Section 332 BNSS: Evidence of formal character on affidavit (Formerly Section 296 CrPC)

Section 332 of Bharatiya Nagarik Suraksha Sanhita, 2023: Evidence of formal character on affidavit

Official Bare Act Text

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

(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.

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 332

Section 332 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 296 of the CrPC, 1973) authorizes the evidence of any person whose evidence is of a formal character to be given by affidavit.

Evidence of Formal Character: Applies to witnesses whose evidence merely establishes a formal link in the chain of custody, such as carrier constables, malkhana moharrirs, or formal bank clerks.
Proof by Affidavit: Such evidence may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry or trial.
Accused's Right to Summon: The Court may, and shall on application by prosecution or accused, summon and examine any such person as to the facts contained in their affidavit.

Key Landmark Precedents:

Mandvi Cooperative Bank Ltd. v. Nimesh B. Thakore, (2010) 3 SCC 83: The Supreme Court analyzed the scope of evidence on affidavit, ruling that while complainants and formal witnesses may file affidavits, the opposing party has an unfettered right to cross-examine them.
Radhey Shyam v. State of Haryana, (2013) 4 SCC 344: Held that witnesses whose evidence connects the accused with the recovery or chain of custody of contraband cannot be classified as purely formal witnesses.

Courtroom Practice & Strategic Litigation Guidance:

In NDPS, murder, or forgery cases, if the prosecution attempts to prove seizure links or malkhana movements via affidavit, immediately invoke Section 332(2) to summon the carrier for cross-examination on sample tampering.