BNSS Section 332 — Evidence of formal character on affidavit

Summary

If a person’s evidence is only about formal or routine matters (like proving a document is genuine), that evidence can be given through a written sworn statement called an affidavit. This affidavit can be used as evidence in any court inquiry, trial, or other proceeding under this law, as long as no valid legal objection applies. However, the court has the power to call that person to court to give oral evidence about what is in the affidavit, and it must do so if either the prosecution or the accused asks for it.

Official Text

(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.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2025) Vol.5 p.1054 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.8 p.2108 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §296 — Evidence of formal character on affidavit