Section 331 BNSS: Affidavit in proof of conduct of public servants (Formerly Section 295 CrPC)

Section 331 of Bharatiya Nagarik Suraksha Sanhita, 2023: Affidavit in proof of conduct of public servants

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 331

Section 331 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 295 of the CrPC, 1973) permits allegations respecting the conduct of public servants to be proved by affidavit in certain interlocutory or ancillary proceedings.

Allegations Against Public Servants: Applies when any application is made to any Court in the course of an inquiry, trial, or other proceeding, and allegations are made respecting the personal conduct of any public servant.
Proof by Affidavit: The applicant may give evidence of the facts alleged in the application by affidavit.
Court's Power to Order Cross-examination: The Court may, if it thinks fit, order any person making such affidavit to be summoned for cross-examination.

Key Landmark Precedents:

State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335: The Supreme Court noted that reckless allegations against investigating officers must be supported by solemn affidavits to prevent malicious mudslinging.
B.S. Joshi v. State of Haryana, (2003) 4 SCC 675: Reaffirmed that affidavits filed under the procedural code carry solemn legal obligations and false statements expose deponents to perjury.

Courtroom Practice & Strategic Litigation Guidance:

When alleging police misconduct, illegal detention, or planting of evidence in bail or discharge applications, file a comprehensive personal affidavit under Section 331 setting out precise times, dates, and locations.