Section 331 BNSS: Affidavit in proof of conduct of public servants

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 331 BNSS at a Glance

Section 331 BNSS deals with affidavit in proof of conduct of public servants. It replaced Section 295 CrPC on 1 July 2024.

Was CrPC

Section 295 →

Section 331 BNSS Bare Act Text

331. Affidavit in proof of conduct of public servants

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.

Source: Section 331, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 331 BNSS in Simple Words

Section 331 of the Bharatiya Nagarik Suraksha Sanhita, 2023 speaks of an application made to any Court in the course of any inquiry, trial or other proceeding under this Sanhita, in which allegations are made 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.

When Section 331 BNSS Applies

  • An application is made to any Court in the course of any inquiry, trial or other proceeding under this Sanhita.
  • Allegations are made in the application respecting any public servant.
  • The applicant may give evidence of the facts alleged in the application by affidavit.
  • The Court may, if it thinks fit, order that evidence relating to such facts be so given.

Example of Section 331 BNSS

In the course of a trial, Anita makes an application to the Court, and allegations are made in the application respecting a public servant, Ravi. Anita may give evidence of the facts alleged in the application by affidavit. The Court may, if it thinks fit, order that evidence relating to such facts be so given.

When Section 331 BNSS Does Not Apply

  • Section 331 BNSS speaks of allegations respecting a public servant made in an application. It does not deal with evidence of a formal character on affidavit, which is the subject of Section 332 BNSS.
  • Section 331 BNSS speaks of evidence given by affidavit on an application to a Court. It does not deal with the issue of a commission for the examination of a witness, which is the subject of Section 319 BNSS.

Section 331 BNSS in the CrPC (Previous Law)

Section 331 BNSS replaces Section 295 CrPC from the old criminal code.

Section 295 CrPC is found in Section 331 BNSS from 1 July 2024. The heading is the same, and Section 331 BNSS reads under this Sanhita where Section 295 CrPC read under this Code. The rest of the text is the same.

View CrPC Section 295 →

FAQs on Section 331 BNSS

When may an applicant give evidence by affidavit under Section 331 BNSS?▼

When an 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.

What may be given by affidavit under Section 331 BNSS?▼

Evidence of the facts alleged in the application.

What may the Court do under Section 331 BNSS?▼

The Court may, if it thinks fit, order that evidence relating to such facts be so given.

What changed from Section 295 CrPC to Section 331 BNSS from 1 July 2024?▼

Section 331 BNSS has the same heading as Section 295 CrPC and reads under this Sanhita where Section 295 CrPC read under this Code. The rest of the text is the same.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·