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Bengal Presidency - Section

Section 640 in Police Regulations, Bengal , 1943

640. Procedure for requisitioning the services of the handwriting expert.

- When the opinion or evidence of a handwriting expert is considered necessary by any judicial officer in a criminal case, a report should be sent by, or through the District Magistrate to the Deputy Inspector-General, Criminal Investigation Department, informing him at the same time of the date by which the opinion of the expert will be required. If the services of the Government expert attached to the Criminal Investigation Department are available or can be made available by the date mentioned, the Deputy Inspector-General will arrange for that officer to do the preliminary work, calling for the necessary documents to be examined by the expert who will give an opinion and, if necessary, give evidence in Court. Otherwise the Deputy Inspector-General will refer the matter to the Superintendent and Remembrancer of Legal Affairs, who will, on his authority, arrange for the engagement of a private expert, if he is satisfied that expert opinion is required to meet the ends of justice in the case and determine the scale of fees to be paid to such experts. The fees charged by such an expert for appearance before a Court as a witness are debitable to the allotment for "Diet and travelling allowance of witnesses" of the officer at whose instance the requisition is made, or to his allotment for "Other contingent charges" if the fees are paid for obtaining his opinion. In making their report to the Deputy Inspector-General, District Officers should mention the state of their allotments under these heads.The scale of fees for the Government expert when his services are available in private cases is as follows :-
(i)for giving opinion - a minimum fee of Rs. 40 per case;
(ii)for giving evidence in Court - a fee of Rs. 40 per case per diem;
(iii)for photographic enlargement - Rs. 5 for each copy of enlargement.
The usual travelling allowance of the expert and his pay for the period of his absence from headquarters should also be borne by the party concerned.[See Appendix XVII, paragraph 231.