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Where any document
or report prepared by a public servant, scientific expert or medical officer is purported to be used as evidence
in any inquiry, trial or other proceeding under this Sanhita, and---
(i) such public servant, expert or officer is either transferred, retired, or died; or
(ii) such public servant, expert or officer cannot be found or is incapable of giving deposition; or
(iii) securing presence of such public servant, expert or officer is likely to cause delay in holding
the inquiry, trial or other proceeding, the Court shall secure presence of successor officer of such public
servant, expert, or officer who is holding that post at the time of such deposition to give deposition on
such document or report:
Provided that no public servant, scientific expert or medical officer shall be called to appear before the
Court unless the report of such public servant, scientific expert or medical officer is disputed by any of the
parties of the trial or other proceedings:
Provided further that the deposition of such successor public servant, expert or officer may be allowed
through audio-video electronic means.
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