Section 333 BNSS: Authorities before whom affidavits may be sworn

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 333 BNSS at a Glance

Section 333 BNSS deals with authorities before whom affidavits may be sworn. It replaced Section 297 CrPC on 1 July 2024.

Was CrPC

Section 297 →

Section 333 BNSS Bare Act Text

(1) Affidavits to be used before any Court under this Sanhita may be sworn or affirmed before—

(a) any Judge or Judicial or Executive Magistrate; or

(b) any Commissioner of Oaths appointed by a High Court or Court of Session; or

(c) any notary appointed under the Notaries Act, 1952.

(2) Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief.

(3) The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.

Source: Section 333, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 333 BNSS in Simple Words

Section 333 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with affidavits to be used before any Court under the Sanhita. Section 333(1) BNSS lists the persons before whom they may be sworn or affirmed: any Judge or Judicial or Executive Magistrate, any Commissioner of Oaths appointed by a High Court or Court of Session, and any notary appointed under the Notaries Act, 1952.

Under Section 333(2) BNSS, affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as the deponent has reasonable ground to believe to be true. Under Section 333(3) BNSS, the Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.

When Section 333 BNSS Applies

  • Under Section 333(1)(a) BNSS, an affidavit to be used before any Court under the Sanhita may be sworn or affirmed before any Judge or Judicial or Executive Magistrate.
  • Under Section 333(1)(b) BNSS, such an affidavit may be sworn or affirmed before any Commissioner of Oaths appointed by a High Court or Court of Session.
  • Under Section 333(1)(c) BNSS, such an affidavit may be sworn or affirmed before any notary appointed under the Notaries Act, 1952.
  • Under Section 333(2) BNSS, affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from the deponent's own knowledge and such facts as the deponent has reasonable ground to believe to be true.
  • In the latter case, the deponent shall clearly state the grounds of such belief, under Section 333(2) BNSS.
  • Under Section 333(3) BNSS, the Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.

Example of Section 333 BNSS

Anita prepares an affidavit to be used before a Court under the Bharatiya Nagarik Suraksha Sanhita, 2023 and has it affirmed before Vikram, a Commissioner of Oaths appointed by a High Court, under Section 333(1)(b) BNSS. In the affidavit, Anita states separately the facts that Anita is able to prove from Anita's own knowledge and the facts that Anita has reasonable ground to believe to be true, and clearly states the grounds of such belief, as Section 333(2) BNSS provides. A paragraph of the affidavit contains scandalous and irrelevant matter about Rajesh. Under Section 333(3) BNSS, the Court may order that matter to be struck out or amended.

When Section 333 BNSS Does Not Apply

  • Section 333(1) BNSS speaks of affidavits to be used before any Court under the Sanhita. It does not deal with an affidavit to be used before a body that is not a Court.
  • Section 333(2) BNSS speaks of the facts stated in an affidavit. It does not deal with the oral evidence of a witness examined in Court.
  • Section 333(3) BNSS speaks of scandalous and irrelevant matter in the affidavit. It does not deal with matter in a document that is not an affidavit.

Section 333 BNSS in the CrPC (Previous Law)

Section 333 BNSS replaced Section 297 CrPC from 1 July 2024.

From 1 July 2024, Section 333 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 297 of the Code of Criminal Procedure, 1973, with the same heading and the same text. Section 333(1) BNSS reads Sanhita where Section 297(1) CrPC read Code, a rename.

Each sub-section below names its own source.

FAQs on Section 333 BNSS

Before whom may an affidavit be sworn or affirmed under Section 333 BNSS?▼

Under Section 333(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, affidavits to be used before any Court under the Sanhita may be sworn or affirmed before any Judge or Judicial or Executive Magistrate under Section 333(1)(a) BNSS, any Commissioner of Oaths appointed by a High Court or Court of Session under Section 333(1)(b) BNSS, or any notary appointed under the Notaries Act, 1952 under Section 333(1)(c) BNSS.

What facts does Section 333(2) BNSS say an affidavit shall state?▼

Section 333(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from the deponent's own knowledge and such facts as the deponent has reasonable ground to believe to be true. In the latter case, the deponent shall clearly state the grounds of such belief.

What may the Court do about scandalous and irrelevant matter in an affidavit under Section 333 BNSS?▼

Under Section 333(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.

What changed from Section 297 CrPC to Section 333 BNSS from 1 July 2024?▼

From 1 July 2024, Section 333 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 297 of the Code of Criminal Procedure, 1973. The heading is the same and the text is the same, except that Section 333(1) BNSS reads this Sanhita where Section 297(1) CrPC read this Code.

Section 333 BNSS: Sub-sections Explained

Section 333(1) BNSS: Authorities before whom affidavits may be sworn

▶

Bare Act Text

(1) Affidavits to be used before any Court under this Sanhita may be sworn or affirmed before—

(a) any Judge or Judicial or Executive Magistrate; or

(b) any Commissioner of Oaths appointed by a High Court or Court of Session; or

(c) any notary appointed under the Notaries Act, 1952.

Previous Law

CrPC 297 → Section 333(1) BNSS

Section 333(2) BNSS: Authorities before whom affidavits may be sworn

▶

Bare Act Text

(2) Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief.

Previous Law

CrPC 297(2) → Section 333(2) BNSS

Section 333(3) BNSS: Authorities before whom affidavits may be sworn

▶

Bare Act Text

(3) The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.

Previous Law

CrPC 297(3) → Section 333(3) BNSS

Have questions about Section 333 BNSS?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

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: 21 Oct 2026 ·