(1)

Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this Code, although such Magistrate is not called as a witness :

Provided that where such report contains a statement of any suspect or witness to which the provisions of Section 21, Section 32, Section 33, Section 155 or Section 157, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), apply, such statement shall not be used under this sub-Section except in accordance with the provisions of those Sections.

(2)

The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject-matter of the said report.]

[*Section 25 of the Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005) which amended Section 292, Cr.P.Code, 1973 has been omitted by Section7 of the Criminal Law (Amendment) Act, 2005 (2 of 2006) (w.e.f. 16-4-2006).]292. [ Evidence of officers of the Mint.

(1)

Any document purporting to be a report under the hand of any such [officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the officer of the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic Science Laboratory or any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents, as the case may be,] [Substituted by Act 2 of 2006, Section 5, for beginning with the words "Gazetted Officer " and ending with the brackets and words "(including the officer of the Controller of Stamps and Stationery)" (w.e.f. 16-4-2006).] as the Central Government may, by notification, 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 General Manager or any officer in charge of any Mint or of any Note Printing Press or of any Security Printing Press or of any Forensic Department or any officer in charge of the Forensic Science Laboratory or of the Government Examiner of Questioned Documents Organisation or of the State Examiner of Questioned Documents Organisation, as the case may be,] [ Substituted by Act 2 of 2006, Section 5, for beginning with the words "except with " and ending with wordsas the case may be] be permitted-

(a) to give any evidence derived from any unpublished official 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 examination of the matter or thing.