When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Sanhita, and allegations are made therein respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given.
Bharatiya Nagarik Suraksha Sanhita
Section 331
Affidavit in proof of conduct of public servants
Englishहिंदी
⚡ Quick Answer Reference: Section 331 BNSS
- Provision: Section 331 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: When a court is investigating or trying a case under the Bharatiya Nagarik Suraksha Sanhita, the person making the application can provide evidence of the facts they're alleging about a public servant by giving an affidavit. The court can then decide if they want to accept this evidence.
Statutory Content
What does Section 331 of BNSS say?
Indian StandardSection 331, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 331 (India)
Court Pleading StandardSection 331 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/331
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 331 of BNSS mean?
Plain English Explanation
When a court is investigating or trying a case under the Bharatiya Nagarik Suraksha Sanhita, the person making the application can provide evidence of the facts they're alleging about a public servant by giving an affidavit. The court can then decide if they want to accept this evidence.
Practical Interpretation
This section allows the applicant to provide evidence through an affidavit, which can be a convenient way to present facts without needing to appear in court. The court has discretion to accept or reject this evidence.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for the applicant to present evidence in a convenient and efficient manner, while also giving the court the flexibility to decide how to proceed with the evidence.
Key Legal Elements
- •The application is made to a court in the course of an inquiry, trial, or other proceeding under the Sanhita.
- •Allegations are made respecting a public servant in the application.
- •The applicant may give evidence of the facts alleged in the application by affidavit.
- •The court may, if it thinks fit, order that evidence relating to such facts be given by affidavit.
Practical Example
Practical Example of Section 331 BNSS
Rajesh, a citizen, files a complaint against a police officer, Amit, alleging misconduct. Rajesh's lawyer, Priya, wants to present evidence of the alleged misconduct without having Rajesh appear in court. Under Section 331, Priya can submit an affidavit with the evidence, and the court can decide whether to accept it or not.
Common Questions (FAQ)
Frequently Asked Questions about Section 331 BNSS
Q: What is the punishment or consequence under Section 331 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to public servants, which includes government officials and employees.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not create an offence. Therefore, it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 331 BNSS
What is Section 331 of BNSS?
Section 331 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Affidavit in proof of conduct of public servants". In plain terms: When a court is investigating or trying a case under the Bharatiya Nagarik Suraksha Sanhita, the person making the application can provide evidence of the facts they're alleging about a public servant by giving an affidavit. The court can then decide if they want to accept this evidence.
What is the punishment under Section 331 of BNSS?
Section 331 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 331 of BNSS bailable or non-bailable?
Whether Section 331 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 331 of BNSS?
The essential elements of Section 331 of BNSS are: The application is made to a court in the course of an inquiry, trial, or other proceeding under the Sanhita.; Allegations are made respecting a public servant in the application.; The applicant may give evidence of the facts alleged in the application by affidavit..
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