Bharatiya Nagarik Suraksha Sanhita, 2023

Section 332 BNSS: Evidence of Formal Character on Affidavit

Section 332 of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits evidence that is formal in character to be given by affidavit, while preserving the right of the prosecution or the accused to require the deponent to be summoned and examined.

In force: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. Its relevant provisions came into force on July 1, 2024. For proceedings that were already pending immediately before commencement, the savings provision in Section 531 may require continued application of the Code of Criminal Procedure, 1973.

Text of Section 332 BNSS

332. Evidence of formal character on affidavit.

(1) 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.

(2) 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.

Meaning of Section 332 BNSS

The provision creates a practical method for proving matters that are formal rather than substantially disputed. Instead of requiring the witness to appear in Court in every case merely to prove a formal fact, the evidence may be placed before the Court by affidavit. This can reduce unnecessary oral evidence and help proceedings move more efficiently.

The affidavit is not automatically immune from challenge. The words "subject to all just exceptions" preserve legally sustainable objections to the admissibility or use of the affidavit. Further, sub-section (2) protects the right to oral examination: if the prosecution or the accused applies for the person to be summoned and examined regarding the facts in the affidavit, the Court must summon and examine that person.

Key requirements under Section 332

The evidence must be of a formal character.
The evidence may be given by affidavit.
The affidavit may be read in an inquiry, trial or other proceeding under the BNSS, subject to just exceptions.
The Court may summon the deponent on its own if it considers examination necessary.
The Court shall summon and examine the deponent when the prosecution or the accused applies for such examination.

What is "evidence of a formal character"?

Section 332 does not separately define the expression "formal character". In practical terms, it refers to evidence that ordinarily proves a routine, procedural or formal fact rather than a central disputed fact requiring detailed oral testimony. Whether particular evidence is sufficiently formal for the section depends on the nature of the fact and the issues in the proceeding.

Important: The affidavit procedure does not take away the opportunity to test the evidence. Where the prosecution or the accused seeks examination of the deponent, Section 332(2) makes summoning and examination mandatory.

Relationship with the former CrPC

Section 332 BNSS corresponds in substance to Section 296 of the Code of Criminal Procedure, 1973, which also dealt with evidence of formal character on affidavit. However, the applicable procedural law should be identified carefully because Section 531 BNSS contains repeal and savings rules for matters pending when the BNSS came into force.

Related BNSS provisions

The surrounding provisions deal with affidavits and other methods of proving evidence. See Section 331 - Affidavit in proof of conduct of public servants, Section 333 - Authorities before whom affidavits may be sworn, and Section 334 - Previous conviction or acquittal how proved.

Official sources

For the authoritative statutory text and commencement material, refer to the India Code page for the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws page.

Frequently asked questions

Can formal evidence be submitted only by affidavit?

No. Section 332 permits evidence of a formal character to be given by affidavit; it does not prevent the Court from requiring oral examination where appropriate.

Can the accused ask for the affidavit witness to be examined?

Yes. Under Section 332(2), if the accused applies for the deponent to be summoned and examined about the facts stated in the affidavit, the Court is required to summon and examine that person.

Can the prosecution also seek examination of the deponent?

Yes. The same mandatory rule applies when the prosecution makes the application.

Does Section 332 apply to every old criminal case after July 1, 2024?

Not necessarily. Section 531 BNSS contains savings provisions for appeals, applications, trials, inquiries and investigations that were pending immediately before the BNSS came into force. The procedural law applicable to a particular matter therefore depends on its procedural history and the savings clause.