CrPC Section 292: Evidence of Officers of the Mint and BNSS Section 328

Section 292 of the Code of Criminal Procedure, 1973 (CrPC) provided a special evidentiary rule for reports of specified Mint, note-printing, security-printing and forensic officers. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is Section 328.

What does Section 292 CrPC provide?

Section 292 allows reports made by officers specified through a Central Government notification, on matters duly submitted for examination in proceedings under the CrPC, to be used as evidence even if the officer who prepared the report is not called to testify. It also gives the court power to summon the officer, while restricting demands for underlying official records and disclosure of protected testing information.

Section 292 CrPC: Explanation of the three subsections

Subsection (1): Admissibility of the report

A report signed by a qualifying notified officer may be received in an inquiry, trial or other proceeding under the Code without first examining that officer as a witness. The covered institutions include a Mint, Note Printing Press, Security Printing Press (including the Controller of Stamps and Stationery), forensic departments or forensic science laboratory divisions, and government or state examiners of questioned documents. The statutory notification and proper submission of the material remain important conditions.

Subsection (2): Power of the court to summon the officer

The court may summon and examine the officer concerning the subject matter of the report if it considers this appropriate. The proviso states that the officer cannot be summoned to produce the records on which the report is based. Admission of a report does not prevent the court from scrutinising its contents and evidentiary weight.

Subsection (3): Protection of official records and testing methods

Subject to the relevant official-record privileges, the officer cannot, without the permission of the specified head or officer in charge of the organisation, give evidence derived from unpublished official records supporting the report or disclose the nature or particulars of tests applied during examination. Under the former law, this subsection referred to Sections 123 and 124 of the Indian Evidence Act, 1872, concerning evidence as to affairs of State and official communications.

Current law: Section 328 of the BNSS, 2023

Section 328(1) permits a report signed by a gazetted officer of a specified Mint, note-printing, security-printing or forensic establishment, or an identified questioned-document examiner, as notified by the Central Government, to be used in evidence without the officer being called as a witness. This gazetted-officer wording should be checked carefully when applying the new law.

Section 328(2) authorises the court to summon and examine the officer about the report, but preserves the restriction on compelling production of the records on which it is based.

Section 328(3) restricts disclosure of unpublished official records and test particulars without the prescribed permission. It expressly preserves Sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023, which concern evidence as to affairs of State and official communications, respectively.

Read the full official text in the National Crime Records Bureau BNSS compilation or the official Gazette copy of the BNSS.

CrPC Section 292 and BNSS Section 328: Key legal points

Practical application in criminal trials

These provisions can be relevant where disputed currency, security printing, stamps, documents or examined materials require a report from an authorised specialist. A party relying on the report should establish that the officer falls within the notified category, that the material was duly submitted, and that the report relates to the matter before the court.

The court may consider whether the report is sufficiently clear, whether its conclusions are supported by the material described and whether examination of the author is needed. The rule concerns use of a report as evidence; it does not make every opinion conclusive or dispense with the court's assessment of reliability.

Legislative history and transitional application

The original CrPC provision was amended by the Criminal Law (Amendment) Act, 2005 (Act 2 of 2006), Section 5, with effect from 16 April 2006, expanding the relevant officer and institutional descriptions. The CrPC was subsequently replaced for new-law purposes by the BNSS, effective 1 July 2024, subject to its savings and transitional arrangements.

For proceedings pending before commencement, consult Section 531 BNSS and any applicable judicial interpretation before deciding whether the earlier CrPC rule or the BNSS governs a particular procedural step.

Frequently asked questions

What is the new BNSS section corresponding to CrPC Section 292?

It is Section 328 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled "Evidence of officers of Mint".

Is an officer required to attend court for every report?

No. A qualifying report may be used without initially calling the officer, although the court may summon and examine the officer regarding its subject matter.

Can the court require the officer to produce the underlying records?

The express proviso to subsection (2) prevents summoning the officer to produce records on which the report is based. Other questions about evidence and disclosure must be considered under the applicable law.

Are the officer's conclusions automatically binding?

No. The provision facilitates use of qualifying reports as evidence; it does not make their conclusions automatically decisive.

Official legal references

• India Code: Central Acts and statutory texts
• NCRB: Bharatiya Nagarik Suraksha Sanhita, 2023
• NCRB: Compendium of new criminal laws and corresponding sections
• Government-hosted Gazette text of the BNSS

Updated: 18 October 2026. This article provides general legal information; applicability depends on the facts and procedural status of each case.