Section 296 CrPC: Evidence of formal character on affidavit

Code of Criminal Procedure, 1973

Section 296 CrPC at a Glance

Section 296 CrPC deals with evidence of formal character on affidavit. From 1 July 2024 it is replaced by Section 332 BNSS.

Now BNSS

Section 332 →

What Section 296 CrPC Says

296. Evidence of formal character on affidavit

(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 Code.

(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 296, Code of Criminal Procedure, 1973

Section 296 CrPC in Simple Words

Section 296 of the Code of Criminal Procedure, 1973 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 Code.

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 296 CrPC Applies

  • Under Section 296(1) CrPC, the evidence of any person whose evidence is of a formal character may be given by affidavit.
  • Section 296(1) CrPC allows the affidavit to be read in evidence in any inquiry, trial or other proceeding under the Code, subject to all just exceptions.
  • Under Section 296(2) CrPC, 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 296 CrPC

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

When Section 296 CrPC Does Not Apply

  • Section 296 CrPC 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 297 CrPC.
  • Section 296 CrPC 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 313 CrPC.

Section 296 CrPC Under BNSS 332: What Changed

Section 296 CrPC is now covered under Section 332 BNSS.

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.

View detailed comparison (CrPC 296 vs BNSS 332) →

FAQs on Section 296 CrPC

When may the evidence of a person be given by affidavit under Section 296 CrPC?▼

Section 296(1) CrPC 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 Code.

Can the prosecution or the accused apply for the person to be summoned under Section 296 CrPC?▼

Yes. Under Section 296(2) CrPC 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 296 CrPC?▼

Section 296(2) CrPC 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.

Where is Section 296 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 296(1) CrPC is found in Section 332(1) BNSS and Section 296(2) CrPC in Section 332(2) BNSS. The heading in both is Evidence of formal character on affidavit.

Have questions about Section 296 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 ·