Section 336 BNSS: Evidence of Public Servants, Experts and Police Officers in Certain Cases

Section 336 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a practical method for proving certain official, scientific and medical documents or reports when the person who prepared them is unavailable or when securing that person's presence would delay the proceeding.

Bharatiya Nagarik Suraksha Sanhita, 2023 • Act No. 46 of 2023 • In force from 1 July 2024 • Updated 11 September 2026

Text of Section 336 BNSS

336. Evidence of public servants, experts, police officers in certain cases. Where any document or report prepared by a public servant, scientific expert or medical officer is purported to be used as evidence in any inquiry, trial or other proceeding under this Sanhita, and-

(i) such public servant, expert or officer is either transferred, retired, or died; or

(ii) such public servant, expert or officer cannot be found or is incapable of giving deposition; or

(iii) securing presence of such public servant, expert or officer is likely to cause delay in holding the inquiry, trial or other proceeding,

the Court shall secure presence of successor officer of such public servant, expert, or officer who is holding that post at the time of such deposition to give deposition on such document or report:

Provided that no public servant, scientific expert or medical officer shall be called to appear before the Court unless the report of such public servant, scientific expert or medical officer is disputed by any of the parties of the trial or other proceedings:

Provided further that the deposition of such successor public servant, expert or officer may be allowed through audio-video electronic means.

What Section 336 means

The section addresses situations where an official document or report is to be relied upon, but its original author cannot conveniently testify. Instead of allowing a proceeding to be stalled merely because the author has been transferred, retired, has died, cannot be found, is incapable of giving evidence, or would be difficult to secure without delay, the Court is directed to secure the presence of the successor officer who then holds that post.

The provision is especially relevant to reports prepared by public servants, scientific experts and medical officers. It balances procedural efficiency with the right of a party to dispute a report and require appropriate oral evidence.

Conditions for using the successor officer's evidence

A document or report prepared by a public servant, scientific expert or medical officer is proposed to be used as evidence.
The original author has been transferred, retired or has died; cannot be found; is incapable of giving deposition; or securing the person's presence is likely to delay the proceeding.
The Court may secure the presence of the successor officer holding the relevant post to depose on the document or report.
The original public servant, expert or medical officer is not to be called merely as a matter of routine. The first proviso links such appearance to the report being disputed by a party.
The successor officer's deposition may be permitted through audio-video electronic means.

Meaning of "audio-video electronic" under BNSS

Section 2(1)(a) of the BNSS defines "audio-video electronic" broadly to include the use of communication devices for video conferencing, recording processes such as identification, search and seizure or evidence, transmission of electronic communication, and other prescribed purposes and means. This definition supports the second proviso to Section 336, which permits the successor officer's deposition through audio-video electronic means.

Why Section 336 is important

Section 336 is intended to reduce avoidable delay caused by changes in public office or the unavailability of the person who originally prepared an official report. The provision allows continuity through the successor in office while preserving an opportunity to contest a disputed report. It is therefore both an efficiency provision and an evidentiary safeguard.

Practical point: Whether a particular document is admissible, what weight it carries, and whether further examination is required will still depend on the facts of the case, the nature of the report and the applicable rules of evidence.

Section 336 and the earlier CrPC

Section 336 BNSS is a new provision without a direct corresponding section in the Code of Criminal Procedure, 1973. Its focus is on enabling proof of specified official, scientific and medical reports through the successor officer where the original author is unavailable or securing that person's presence would cause delay.

Official sources

This page provides general legal information and should be read with the current official text, applicable rules, notifications and judicial decisions.