Karnataka High Court Mandates Admitting, Marking Of Undisputed Documents Under S.330(3) BNSS To Ensure Speedy Trial

The Karnataka High Court has mandated all the trial courts in the State to adhere to Section 330 BNSS, corresponding to Section 294(3) CrPC, to ensure the fundamental right to a speedy trial.

Under Section 330(3) of the BNSS, if the genuineness of a document is undisputed, it can be admitted as evidence in any inquiry, trial or other proceeding under BNSS without formally proving the signature of its author.Provided that the Court may, in its discretion, require such signature to be proved.

Disposing of a petition filed by a government official seeking to quash a 10-year-old CBI charge sheet on grounds of delay, a Single-Judge Bench of Justice V. Srishananda observed,

“It is the experience of this court that provisions of Section 294(3) of Cr.P.C corresponding to Section 330(3) of BNSS is hardly put to use. Therefore, it is just and necessary for this Court to direct all the trial judges to adhere to the mandate in Section 294(3) of Cr.P.C, corresponding to Section 330(3) of BNSS, in all pending trials.”

Noting the voluminous evidence placed in CBI case and the inordinate delay caused by it, the High Court said, “In almost all trials especially in CBI cases where voluminous documents are placed on record to establish the case of the prosecution. Many times the voluminous documents contain some documents for which there cannot be any dispute as to its genuineness and for placing those documents or exhibits have to be marked in the case, witnesses are to be called and they need to be examined formally.”

To “obviate such procedural formalities”, the Court noted that compliance under Section 207 CrPC (Section 230 BNSS) in police-instituted cases and Section 208 CrPC (Section 231 BNSS) in private complaints must be ensured. The provision deal with the supply of necessary case documents and witness statements to the accused and the victim to ensure a fair trial.

The Court further mandated that compliance with Section 330(3) of BNSS should be carried out in the early stage of trial, which could lead to reduced number of witnesses and a faster trial process.

“In fact, such an exercise shall be carried out at the commencement of the trial itself, so that the documents which are not disputed by the accused party can be marked by consent of both the parties, which would facilitate the prosecution to drop good number of witnesses, which will further ensure the laudable object of the Constitution of India namely speedy trial which is also recognized as fundamental right,” the High Court said.

Refusing to quash the charge sheet, the High Court granted time to conclude the trial by the end of December 2026 and directed both parties to cooperate, admit and mark the undisputed documents, and drop unnecessary witnesses.

The High Court further directed that a copy of the order be circulated to all District Courts and the Karnataka Judicial Academy, subject to the approval of the Chief Justice.

Case: C SWAMY VS CENTRAL BUREAU OF INVESTIGATION & ANOTHER

WRIT PETITION NO. 10693 OF 2023 (GM-RES)

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