Section 330 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 330 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 330 of the BNSS, 2023, pertains to the admissibility of certain documents in legal proceedings without the need for formal proof. This provision aims to streamline judicial processes by reducing unnecessary delays associated with verifying the authenticity of documents.
Key Provisions:
List of Documents:
When any document is filed before a court by either the prosecution or the accused, the particulars of each document must be included in a list.
The concerned party or their advocate is required to admit or deny the genuineness of each document soon after its supply and in no case later than thirty days after such supply.
The court may, at its discretion, relax this time limit, provided that reasons are recorded in writing.
No expert shall be called to appear before the court unless the report of such expert is disputed by any of the parties to the trial
Form of Document List:
The list of documents should be in a form as prescribed by the State Government through rules.(
Admissibility Without Formal Proof:
If the genuineness of any document is not disputed, it may be read in evidence in any inquiry, trial, or other proceeding under this Sanhita without proof of the signature of the person by whom it purports to be signed.
However, the court may, at its discretion, require such signature to be proved.
Purpose:
This section seeks to expedite legal proceedings by allowing certain documents to be admitted without the need for formal proof, provided their authenticity is not contested. By doing so, it reduces procedural delays and promotes efficiency in the judicial process.
Example:
In a criminal trial, the prosecution submits a bank statement as evidence. If the defense does not dispute the authenticity of the document within the stipulated time frame, the court may accept the bank statement without requiring further proof of the signature.
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