(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 (c) any notary appointed under the Notaries Act, 1952 (53 of 1952). (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.
Bharatiya Nagarik Suraksha Sanhita
Section 333
Authorities before whom affidavits may be sworn
Englishहिंदी
⚡ Quick Answer Reference: Section 333 BNSS
- Provision: Section 333 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: has been commenced under this Sanhita.
- Jurisdiction: India
- Summary: This section explains who can witness an affidavit for use in court. It lists three types of people who can do this: a judge, a magistrate, a commissioner of oaths, or a notary. The affidavit must only include facts that the person knows or believes to be true, and they must explain why they believe these facts.
Statutory Content
What does Section 333 of BNSS say?
Indian StandardSection 333, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 333 (India)
Court Pleading StandardSection 333 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/333
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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).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose
What does Section 333 of BNSS mean?
Plain English Explanation
This section explains who can witness an affidavit for use in court. It lists three types of people who can do this: a judge, a magistrate, a commissioner of oaths, or a notary. The affidavit must only include facts that the person knows or believes to be true, and they must explain why they believe these facts.
Practical Interpretation
In practice, this section means that when someone needs to use an affidavit in court, they must get it sworn or affirmed by one of the people listed in this section. This ensures that the affidavit is reliable and trustworthy.
Core Legal Purpose
The core purpose of this section is to ensure that affidavits used in court are reliable and trustworthy. It achieves this by specifying who can witness an affidavit and what information it must contain.
Key Legal Elements
- •The affidavit must be sworn or affirmed before a judge, magistrate, commissioner of oaths, or notary.
- •The affidavit must only include facts that the person knows or believes to be true.
- •The person must explain why they believe the facts they include in the affidavit.
- •The court may order any scandalous or irrelevant matter in the affidavit to be struck out or amended.
Practical Example
Practical Example of Section 333 BNSS
Rajesh, a lawyer, needs to use an affidavit in court to prove that Priya, a witness, was present at the scene of a crime. Rajesh gets the affidavit sworn by a commissioner of oaths, who is appointed by the High Court. The affidavit includes facts that Rajesh knows to be true, such as Priya's name and address, and facts that he believes to be true, such as Priya's account of the crime. Rajesh explains why he believes Priya's account, citing the witness's credibility and the consistency of their story.
Common Questions (FAQ)
Frequently Asked Questions about Section 333 BNSS
Q: What is the punishment or consequence under Section 333 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 use of affidavits in court.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 333 BNSS
What is Section 333 of BNSS?
Section 333 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Authorities before whom affidavits may be sworn". In plain terms: This section explains who can witness an affidavit for use in court. It lists three types of people who can do this: a judge, a magistrate, a commissioner of oaths, or a notary. The affidavit must only include facts that the person knows or believes to be true, and they must explain why they believe these facts.
What is the punishment under Section 333 of BNSS?
Section 333 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 333 of BNSS bailable or non-bailable?
Whether Section 333 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 333 of BNSS?
The essential elements of Section 333 of BNSS are: The affidavit must be sworn or affirmed before a judge, magistrate, commissioner of oaths, or notary.; The affidavit must only include facts that the person knows or believes to be true.; The person must explain why they believe the facts they include in the affidavit..
Landmark Case Laws
Landmark Judgments under Section 333 BNSS
Patnahcucisdb94 High Court (10 8)
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