Section 293 – The Code of Criminal Procedure, 1973 (CrPc)

The Code of Criminal Procedure, 1973 (CrPc)

293. Reports of certain Government scientific experts.

(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.]

CrPC (Amendment) Act, 2005 (Notes on Clauses)

The designation “the Chief Inspector of Explosives” appearing in the Indian Explosives Act, 1884 has been changed to “the Chief Controller of Explosives” by the Indian Explosives (Amendment) Act, 1978. Section 293 has been amended to make the consequential amendment where the expression “ the Chief Inspector of Explosives” occurs.

COMMENTS

The court has to accept documents issued by any of the six officers who are mentioned in section 293 as valid evidence without examining the author thereof: Visakha Agro Chemicals (P) Ltd. v. Fertiliser Inspector-cum-Assistant Director of Agriculture (Regular), (1997) 2 Crimes 648 (AP).

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1. Subs. by Act 25 of 2005, sec. 26, for clause “(b) the Chief Inspector of Explosives”.

2. Ins. by Act 45 of 1978, sec. 21 (w.e.f. 18-12-1978).

3. Added by Act 25 of 2005, sec. 26.

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Section 293 – The Code of Criminal Procedure, 1973 (CrPc)

The Code of Criminal Procedure, 1973 (CrPc)

 

 

293. Reports of certain Government scientific experts.

 

(1) Any document purporting to be a report under the band 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;

 

(b) The Chief Inspector of Explosives;

 

(c) The Director of the Finger Print Bureau;

 

(d) The Director, Haffkeine Institute, Bombay;

 

(e) The Director 1[Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State forensic Science Laboratory];

 

(f) The Serologist to the Government.

 

1. Ins. by Act 45 of 1978, Sec. 21 (w.e.f. 18-12-1978).

 

 

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