(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.
Bharatiya Nagarik Suraksha Sanhita
Section 332
Evidence of formal character on affidavit
Englishहिंदी
⚡ Quick Answer Reference: Section 332 BNSS
- Provision: Section 332 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: This section allows people whose evidence is formal to give it in an affidavit, which can be read in court during an inquiry, trial, or other proceeding. The court can also summon and question this person about the facts in their affidavit if needed.
Statutory Content
What does Section 332 of BNSS say?
Indian StandardSection 332, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 332 (India)
Court Pleading StandardSection 332 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/332
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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 332 of BNSS mean?
Plain English Explanation
This section allows people whose evidence is formal to give it in an affidavit, which can be read in court during an inquiry, trial, or other proceeding. The court can also summon and question this person about the facts in their affidavit if needed.
Practical Interpretation
In practice, this section means that formal evidence, such as documents or records, can be presented in court through an affidavit. This can be useful for people who cannot attend court or for cases where the evidence is straightforward.
Core Legal Purpose
The core purpose of this section is to facilitate the presentation of formal evidence in court through an affidavit, making the legal process more efficient and convenient.
Key Legal Elements
- •The evidence must be of a formal character.
- •The evidence can be given by affidavit.
- •The affidavit can be read in evidence in any inquiry, trial, or other proceeding under this Sanhita.
- •The court may summon and examine the person who gave the affidavit if it thinks fit, on the application of the prosecution or the accused.
Practical Example
Practical Example of Section 332 BNSS
Rajesh, a witness in a case, has a formal document that proves a crucial fact. He cannot attend court due to health reasons. Under Section 332 of BNSS, Rajesh can give his evidence in an affidavit, which can be read in court. The court may also summon Rajesh to clarify any doubts about the facts in his affidavit.
Common Questions (FAQ)
Frequently Asked Questions about Section 332 BNSS
Q: What is the punishment or consequence under Section 332 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 both private individuals and public entities, as it deals with the presentation of evidence in court.
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 332 BNSS
What is Section 332 of BNSS?
Section 332 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Evidence of formal character on affidavit". In plain terms: This section allows people whose evidence is formal to give it in an affidavit, which can be read in court during an inquiry, trial, or other proceeding. The court can also summon and question this person about the facts in their affidavit if needed.
What is the punishment under Section 332 of BNSS?
Section 332 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 332 of BNSS bailable or non-bailable?
Whether Section 332 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 332 of BNSS?
The essential elements of Section 332 of BNSS are: The evidence must be of a formal character.; The evidence can be given by affidavit.; The affidavit can be read in evidence in any inquiry, trial, or other proceeding under this Sanhita..
Landmark Case Laws
Landmark Judgments under Section 332 BNSS
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