Open Access Research Article

THE USE OF EXPERT REPORTS AND AFFIDAVITS IN CRIMINAL PROCEEDINGS UNDER THE BNSS, 2023

Author(s):
D.BALAJI
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 7
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Abstract

The enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), replacing the Code of Criminal Procedure, 1973 (CrPC), marks a structural shift toward institutionalized forensic integration, digitized evidence, and expedited criminal trials in India. Central to this transition is the streamlined reception of opinion and formal proof: the admissibility of government scientific expert reports without the mandatory attendance of the author, the mandatory collection of forensic materials at crime scenes, and the expanded reliance on affidavit evidence. This paper examines the statutory framework governing expert reports (Section 329 and Section 336 of BNSS) and evidence by affidavit (Sections 332, 333, and 335 of BNSS). It explores the interplay between BNSS and the BSA 2023, critically analyzes constitutional fair-trial safeguards under Article 21, scrutinizes exceptions to the oral testimony requirement, and evaluates the delicate balance between procedural expedition and the accused’s inviolable right to cross-examination. Interrogating established Supreme Court jurisprudence alongside the new provisions of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the article examines chain of custody, the advisory nature of expert conclusions, and the non-derogable right of cross-examination under Section 333(2) and Section 336(2). It concludes with structural recommendations to safeguard adversarial integrity in modern, forensics-driven criminal adjudications.

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Authors: D.BALAJIRegistration ID: 1013403 | Published Paper ID: IJLRA13403Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 1732-1742

Article Information

THE USE OF EXPERT REPORTS AND AFFIDAVITS IN CRIMINAL PROCEEDINGS UNDER THE BNSS, 2023

Authors: D.BALAJI

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 7
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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