Code
(1) Any document purporting to be a report under the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis 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.
(2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report.
(3) Where any such expert is summoned by a Court, and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf.
(4) This section applies to the following Government scientific experts, namely:—
(a) any Chemical Examiner or Assistant Chemical Examiner to Government;
1[(b) the Chief Controller of Explosives;]
(c) the Director of the Finger Print Bureau;
(d) the Director, Haffkeine Institute, Bombay;
(e) the Director 2 [, Deputy Director or Assistant Director] of a Central Forensic Science Laboratory or a State Forensic Science Laboratory;
(f) the Serologist to the Government;
3[(g) any other Government scientific expert specified, by notification, by the Central Government for this purpose.]
Explain it
- This section empowers the court to call upon the government scientific expert to attend and give evidence, if the court deems it necessary.
- The court may also question the expert about the report or document submitted.
- This gives the parties involved in the case the opportunity to cross-examine the expert.
- This ensures the accuracy and reliability of the scientific evidence presented in court.
Illustrate it
In a murder case, the prosecution may submit a forensic report from the government laboratory. The defense lawyer may doubt the findings of the report and request the court to call the forensic scientist who prepared the report. The court, under Section 293, can call the scientist to the court to give evidence and answer questions from both sides. This ensures transparency and allows for challenging the evidence presented.
Common Questions and Answers
Q: What is the purpose of Section 293?
A: This section ensures the scientific evidence submitted in court is accurate and reliable by allowing for questioning and cross-examination of the expert.
Q: Can the court refuse to call the expert?
A: Yes, the court can choose not to call the expert if it deems it unnecessary.
Q: Who can cross-examine the expert?
A: Both the prosecution and defense lawyers can cross-examine the expert.
