Section 295 CrPC: Affidavit in proof of conduct of public servants

Code of Criminal Procedure, 1973

Section 295 CrPC at a Glance

Section 295 CrPC deals with affidavit in proof of conduct of public servants. From 1 July 2024 it is replaced by Section 331 BNSS.

Now BNSS

Section 331 →

What Section 295 CrPC Says

295. 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 Code, 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 295, Code of Criminal Procedure, 1973

Section 295 CrPC in Simple Words

Section 295 of the Code of Criminal Procedure, 1973 speaks of an application made to any Court in the course of any inquiry, trial or other proceeding under this Code, 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 295 CrPC Applies

  • An application is made to any Court in the course of any inquiry, trial or other proceeding under this Code.
  • 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 295 CrPC

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 295 CrPC Does Not Apply

  • Section 295 CrPC 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 296 CrPC.
  • Section 295 CrPC 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 284 CrPC.

Section 295 CrPC Under BNSS 331: What Changed

Section 295 CrPC is now covered under Section 331 BNSS.

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 detailed comparison (CrPC 295 vs BNSS 331) →

FAQs on Section 295 CrPC

When may an applicant give evidence by affidavit under Section 295 CrPC?▼

When an application is made to any Court in the course of any inquiry, trial or other proceeding under this Code, and allegations are made therein respecting any public servant.

What may be given by affidavit under Section 295 CrPC?▼

Evidence of the facts alleged in the application.

What may the Court do under Section 295 CrPC?▼

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

Where is Section 295 CrPC found in the BNSS from 1 July 2024?▼

Section 295 CrPC has no sub-sections, and maps as a whole to Section 331 BNSS.

Have questions about Section 295 CrPC?

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, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·