Section 333 BNSS: Authorities Before Whom Affidavits May Be Sworn

Section 333 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) specifies the authorities before whom an affidavit intended to be used before a Court under the BNSS may be sworn or affirmed. It also regulates the contents of such affidavits and authorises the Court to require scandalous or irrelevant matter to be struck out or amended.

Legal position: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. It came into force on 1 July 2024, subject to the exception stated in the commencement notification relating to the First Schedule entry concerning section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Text of Section 333 of the Bharatiya Nagarik Suraksha Sanhita, 2023

333. Authorities before whom affidavits may be sworn.

(1) Affidavits to be used before any Court under this Sanhita may be sworn or affirmed before-

(a) any Judge or Judicial or Executive Magistrate; or

(b) any Commissioner of Oaths appointed by a High Court or Court of Session; or

(2) Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief.

(3) The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.

Meaning and Scope of Section 333 BNSS

Section 333 deals with three connected aspects of affidavits used before Courts under the BNSS: the person before whom an affidavit may be sworn or affirmed, the manner in which facts should be stated, and the Court's power to control improper material contained in the affidavit.

1. Who may administer an affidavit under Section 333?

An affidavit intended to be used before a Court under the BNSS may be sworn or affirmed before any of the following authorities:

a Judge;
a Judicial Magistrate;
an Executive Magistrate;
a Commissioner of Oaths appointed by a High Court or Court of Session; or
a notary appointed under the Notaries Act, 1952.

2. Facts based on personal knowledge and belief must be separated

Sub-section (2) requires an affidavit to distinguish between facts which the deponent can prove from personal knowledge and facts which the deponent believes to be true on reasonable grounds. Where a statement is based on belief rather than direct knowledge, the grounds for that belief must be clearly stated.

This requirement helps the Court identify which statements are direct factual assertions and which depend on information, inference or belief. A properly drafted affidavit should therefore avoid mixing these categories without explanation.

3. Scandalous or irrelevant matter may be removed

Under sub-section (3), the Court may direct that scandalous or irrelevant matter appearing in an affidavit be struck out or amended. The provision therefore encourages affidavits to remain focused on material facts relevant to the proceeding.

Practical Drafting Points for an Affidavit Under BNSS

State facts from personal knowledge separately from facts based on information or belief.
Where a statement is based on belief, clearly disclose the grounds of that belief.
Avoid allegations or narrative that are scandalous, unnecessary or irrelevant to the proceeding.
Ensure that the affidavit is sworn or affirmed before an authority recognised by Section 333.
Check the applicable High Court, District Court or filing rules for additional procedural requirements concerning format, attestation, identification and e-filing.

Official Legal Sources

Updated for the law in force as of 11 September 2026. This page is for general legal information and should be read with the current statutory text, applicable rules, notifications and court directions.