint is a specialised institution concerned with the manufacture and examination of coins and related matters.

In criminal proceedings involving questions relating to coins or other matters within the technical expertise of Mint officers, Section 328 provides a simplified method of proving the relevant facts through the written evidence or report of the authorised officer.

The provision reduces the necessity of calling such technical officers personally in every case.

Statutory Basis

The relevant provision is:

Section 328, BNSS, 2023 – Evidence of officers of Mint

The section provides for the use of evidence relating to the examination of coins or other matters dealt with by officers of a Mint.

The provision operates as a special procedural rule concerning the evidence of such officers.

Essential Elements

1. Officer of a Mint

The provision applies to an officer of a Mint falling within the category contemplated by the section.

The special evidentiary treatment is therefore connected with the official position and technical functions of the officer.

2. Written Evidence or Report

The relevant evidence may be placed before the Court in written form in accordance with the statutory requirements.

This enables the Court to consider the officer’s technical findings without requiring personal attendance in every case.

3. Use in Criminal Proceedings

The provision operates in relation to criminal inquiries and trials where the evidence of a Mint officer is relevant.

4. Power to Require Personal Examination

The Court retains the ability to require the officer to appear and give evidence where personal examination is considered necessary.

Therefore, the provision does not permanently exclude oral examination of the officer.

Purpose of Section 328

The main purpose of Section 328 is procedural convenience.

Mint officers possess specialised knowledge concerning the examination and characteristics of coins. Requiring such officers to personally attend every criminal proceeding in which their technical findings are relevant could cause unnecessary delay.

Section 328 provides a mechanism through which their official evidence can be used without unnecessarily interrupting the normal functioning of the Mint.

Procedure

The basic operation of Section 328 may be understood as follows:

1. A criminal proceeding involves a matter requiring examination by a Mint officer.
2. The authorised Mint officer conducts the relevant examination in the course of official duties.
3. The officer’s report or evidence is prepared in the prescribed form.
4. The report or evidence may be used in the criminal proceeding in accordance with Section 328.
5. The Court may require the officer’s personal examination where necessary.
6. The evidence is considered along with the other evidence in the case.

Nature of the Provision

Section 328 is a procedural and evidentiary facilitation provision.

It does not create a new criminal offence or determine the guilt of an accused person. Instead, it establishes a convenient mechanism for placing specialised official evidence before a criminal court.

The ultimate assessment of the evidence remains with the Court.

Important Distinctions

Mint Officer and Ordinary Witness

A Mint officer may possess specialised technical knowledge relating to coins and matters within the officer’s official functions.

An ordinary witness gives evidence based on matters personally perceived or otherwise within the witness’s competence.

Section 328 provides a special procedural mechanism for evidence from the specified Mint officers.

Written Evidence and Personal Examination

Section 328 facilitates the use of the officer’s written evidence without necessarily requiring personal attendance.

However, where the Court considers personal examination necessary, the officer may be required to appear.

Technical Evidence and Final Finding of Guilt

The evidence of a Mint officer concerns technical or specialised matters.

The officer does not decide whether the accused is guilty. The Court evaluates the technical evidence together with the other evidence and determines the issues before it.

BNSS and CrPC

Section 328 of the BNSS corresponds to Section 292 of the Code of Criminal Procedure, 1973.

The provision substantially continues the earlier CrPC framework relating to evidence of officers of a Mint.

The principal change is the incorporation and renumbering of the provision within the BNSS.

Relationship with BSA

The BNSS provides the procedural framework for criminal proceedings, while the Bharatiya Sakshya Adhiniyam, 2023 governs the general law of evidence.

Section 328 provides the specific procedural mechanism for dealing with evidence of Mint officers. The general principles governing relevance, admissibility and evaluation of evidence continue to operate alongside this provision.

Example

Suppose a criminal case involves a disputed coin and the prosecution relies upon the technical examination conducted by an officer of a Mint.

Instead of requiring the Mint officer to personally attend the Court in every case, the officer’s evidence may be placed before the Court in the manner permitted by Section 328.

If the Court considers personal examination necessary, the officer may be required to appear and give evidence.

Topic at a Glance

• Topic: Evidence of Officers of Mint
• BNSS Section: Section 328
• Nature: Special procedural provision concerning official technical evidence
• Relevant authority: Officer of a Mint
• Purpose: Facilitates proof of technical matters dealt with by Mint officers
• Personal appearance: Not necessarily required in every case
• Court: May require personal examination where necessary
• CrPC Equivalent: Section 292, CrPC, 1973

Quick Revision

• Section 328 BNSS deals with evidence of officers of a Mint.
• It provides a special procedural mechanism for placing the evidence of specified Mint officers before the criminal Court.
• The provision is intended to facilitate the use of specialised technical evidence.
• It reduces the need for personal attendance of the officer in every proceeding.
• The Court may require personal examination where necessary.
• The technical evidence of a Mint officer does not itself determine the guilt or innocence of the accused.
• Section 328 corresponds to Section 292 of the CrPC, 1973.
• General evidentiary principles under the Bharatiya Sakshya Adhiniyam, 2023 continue to apply.

ALSO READ: Section 327 – Identification report of Magistrate

Conclusion

Section 328 BNSS facilitates the use of specialised evidence provided by officers of a Mint in criminal proceedings. By permitting the prescribed official evidence to be used without requiring personal attendance in every case, the provision promotes procedural efficiency while preserving the Court’s ability to require personal examination where necessary.