Section 332 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

08 Jun 2025 --
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Section 332 – Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: Evidence of Formal Character on Affidavit

📜 Text of Section 332

Section 332. Evidence of formal character on affidavit

The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial, or other proceeding under this Sanhita.

The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such person as to the facts contained in his affidavit.

⚖️ Legal Context and Purpose

Section 332 of the BNSS, 2023, aligns with Section 296 of the Code of Criminal Procedure (CrPC), 1973. It allows for the submission of evidence in the form of affidavits, provided the evidence is of a formal character. This provision facilitates the inclusion of certain types of evidence without the physical presence of the witness, thereby streamlining legal proceedings.

However, the Court retains the discretion to summon and examine the person who provided the affidavit if deemed necessary or upon request by the prosecution or the accused. This ensures that the right to a fair trial is upheld, and parties have the opportunity to challenge the evidence presented.

🧭 Illustrative Example

Scenario: In a financial fraud case, a bank official has prepared a report verifying the authenticity of certain financial documents.

Application of Section 332:

Affidavit Submission: The bank official submits an affidavit attesting to the authenticity of the documents, as the evidence is of a formal character.

Court's Discretion: The Court may accept the affidavit as evidence without the need for the bank official's physical presence.

Right to Challenge: The prosecution or defense may request the Court to summon the bank official for cross-examination to challenge the contents of the affidavit.

Outcome: The affidavit serves as evidence, and the opportunity for cross-examination ensures the integrity of the judicial process.

📌 Conclusion

Section 332 of the BNSS, 2023, provides a mechanism for submitting evidence of a formal character via affidavit, facilitating efficient legal proceedings. The provision balances efficiency with fairness by allowing the Court to summon the affiant for examination if necessary, thereby safeguarding the rights of all parties involved.