Report No. 25

Appendix I

Proposals as shown in the Form of Draft Amendments to the Code of Criminal Procedure, 1898

(This is a tentative draft only)

Section 509 A (New)

After section 509 of the Code of Criminal Procedure, 1898 (5 of 1898) (hereinafter referred to as the "principal Act"), the following section shall be inserted, namely:-

"509A. 'Evidence of officers of Mint, etc.-(1) Any document purporting to be a report under the hand of any such gazetted officer of the Mint or of the India Security Press including1 the office of the Controller of Stamps and Stationery2 as the Central Government may, by notification in the Official Gazette, 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, except with the permission of the Master of the Mint or the India Security Press3, as the case may be, be permitted-

(a) to give any evidence derived from any unpublished records on which the report is based; or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.".

1. The words "including", etc., have been used following a suggestion made by the Ministry of Finance.

2. It is intended that cartridge papers, etc. which have figured in cases should be covered clearly. (See para. 4). Hence stationery has been specifically mentioned.

3. The wording 'Master of the Mint or the India Security Press' has been used, following a suggestion made by the Ministry of Finance.