Section 333 – Authorities Before Whom Affidavits May Be Sworn

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Introduction

Section 333 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the authorities before whom affidavits may be sworn or affirmed.

Contents

The section also lays down rules regarding the manner in which facts should be stated in an affidavit and gives the Court power to remove scandalous or irrelevant material from an affidavit.

Meaning of Section 333

An affidavit is a written statement made by a person on oath or affirmation.

Section 333 specifies the persons before whom an affidavit intended to be used before a Court under the BNSS may be sworn or affirmed.

The section also ensures that the contents of an affidavit clearly indicate whether the facts are based on personal knowledge or on information and belief.

Authorities Before Whom Affidavits May Be Sworn

An affidavit to be used before any Court under the BNSS may be sworn or affirmed before:

  1. Any Judge
  2. Any Judicial Magistrate
  3. Any Executive Magistrate
  4. Any Commissioner of Oaths appointed by a High Court or Court of Session
  5. Any Notary appointed under the Notaries Act, 1952

These authorities are specifically recognised for the purpose of administering the oath or affirmation.

Essential Elements

1. Affidavit Must Be Intended for Use Before a Court

Section 333 applies to an affidavit that is intended to be used before a Court under the BNSS.

2. Affidavit Must Be Properly Sworn or Affirmed

The affidavit must be sworn or affirmed before one of the authorities recognised under Section 333.

3. Facts Based on Personal Knowledge

Facts which the deponent is able to prove from personal knowledge must be stated separately.

4. Facts Based on Belief

Facts which are based upon the deponent’s belief may also be stated.

However, the deponent must have reasonable grounds for such belief and must clearly state the grounds of that belief.

5. Scandalous or Irrelevant Matter

The Court has the power to order scandalous or irrelevant material contained in an affidavit to be:

  • struck out; or
  • amended.

Procedure

The procedure under Section 333 can be understood as follows:

  1. A person prepares an affidavit for use before a Court.
  2. The person approaches an authority authorised under Section 333.
  3. The affidavit is sworn or affirmed before that authority.
  4. Facts based on personal knowledge are stated separately.
  5. Facts based on belief are stated separately.
  6. The grounds of belief are clearly stated wherever necessary.
  7. The affidavit is submitted before the Court.
  8. If the affidavit contains scandalous or irrelevant material, the Court may order that such material be struck out or amended.

Facts Based on Personal Knowledge

Where the deponent personally knows a particular fact, that fact should be stated as a matter of personal knowledge.

For example:

A person personally saw an event take place.

The fact may be stated on the basis of that person’s own knowledge.

Facts Based on Belief

A person may also state a fact which the person believes to be true, provided there are reasonable grounds for that belief.

However, the grounds of belief must be clearly stated.

This distinction helps the Court understand the basis upon which the deponent has made the statement.

Power of the Court

Section 333 gives the Court the power to control the contents of affidavits.

Striking Out

The Court may order scandalous or irrelevant material to be struck out.

Amendment

The Court may also order such material to be amended.

This ensures that affidavits remain relevant to the issues before the Court.

Scandalous Matter

Scandalous matter generally refers to material that is improper, unnecessarily offensive, abusive or unrelated to the determination of the case.

The Court may remove such material from the affidavit.

Irrelevant Matter

Irrelevant matter is material that has no proper connection with the issues involved in the proceeding.

The Court may order such material to be removed or amended.

Relationship with Section 331

Section 331 BNSS deals with Affidavit in Proof of Conduct of Public Servants.

Section 331 concerns a particular situation involving allegations regarding public servants.

Section 333, on the other hand, deals with the authorities before whom affidavits may be sworn and with the proper contents of affidavits.

Therefore:

Section 331 = Affidavit in proof of conduct of public servants

Section 333 = Authorities before whom affidavits may be sworn

Relationship with Section 332

Section 332 BNSS deals with Evidence of Formal Character on Affidavit.

Section 332 explains when evidence of a formal character may be given by affidavit.

Section 333 explains who may administer the oath or affirmation and how facts in an affidavit should be stated.

Therefore:

  • Section 331: Conduct of public servants.
  • Section 332: Formal evidence by affidavit.
  • Section 333: Authorities before whom affidavits may be sworn.

Important Distinctions

Judge and Magistrate

An affidavit may be sworn or affirmed before a Judge, Judicial Magistrate or Executive Magistrate.

Commissioner of Oaths

A Commissioner of Oaths may administer the oath or affirmation when appointed by a High Court or Court of Session.

Notary

A notary appointed under the Notaries Act, 1952 is also authorised.

Personal Knowledge and Belief

Facts based on personal knowledge and facts based on belief should be clearly distinguished.

Where a statement is based on belief, the grounds of that belief must be stated.

BNSS and CrPC

Section 333 of the BNSS corresponds to Section 297 of the Code of Criminal Procedure, 1973.

The basic principles have been retained.

The provision continues to recognise:

  • Judges;
  • Judicial Magistrates;
  • Executive Magistrates;
  • authorised Commissioners of Oaths; and
  • authorised Notaries

as persons before whom affidavits may be sworn or affirmed.

It also continues the requirements concerning personal knowledge, belief and the removal of scandalous or irrelevant material.

Relationship with Law of Evidence

Section 333 is primarily a procedural provision.

It regulates the preparation and authentication of affidavits intended for use before criminal Courts.

Compliance with Section 333 does not automatically mean that every statement in an affidavit is conclusive or admissible for every purpose.

The Court must still consider the applicable rules of evidence.

Example

Suppose a person prepares an affidavit for filing in a criminal proceeding.

The person may swear or affirm the affidavit before:

  • a Judge;
  • a Judicial Magistrate;
  • an Executive Magistrate;
  • an authorised Commissioner of Oaths; or
  • a duly appointed Notary.

If the affidavit contains a fact personally known to the deponent, it should be stated as such.

If another fact is based on reasonable belief, the grounds for that belief should be clearly mentioned.

If the affidavit contains irrelevant or scandalous material, the Court may order that portion to be struck out or amended.

Common Confusions

Can an affidavit be sworn before any person?

No.

It must be sworn or affirmed before an authority recognised under Section 333.

Can a Notary administer an affidavit?

Yes.

A Notary appointed under the Notaries Act, 1952 is recognised under the provision.

Can facts based on belief be included?

Yes.

But the deponent must have reasonable grounds for the belief and must clearly state those grounds.

Must personal knowledge and belief be separately stated?

Yes.

Section 333 requires such facts to be stated separately.

Can the Court remove irrelevant material?

Yes.

The Court may order scandalous or irrelevant material to be struck out or amended.

Topic at a Glance

  • Topic: Authorities Before Whom Affidavits May Be Sworn
  • BNSS Section: Section 333
  • Judge: Authorised
  • Judicial Magistrate: Authorised
  • Executive Magistrate: Authorised
  • Commissioner of Oaths: Must be appointed by a High Court or Court of Session
  • Notary: Must be appointed under the Notaries Act, 1952
  • Personal Knowledge: Must be stated separately
  • Belief: Grounds of belief must be clearly stated
  • Scandalous Matter: May be struck out or amended
  • Irrelevant Matter: May be struck out or amended
  • CrPC Equivalent: Section 297, CrPC, 1973

Quick Revision

  • Section 333 BNSS deals with authorities before whom affidavits may be sworn.
  • An affidavit may be sworn or affirmed before:
    • any Judge;
    • any Judicial Magistrate;
    • any Executive Magistrate;
    • any Commissioner of Oaths appointed by a High Court or Court of Session; or
    • any Notary appointed under the Notaries Act, 1952.
  • Facts based on personal knowledge must be stated separately.
  • Facts based on belief must also be stated separately.
  • The grounds of belief must be clearly stated.
  • The Court may order scandalous or irrelevant matter to be struck out or amended.
  • Section 333 corresponds to Section 297 of the CrPC, 1973.
  • Section 333 should be read along with Sections 331 and 332 dealing with affidavit evidence.

ALSO READ: Section 331 – Affidavit in proof of conduct of public servants

Conclusion

Section 333 BNSS regulates the proper execution and contents of affidavits used before criminal Courts. It identifies the authorities competent to administer the oath or affirmation and requires the deponent to distinguish facts based on personal knowledge from facts based on reasonable belief. The Court is also empowered to remove scandalous or irrelevant material.

Thus, Section 333 promotes proper affidavit procedure, clarity of evidence and judicial efficiency.

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Section 334 – Previous conviction or acquittal how proved
Section 334 – Previous Conviction or Acquittal How Proved
BNSS Notes
# 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
Section 332 – Evidence of Formal Character on Affidavit
BNSS Notes
Section 331 – Affidavit in proof of conduct of public servants
Section 331 – Affidavit in Proof of Conduct of Public Servants
BNSS Notes
Section 330 – No formal proof of certain documents
Section 330 – No Formal Proof of Certain Documents
BNSS Notes

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