CrPC Section 293 - Reports of Certain Government Scientific Experts and BNSS Section 329
Section 293 of the Code of Criminal Procedure, 1973 governed the use of reports from specified government scientific experts in criminal proceedings. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 329, which has applied since 1 July 2024, subject to the statutory savings for earlier proceedings.
Meaning of Section 293 CrPC and Section 329 BNSS
These provisions permit a report signed by a qualifying government scientific expert, concerning a matter duly submitted for examination or analysis in a criminal proceeding, to be used as evidence without invariably requiring the expert to appear first. The report is admissible under this procedural rule, but its accuracy, relevance, scientific basis and evidentiary weight can still be questioned.
BNSS Section 329: Explanation of Each Subsection
Section 329(1): Use of scientific reports as evidence
A report made by an expert covered by the section on a matter properly submitted for examination or analysis may be used as evidence in an inquiry, trial or other proceeding under the BNSS. This simplifies the formal proof of qualifying forensic reports; it does not make every report conclusive.
Section 329(2): Court may examine the expert
The court may summon and examine the scientific expert regarding the subject matter of the report whenever it considers examination appropriate, including where clarification of the methodology, observations or conclusions is necessary.
Section 329(3): Appearance through a responsible officer
If the summoned expert cannot personally attend, the expert may depute a responsible officer who works with the expert, knows the facts and can satisfactorily testify. This option is unavailable if the court expressly requires the expert's personal appearance.
Section 329(4): Government scientific experts covered
The provision identifies these categories:
- Chemical Examiner or Assistant Chemical Examiner to Government.
- Chief Controller of Explosives.
- Director of the Finger Print Bureau.
- Director, Haffkeine Institute, Bombay (the designation used in the statutory text).
- Director, Deputy Director or Assistant Director of a Central or State Forensic Science Laboratory.
- Serologist to the Government.
- Any other scientific expert specified or certified by notification of the State Government or Central Government for this purpose.
The final category is important: under BNSS Section 329(4)(g), the relevant State or Central Government may notify additional scientific experts. Whether a particular report qualifies should be checked against the applicable notification and the expert's designation.
CrPC Section 293: Original Provision and Legislative History
Section 293 of the Code of Criminal Procedure, 1973 was titled Reports of certain Government scientific experts. Its four subsections provided for:
- Use of a qualifying government scientific expert's signed report as evidence in an inquiry, trial or other proceeding.
- Discretion of the court to summon and examine the expert about the report.
- Attendance of a knowledgeable responsible officer on the expert's behalf, unless personal appearance was specifically directed.
- Specified categories of government scientific experts, including notified experts.
The provision was amended over time. Act 45 of 1978, Section 21, effective 18 December 1978, added Deputy Directors and Assistant Directors of forensic science laboratories to clause (e). Act 25 of 2005, Section 26, effective 23 June 2006, substituted the Chief Controller of Explosives in clause (b) and inserted clause (g), allowing the Central Government to notify other government scientific experts.
Important difference: CrPC Section 293(4)(g) referred to other Government scientific experts specified by Central Government notification. BNSS Section 329(4)(g) refers to other scientific experts specified or certified by notification of the State Government or Central Government, widening the express notification mechanism.
How Courts Assess Scientific Expert Reports
Forensic evidence can assist in matters involving chemical analysis, fingerprints, serology, toxicology and other scientific examinations. The court considers whether the report is connected to the case, comes from an expert covered by the applicable law, and is supported by reliable collection, preservation and examination procedures.
A party disputing a report may raise concerns about the chain of custody, sample identification, contamination, methodology, inconsistencies or the expert's qualifications. Section 329(2) enables the court to examine the expert where appropriate. Other applicable rules under the Bharatiya Sakshya Adhiniyam, 2023 and procedural safeguards continue to matter.
Transition from CrPC to BNSS
The BNSS came into force on 1 July 2024 and repealed the CrPC subject to savings in Section 531. Pending appeals, applications, trials, inquiries and investigations falling within the savings clause may continue under the former Code. It is therefore important not to assume that every matter heard after 1 July 2024 is governed by BNSS Section 329.
Frequently Asked Questions
What is the equivalent of CrPC Section 293 in the BNSS?
Section 329 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is a forensic science laboratory report automatically conclusive?
No. The provision facilitates its use as evidence, but the court must assess its probative value and may examine the expert.
Can a scientific expert send another officer to court?
Yes, if the statutory conditions in Section 329(3) are satisfied and the court has not directed the expert to attend personally.
Can State Governments notify additional experts?
Yes. Section 329(4)(g) expressly permits notification by the State Government or Central Government.
Official Legal Sources
Editorial note: This article provides general legal information. Consult the statutory text, applicable notifications and case-specific legal advice before relying on a forensic report in litigation.