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.

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

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.