Section 332 BNSS: Evidence of formal character on affidavit

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 332 BNSS at a Glance

Section 332 BNSS deals with evidence of formal character on affidavit. It replaced Section 296 CrPC on 1 July 2024.

Was CrPC

Section 296 →

Section 332 BNSS Bare Act 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.

Source: Section 332, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 332 BNSS in Simple Words

Section 332 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that the evidence of any person whose evidence is of a formal character may be given by affidavit.

The affidavit may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under the Sanhita.

The Court may, if it thinks fit, summon and examine the person as to the facts contained in the affidavit, and shall do so on the application of the prosecution or the accused.

When Section 332 BNSS Applies

  • Under Section 332(1) BNSS, the evidence of any person whose evidence is of a formal character may be given by affidavit.
  • Section 332(1) BNSS allows the affidavit to be read in evidence in any inquiry, trial or other proceeding under the Sanhita, subject to all just exceptions.
  • Under Section 332(2) BNSS, the Court may, if it thinks fit, summon and examine the person as to the facts contained in the affidavit.
  • On the application of the prosecution or the accused, the Court shall summon and examine the person as to the facts contained in the affidavit.

Example of Section 332 BNSS

In a trial under the Sanhita, Anita gives evidence of a formal character by affidavit. The affidavit is read in evidence, subject to all just exceptions. The accused, Vikram, applies to the Court to summon Anita. On the application of the accused, the Court shall summon and examine Anita as to the facts contained in the affidavit of Anita.

When Section 332 BNSS Does Not Apply

  • Section 332 BNSS speaks of evidence of a formal character given by affidavit. It does not deal with the authorities before whom affidavits may be sworn, the subject of Section 333 BNSS.
  • Section 332 BNSS speaks of summoning and examining the person who gave the affidavit. It does not deal with the power to examine the accused, the subject of Section 351 BNSS.

Section 332 BNSS in the CrPC (Previous Law)

Section 332 BNSS replaced Section 296 CrPC from 1 July 2024.

Section 332 BNSS has the same heading as Section 296 CrPC, Evidence of formal character on affidavit. The text is the same, except that Section 332(1) BNSS refers to a proceeding under the Sanhita where Section 296(1) CrPC referred to a proceeding under the Code. Section 296(1) CrPC is found in Section 332(1) BNSS and Section 296(2) CrPC in Section 332(2) BNSS.

Each sub-section below names its own source.

FAQs on Section 332 BNSS

When may the evidence of a person be given by affidavit under Section 332 BNSS?▼

Section 332(1) BNSS applies to the evidence of any person whose evidence is of a formal character. That evidence may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under the Sanhita.

Can the prosecution or the accused apply for the person to be summoned under Section 332 BNSS?▼

Yes. Under Section 332(2) BNSS the Court shall, on the application of the prosecution or the accused, summon and examine the person as to the facts contained in the affidavit.

Can the Court summon the person if neither the prosecution nor the accused applies under Section 332 BNSS?▼

Section 332(2) BNSS provides that the Court may, if it thinks fit, summon and examine the person as to the facts contained in the affidavit. The words on the application of the prosecution or the accused appear in the part of the sub-section that says the Court shall do so.

What changed from Section 296 CrPC to Section 332 BNSS from 1 July 2024?▼

Section 332 BNSS has the same heading and the same text as Section 296 CrPC, except that Section 332(1) BNSS refers to a proceeding under the Sanhita where Section 296(1) CrPC referred to a proceeding under the Code. Section 296(1) CrPC is found in Section 332(1) BNSS and Section 296(2) CrPC in Section 332(2) BNSS.

Section 332 BNSS: Sub-sections Explained

Section 332(1) BNSS: Evidence of formal character on affidavit

▶

Bare Act 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.

Previous Law

CrPC 296 → Section 332(1) BNSS

Section 332(2) BNSS: Evidence of formal character on affidavit

▶

Bare Act Text

(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.

Previous Law

CrPC 296(2) → Section 332(2) BNSS

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