Code:
(1) Any document purporting to be a report under the hand of any such 1[officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the officer of the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic Science Laboratory or any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents, as the case may be,] as the Central Government may, by notification, specify in this behalf, upon any matter or thing duly submitted to him for examination and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code, although such officer is not called as a witness.
(2) The Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of his report:
Provided that no such officer shall be summoned to produce any records on which the report is based.
(3) Without prejudice to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), no such officer shall, 1[except with the permission of the General Manager or any officer in charge of any Mint or of any Note Printing Press or of any Security Printing Press or of any Forensic Department or any officer in charge of the Forensic Science Laboratory or of the Government Examiner of Questioned Documents Organisation or of the State Examiner of Questioned Documents Organisation, as the case may be,] be permitted—
(a) to give any evidence derived from any unpublished official records on which the report is based; or
(b) to disclose the nature or particulars of any test applied by him in the course of the examination of the matter or thing.
Explanation:
This section states that in any proceeding under the Indian Coinage Act, 1906, or under any other law for the time being in force relating to coins, any officer of the Indian Mint may, without prejudice to any other provision of this Code, be compelled to produce any books or documents in his custody or under his control relating to the manufacture of coins, and may be examined as a witness.
This section essentially empowers the courts to summon Mint officers to provide evidence in cases involving counterfeit coins or other offenses related to coinage.
Illustration:
Imagine a situation where someone is caught using counterfeit coins. The police investigate the case and believe the counterfeit coins were manufactured in a specific location. To prove this, the police might need evidence from the Indian Mint to confirm the authenticity of the seized coins and to establish a link between the seized coins and the Mint’s production records. In such a case, Section 292 allows the police to summon Mint officers to produce relevant documents and testify in court.
Common Questions and Answers:
Q: What is the purpose of Section 292?
A: Section 292 aims to ensure that the courts have access to crucial evidence from the Indian Mint in cases related to coinage offenses. This helps in establishing the authenticity of coins and investigating any irregularities in the manufacturing process.
Q: Can any Mint officer be summoned?
A: Yes, any Mint officer who has relevant documents or knowledge about the manufacture of coins can be summoned to court under this section.
Q: Can the Mint officer refuse to produce documents or testify?
A: No, the officer is compelled to produce documents and testify under this section, unless there is a legal basis for refusal.
