BNSS Section 329 - Reports of certain Government scientific experts

Description of BNSS Section 329 - Reports of certain Government scientific experts
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(1) Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this Sanhita, although such Magistrate is not called as a witness:
Provided that where such report contains a statement of any suspect or witness to which the provisions of section 19, section 26, section 27, section 158 or section 160 of the Bharatiya Sakshya Adhiniyam, 2023, apply, such statement shall not be used under this sub-section except in accordance with the provisions of those sections. -
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject-matter of the said report.
(3) Where any such expert is summoned by a Court, and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf.
(a) any Chemical Examiner or Assistant Chemical Examiner to Government;
(b) the Chief Controller of Explosives;
(c) the Director of the Finger Print Bureau;
(d) the Director, Haffkeine Institute, Bombay;
(e) the Director, Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory;
(f) the Serologist to the Government;
(g) any other scientific expert specified or certified, by notification, by the State
(4) This section applies to the following Government scientific experts, namely:—
Section | Offence | Punishment | Cognizance | Bail | Triable |
---|---|---|---|---|---|
329(1) | Lurking house-trespass or house breaking. | N/A | Cognizable | Non bailable | Any Magistrate |
329(2) | Lurking house-trespass or house breaking by night. | N/A | Cognizable | Non bailable | Any Magistrate |
329(3) | Lurking house-trespass or house breaking in order to the commission of an offence punishable with imprisonment. If the offence be theft |
Imprisonment for 3 years and fine. Imprisonment for 10 years and fine. |
Cognizable Cognizable |
Non bailable Non bailable |
Any Magistrate Magistrate of the first class. |
329(4) | Lurking house-trespass or house breaking by night in order to the commission of an offence punishable with imprisonment. If the offence is theft |
Imprisonment for 5 years and fine. Imprisonment for 14 years and fine |
Cognizable Cognizable |
Non bailable Non bailable |
Magistrate of the first class. Magistrate of the first class. |
329(5) | Lurking house-trespass or house breaking after preparation made for causing hurt, assault, etc | Imprisonment for 14 years and fine. | Cognizable | Non bailable | Magistrate of the first class. |
329(6) | Lurking house-trespass or house breaking by night, after preparation made for causing hurt, etc. | Imprisonment for 14 years and fine. | Cognizable | Non bailable | Magistrate of the first class. |
329(7) | Grievous hurt caused whilst committing lurking house-trespass or house-breaking. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable | Non bailable | Court of Session. |
329(8) | Death or grievous hurt caused by one of several persons jointly concerned in house-breaking by night, etc. | Imprisonment for life, or imprisonment for 10 years and fine. | Cognizable | Non bailable | Court of Session. |