Write a Short note on the evidence of officers of the Mint.

Question: Write a Short note on the evidence of officers of the Mint.

Find the answer only on Legal Bites. [Write a Short note on the evidence of officers of the Mint.]

Answer

Under Section 292 of the Code, any document which is claimed to be a report under the authority of any such gazetted officer of the Mint or of the India Security Press as the Central Government may 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 proceedings under this Code, although such officer cannot be called as a witness.

The Court if it deems fit, can summon and examine any officer as per the subject matter of his report. However, no such officer shall be compelled to produce any records on which the report is based.

Notwithstanding the provisions of Sections 123 and Section 124 in The Indian Evidence Act, 1872, no officer shall be permitted-

1. To give any evidence derived from unpublished official records on which the report is based;
2. To disclose the nature or particulars of any test applied by him in the course of the examination of the matter or thing.

However, this would not apply if the officer has the permission of the Master of the Mint or the India Security Press, or the Controller of Stamps and Stationery. So, essentially this section deals with admissibility and use of any document purporting to be a report of the officers of the Mint without the examination in the Court of the officer concerned.

The Court is, however, given discretion to summon and examine any such officer as to the subject matter of his report, but the Court has no power to direct such officer to produce any records on which the report is based.

He is also not bound to disclose the nature or particulars of any test applied by him in the course of the examination of the matter or thing or to give any evidence derived from an unpublished official record on which the report is based except with the permission of the officers specified in subsection (3).

It is also to be noted that any report given by a handwriting expert is not the same as evidence and will not be admissible unless the examination of expert himself. The report submitted by certain offices is good evidence provided they are:

• A chemical examiner or his assistant;
• Chief inspector of explosives;
• Director of the fingerprint bureau;
• Any Mint officer.

Hence this separate section was made for the cause of these offices so that while examination they are not compelled to divulge some confidential information on which the report is based.

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