Section 331 – Affidavit in Proof of Conduct of Public Servants

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Introduction

Section 331 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the use of an affidavit to prove facts relating to the conduct of a public servant.

Contents

The provision applies when an application is made before a Court during an inquiry, trial or other proceeding under the BNSS and allegations concerning a public servant are made in that application.

The applicant may prove the facts stated in the application through an affidavit. The Court may also direct that evidence relating to those facts be given by affidavit.

Statutory Provision

Section 331, BNSS, 2023 – Affidavit in proof of conduct of public servants

When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Sanhita, and allegations are made therein respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given.

Meaning of the Provision

Section 331 provides a simplified method of presenting evidence concerning allegations made against a public servant.

Instead of requiring the applicant to establish every such fact through immediate oral testimony, the applicant may place the evidence in the form of an affidavit.

The provision therefore facilitates the presentation of evidence concerning the conduct of public servants during criminal proceedings.

Essential Elements

1. There Must Be an Application Before a Court

The provision operates when an application is made to a Court.

The application must arise in the course of:

  • an inquiry;
  • a trial; or
  • any other proceeding under the BNSS.

2. Allegations Must Concern a Public Servant

The application must contain allegations respecting a public servant.

The provision is therefore specifically concerned with allegations relating to the conduct of public servants.

3. Applicant May Give Evidence by Affidavit

The applicant may give evidence of the facts alleged in the application by affidavit.

The affidavit therefore serves as a means of placing evidence before the Court concerning the facts stated in the application.

4. Court May Direct Evidence by Affidavit

The Court has the discretion to order that evidence relating to those facts be given by affidavit.

The Court may exercise this power when it considers the affidavit procedure appropriate.

Procedure

The operation of Section 331 can be understood as follows:

  1. An application is made before a Court.
  2. The application is made during an inquiry, trial or other proceeding under the BNSS.
  3. The application contains allegations concerning a public servant.
  4. The applicant may give evidence regarding the alleged facts by affidavit.
  5. The Court may also direct that evidence relating to those facts be given by affidavit.
  6. The affidavit is then dealt with according to the applicable procedural and evidentiary rules.

Purpose of Section 331

The principal purpose of Section 331 is procedural convenience and efficiency.

Where allegations concerning the conduct of a public servant arise in an application before the Court, the provision permits the relevant facts to be placed before the Court through an affidavit.

This can reduce unnecessary formal oral evidence where the affidavit procedure is considered appropriate.

Discretion of the Court

Section 331 uses the expression “may, if it thinks fit” in relation to the Court’s power.

Therefore, the Court has discretion to order that evidence relating to the alleged facts be given by affidavit.

The provision does not require the Court to insist upon affidavit evidence in every case involving allegations against a public servant.

Important Distinction

Affidavit as a Mode of Giving Evidence

Section 331 provides a procedural method for giving evidence concerning facts alleged in an application.

It does not mean that every allegation made against a public servant is automatically proved merely because it appears in an affidavit.

The facts must still be considered and evaluated by the Court according to the applicable law.

Allegation and Proof

An allegation is merely an assertion of a fact.

Section 331 permits evidence concerning the alleged facts to be given by affidavit. The affidavit is therefore a means of presenting evidence; it does not by itself make the allegation conclusively established.

Relationship with Section 332

Section 331 should be distinguished from Section 332 BNSS, which deals with evidence of a formal character on affidavit.

Section 331 specifically concerns evidence relating to allegations respecting a public servant made in an application.

Section 332, on the other hand, provides a broader mechanism for evidence of a person whose evidence is of a formal character to be given by affidavit.

Thus, the two provisions deal with different situations.

Relationship with Section 333

Section 333 BNSS deals with the authorities before whom affidavits may be sworn or affirmed.

Therefore:

  • Section 331 deals with affidavit evidence concerning the conduct of public servants.
  • Section 332 deals with evidence of a formal character on affidavit.
  • Section 333 deals with the authorities before whom affidavits may be sworn or affirmed.

BNSS and CrPC

Section 331 of the BNSS corresponds to Section 295 of the Code of Criminal Procedure, 1973.

The provision has substantially retained the same language and principle as the earlier CrPC provision.

The principal change is the renumbering from Section 295 of the CrPC to Section 331 of the BNSS and the replacement of references to the Code with references to the Sanhita.

Relationship with BSA

The BNSS governs criminal procedure, while the Bharatiya Sakshya Adhiniyam, 2023 governs the law of evidence.

Section 331 provides the procedural mechanism for giving evidence by affidavit in the specified situation.

The evidentiary value, relevance and admissibility of the facts stated in the affidavit remain subject to the applicable law of evidence.

Example

Suppose an applicant makes an application before a criminal Court during an ongoing proceeding and alleges that a particular public servant acted improperly in connection with the matter.

The applicant may give evidence concerning the facts alleged in the application by way of an affidavit.

The Court may also, if it considers appropriate, direct that evidence relating to those facts be given by affidavit.

The Court will then assess the evidence in accordance with the applicable law.

Common Confusions

Does Section 331 automatically prove allegations against a public servant?

No.

The section merely provides a mode of giving evidence by affidavit. The Court must still evaluate the evidence.

Is an affidavit compulsory in every case involving allegations against a public servant?

No.

The applicant may give evidence by affidavit, and the Court may, if it thinks fit, order that evidence be so given.

Does Section 331 apply to every proceeding?

No.

The provision applies when an application is made to a Court in the course of an inquiry, trial or other proceeding under the BNSS and allegations are made respecting a public servant.

Is Section 331 the same as Section 332?

No.

Section 331 specifically concerns evidence relating to allegations respecting public servants. Section 332 deals with evidence of a formal character given by affidavit.

Topic at a Glance

  • Topic: Affidavit in Proof of Conduct of Public Servants
  • BNSS Section: Section 331
  • Application: Application made before a Court
  • Proceeding: Inquiry, trial or other proceeding under BNSS
  • Subject: Allegations respecting a public servant
  • Applicant’s power: May give evidence of the alleged facts by affidavit
  • Court’s power: May order that evidence relating to those facts be given by affidavit
  • Nature: Procedural provision concerning affidavit evidence
  • CrPC Equivalent: Section 295, CrPC, 1973

Quick Revision

  • Section 331 BNSS deals with affidavit in proof of conduct of public servants.
  • It applies when an application is made before a Court during an inquiry, trial or other proceeding under the BNSS.
  • The application must contain allegations concerning a public servant.
  • The applicant may give evidence of the facts alleged by affidavit.
  • The Court may, if it thinks fit, order that evidence relating to those facts be given by affidavit.
  • The provision does not make the allegations automatically proved.
  • Section 331 is different from Section 332, which deals with evidence of a formal character on affidavit.
  • Section 333 deals with authorities before whom affidavits may be sworn or affirmed.
  • Section 331 corresponds to Section 295 of the CrPC, 1973.

ALSO READ: Section 329 – Reports of certain Government scientific experts

Conclusion

Section 331 BNSS provides a convenient procedural mechanism for proving facts relating to allegations made against public servants in applications before criminal Courts. It permits the applicant to present evidence by affidavit and empowers the Court to direct that such evidence be given in affidavit form. The provision promotes procedural efficiency while leaving the ultimate assessment of the evidence to the Court.

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# Section 332 – Evidence of Formal Character on Affidavit ## Introduction Section 332 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with evidence of a formal character being given by affidavit. The provision allows a person whose evidence is of a formal character to give such evidence by affidavit. The affidavit may then be read as evidence in an inquiry, trial or other proceeding under the BNSS, subject to all just exceptions. The provision also protects the rights of the prosecution and the accused by allowing the Court to summon and examine the person who has given the affidavit. ## Meaning of Evidence of Formal Character Evidence of a formal character refers to evidence relating to matters that are formal, routine or official in nature and which generally do not require extensive oral examination. Section 332 provides a simplified method of presenting such evidence through an affidavit instead of requiring the person to appear personally before the Court in every case. The main purpose is to reduce unnecessary delay and formalities in criminal proceedings. ## Statutory Basis **Section 332, BNSS, 2023 – Evidence of formal character on affidavit** The section provides that: * A person whose evidence is of a formal character may give that evidence by affidavit. * The affidavit may be read as evidence in an inquiry, trial or other proceeding. * The Court may summon and examine the person concerning the facts stated in the affidavit. * The Court shall summon and examine the person when the prosecution or the accused applies for such examination. ## Essential Elements ### 1. Evidence Must Be of a Formal Character The provision applies where the evidence of the concerned person is of a formal character. It is not intended to replace ordinary oral evidence in every criminal case. ### 2. Evidence May Be Given by Affidavit The person may provide the formal evidence in the form of an affidavit. This avoids the necessity of personal appearance merely for proving formal matters. ### 3. Affidavit May Be Read in Evidence The affidavit may be read as evidence in: * an inquiry; * a trial; or * any other proceeding under the BNSS. However, the affidavit is subject to all just exceptions. ### 4. Court May Summon the Deponent The Court may, if it thinks fit, summon and examine the person who made the affidavit concerning the facts stated in it. ### 5. Court Shall Summon on Application If the prosecution or the accused applies for the examination of the person who made the affidavit, the Court shall summon and examine that person concerning the facts contained in the affidavit. ## Procedure The procedure under Section 332 can be understood as follows: 1. A person has evidence of a formal character relevant to a criminal proceeding. 2. The person gives the evidence by affidavit. 3. The affidavit is placed before the Court. 4. The affidavit may be read as evidence, subject to all just exceptions. 5. The Court may itself decide that the deponent should be summoned and examined. 6. If the prosecution or accused applies for examination, the Court shall summon the deponent. 7. The Court examines the person concerning the facts stated in the affidavit. 8. The Court considers the affidavit and any examination of the deponent along with the other evidence. ## Purpose of Section 332 The main objectives of Section 332 are: * to reduce unnecessary personal attendance of witnesses; * to simplify proof of formal matters; * to save judicial time; * to reduce procedural delays; * to facilitate speedy disposal of criminal proceedings; and * to preserve the right of the prosecution and accused to seek examination of the deponent. ## Powers of the Court Section 332 gives the Court both discretionary and mandatory powers. ### Discretionary Power The Court may summon and examine the person who has given the affidavit if it thinks fit. This allows the Court to obtain clarification or further information whenever necessary. ### Mandatory Power When the prosecution or accused applies for examination of the deponent, the Court shall summon and examine that person concerning the facts contained in the affidavit. Therefore, both sides have the right to seek examination of the person whose affidavit is being relied upon. ## Rights of the Accused The accused has an important safeguard under Section 332. If the accused wishes to examine the person who has given the affidavit, the accused may apply to the Court. Upon such application, the Court is required to summon and examine the person concerning the facts contained in the affidavit. ## Rights of the Prosecution The prosecution has the same right. If the prosecution considers examination of the deponent necessary, it may apply to the Court. The Court shall then summon and examine the person concerning the facts stated in the affidavit. ## Meaning of "Subject to All Just Exceptions" The affidavit may be read in evidence subject to all just exceptions. This means that Section 332 does not override the general rules governing admissibility of evidence. The filing of an affidavit does not automatically make every statement contained in it admissible or conclusive. The Court must still consider the applicable rules of evidence. ## Important Distinctions ### Formal Evidence and Substantive Evidence Formal evidence generally concerns routine or official matters. Substantive evidence may concern disputed facts requiring detailed examination. Section 332 specifically deals with evidence of a **formal character**. ### Affidavit and Oral Evidence Section 332 allows formal evidence to be presented through an affidavit. However, the person may still be summoned and examined by the Court. This is especially important when the prosecution or accused requests examination. ### Section 331 and Section 332 These two provisions should not be confused. **Section 331:** Deals specifically with affidavit in proof of the conduct of public servants where allegations concerning a public servant are made in an application. **Section 332:** Deals generally with evidence of a formal character being given by affidavit. Therefore, Section 332 is broader and is not limited to public servants. ## Relationship with Section 333 Section 333 BNSS deals with the authorities before whom affidavits may be sworn or affirmed. The provisions can be remembered together: * **Section 331:** Affidavit in proof of conduct of public servants. * **Section 332:** Evidence of formal character on affidavit. * **Section 333:** Authorities before whom affidavits may be sworn. ## BNSS and CrPC Section 332 of the BNSS corresponds to **Section 296 of the Code of Criminal Procedure, 1973**. The basic principle has been substantially retained. Both provisions provide for: * evidence of a formal character by affidavit; * reading of the affidavit as evidence; * the Court's power to summon and examine the deponent; and * mandatory examination when the prosecution or accused applies. ## Relationship with BSA The BNSS deals with criminal procedure, while the Bharatiya Sakshya Adhiniyam, 2023 deals with the law of evidence. Section 332 provides the procedural mechanism for presenting formal evidence through an affidavit. It does not mean that every fact stated in the affidavit automatically becomes admissible or conclusive. The relevance, admissibility and evidentiary value of the material continue to be determined according to the applicable law of evidence. ## Example Suppose an officer has to provide formal evidence concerning an official record in a criminal proceeding. Instead of requiring the officer to personally appear before the Court merely to establish the formal facts, the officer may provide the evidence through an affidavit under Section 332. The affidavit may be read as evidence. If the accused considers examination of the officer necessary, the accused may apply to the Court. The Court shall then summon and examine the officer concerning the facts contained in the affidavit. ## Common Confusions ### Does every witness have the right to give evidence by affidavit? **No.** Section 332 applies specifically to a person whose evidence is **of a formal character**. ### Can the Court refuse to examine the deponent when the accused applies? **No.** When the accused or prosecution applies for examination, the Court shall summon and examine the person concerning the facts contained in the affidavit. ### Does filing an affidavit mean that the deponent can never be examined? **No.** The Court may summon and examine the deponent, and examination becomes mandatory when the prosecution or accused applies. ### Is Section 332 limited to public servants? **No.** Section 332 applies to a person whose evidence is of a formal character. Section 331 specifically concerns allegations relating to public servants. ## Topic at a Glance * **Topic:** Evidence of Formal Character on Affidavit * **BNSS Section:** Section 332 * **Nature:** Procedural provision concerning affidavit evidence * **Relevant person:** Person whose evidence is of a formal character * **Mode of evidence:** Affidavit * **Use:** Affidavit may be read as evidence * **Limitation:** Subject to all just exceptions * **Court's power:** May summon and examine the deponent * **Application by prosecution or accused:** Court shall summon and examine the deponent * **CrPC Equivalent:** Section 296, CrPC, 1973 ## Quick Revision * Section 332 BNSS deals with **evidence of formal character on affidavit**. * Evidence of a formal character may be given by affidavit. * The affidavit may be read as evidence in an inquiry, trial or other proceeding. * The affidavit is subject to **all just exceptions**. * The Court may summon and examine the person who gave the affidavit. * The Court **shall** summon and examine the person when the **prosecution or accused applies**. * Section 332 is not restricted to public servants. * Section 331 deals specifically with affidavits concerning the conduct of public servants. * Section 333 deals with authorities before whom affidavits may be sworn or affirmed. * Section 332 corresponds to **Section 296 of the CrPC, 1973**. ## Conclusion Section 332 BNSS provides a convenient procedure for presenting formal evidence through affidavits. It reduces the need for personal attendance in matters that are formal in nature while preserving the right of the prosecution and accused to seek examination of the deponent. The provision therefore balances **procedural efficiency, reduction of unnecessary delay, and the right to examine relevant evidence**. bnss-section-332-affidavit-evidence Section 332 BNSS permits evidence of a formal character to be given by affidavit and allows the Court to summon and examine the deponent when necessary or when requested by the prosecution or accused. Section 332 BNSS, evidence of formal character on affidavit, Section 332 BNSS notes, affidavit evidence BNSS 2023, formal evidence by affidavit, Section 332 explained, Section 296 CrPC, BNSS and CrPC comparison
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