336. 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.
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 331 Affidavit in proof of conduct of public servants
Section 332 Evidence of formal character on affidavit
Section 333 Authorities before whom affidavits may be sworn
Section 334 Previous conviction or acquittal how proved
Section 335 Record of evidence in absence of accused
Section 336 Evidence of public servants, experts, police officers in certain cases
Section 337 Person once convicted or acquitted not to be tried for same offence
Section 338 Appearance by Public Prosecutors
Section 339 Permission to conduct prosecution
Section 340 Right of person against whom proceedings are instituted to be defended