Code: Section 330 BNSS
330. (1)
Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused or the advocate for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document soon after supply of such documents and in no case later than thirty days after such supply:
Provided that the Court may, in its discretion, relax the time limit with reasons to be recorded in writing:
Provided further that 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.
(2) The list of documents shall be in such form as the State Government may, by rules, provide.
(3) Where the genuineness of any document is not disputed, such document may be read in evidence in inquiry, trial or other proceeding under this Sanhita without proof of the signature of the person by whom it purports to be signed:
Provided that the Court may, in its discretion, require such signature to be proved.
Explanation of Section 330 BNSS
Section 330 BNSS sets out the procedural requirements regarding the filing, listing, and admission of documents as evidence in legal proceedings under this Sanhita. The key aspects of this section include:
- Document Listing and Admittance:
When a document is filed by either the prosecution or the accused, its details must be compiled into a list. The concerned party or their advocate is then required to admit or deny the authenticity of each document. This must be done soon after the documents are provided and within a maximum period of thirty days.- Time Flexibility: The Court may relax this thirty-day time limit at its discretion, provided that the reasons for the relaxation are recorded in writing.
- Expert Evidence Limitation:
No expert is to be summoned to appear in Court solely based on their report unless that report is contested by one of the parties. This ensures that expert testimony is only sought when necessary to resolve genuine disputes. - Form of Document List:
The format of the document list is to be as prescribed by rules made by the State Government, ensuring consistency and compliance with statutory requirements. - Genuineness of Documents:
If the genuineness of a document is not disputed, it can be admitted into evidence without the need for additional proof of the signature on the document. However, the Court retains the discretion to require proof of the signature if it deems it necessary.
This section streamlines the process of admitting documentary evidence while providing mechanisms to ensure the authenticity of such evidence, thereby promoting efficient and fair judicial proceedings.
Illustration
Example 1: Document Filing and Admission
In a criminal trial, the prosecution files several documents as evidence. The documents are listed as required by Section 330. Within the stipulated thirty days, the prosecution admits the genuineness of all the documents. Since there is no dispute regarding the authenticity, the documents are read into evidence without the need to prove the signatures. The Court accepts the documents as valid evidence, thereby expediting the proceedings.
Example 2: Disputed Document and Expert Report
In another case, the accused files a document which is subsequently listed. The defense denies the genuineness of the document, prompting the Court to call for an expert examination of the document’s authenticity. However, if the expert report is not disputed by the prosecution, the Court may decide not to summon the expert, or may require further proof of the signature if it finds the matter necessary for a fair decision.
Common Questions and Answers on Section 330 BNSS
1. What must be done when a document is filed before the Court?
- Answer:
The particulars of each document must be included in a list, and the filing party or their advocate must be called upon to admit or deny its genuineness within thirty days of the document’s supply.
2. Can the Court extend the thirty-day period for admitting documents?
- Answer:
Yes, the Court may relax the thirty-day limit at its discretion, provided that the reasons for such relaxation are recorded in writing.
3. Under what condition can a document be read into evidence without proof of signature?
- Answer:
If the genuineness of a document is not disputed, it may be read into evidence without proof of the signature, unless the Court decides otherwise.
4. When will an expert be called to appear regarding a document?
- Answer:
An expert shall only be called to appear if the report concerning the document is disputed by any of the parties to the trial.
5. How is the list of documents determined?
- Answer:
The list of documents must be in the form provided by the rules made by the State Government.
Conclusion
Section 330 BNSS provides a structured and efficient procedure for handling documentary evidence in legal proceedings. By mandating the listing and timely verification of documents and allowing the Court discretion in extending time limits and requiring additional proof, this section ensures that the evidentiary process is both streamlined and rigorous. This balance of efficiency and reliability is crucial for maintaining the integrity of judicial proceedings under the Sanhita. For more legal insights and detailed guidance on evidence procedures,