Right to Cross-Examine FSL Expert Under Section 348 BNSS Cannot Be Denied Merely Because Prosecution Did Not Examine the Witness
Case Name: Deepak Kumar @ Kartik Giri v. State of Punjab
Date of Judgment: 03 July 2026
Citation: CRM-M-32222-2026
Bench: Hon’ble Mrs. Justice Manisha Batra
Held: The Punjab & Haryana High Court held that the power under Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 311 CrPC) is of the widest amplitude and empowers the trial court to summon any person as a witness if such evidence is essential for arriving at a just decision. Merely because the prosecution has not examined the author of an FSL report does not preclude the court from summoning the expert and permitting cross-examination. Denial of such opportunity would adversely affect the accused’s right to a fair trial.
Summary: The petitioner was facing trial in an NDPS case involving the alleged recovery of two kilograms of charas. The prosecution relied upon an FSL report identifying the recovered substance as charas. During trial, the petitioner sought summoning of the Scientific Officer who prepared the report for cross-examination under Section 348 BNSS, contending that the FSL report contained findings which required clarification and testing during trial.
The Special Court rejected the application solely on the ground that the Scientific Officer had never been examined as a prosecution witness and therefore could not be cross-examined.
Allowing the petition, the High Court observed that Section 348 BNSS expressly empowers the court to summon any person whose evidence is necessary for a just decision, irrespective of whether such person has already been examined by either party. Since the FSL report constituted a vital piece of evidence and the petitioner disputed its correctness, the author of the report was a material witness whose examination could not be denied merely because the prosecution chose not to examine her.
The Court reiterated that the objective of Section 348 BNSS is to discover the truth and ensure a fair trial, relying upon the Supreme Court decisions in Zahira Habibulla H. Sheikh v. State of Gujarat and Mannan Sk. v. State of West Bengal regarding the expansive scope of the court’s power to summon witnesses essential for justice.
Decision: Allowing the petition, the Punjab & Haryana High Court set aside the order dated 20.05.2026 passed by the Special Court, Ludhiana, which had rejected the petitioner’s application under Section 348 of the BNSS. The Court directed the trial court to summon the Scientific Officer, as a Court witness, if required, or otherwise secure her presence in accordance with law and provide the petitioner an effective opportunity to cross-examine her with respect to the FSL report relied upon by the prosecution.