Section 145 NI Act: Evidence on affidavit

Negotiable Instruments Act, 1881

Section 145 NI Act at a Glance

Section 145 NI Act allows the complainant to give evidence by affidavit in any enquiry, trial, or other proceeding, and requires the court to summon and examine a person who gave affidavit evidence if the prosecution or the accused applies.

Section 145 NI Act Bare Act Text

145. Evidence on affidavit.

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the evidence of the complainant may be given by him on affidavit and may, subject to all just exceptions be read in evidence in any enquiry, trial or other proceeding under the said Code.

(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any person giving evidence on affidavit as to the facts contained therein.

Section 145 NI Act in Simple Words

Section 145 NI Act allows a complainant to give evidence on affidavit. Under Section 145(1) NI Act, regardless of anything in the Code of Criminal Procedure, 1973, the complainant may give evidence on affidavit, and that affidavit may, subject to all just exceptions, be read in evidence in any enquiry, trial, or other proceeding under that Code.

Section 145(2) NI Act governs calling the person who gave the affidavit for oral examination on the facts stated in the affidavit. The court may summon and examine any person giving evidence on affidavit if the court thinks fit. In addition, if the prosecution or the accused makes an application, the court must summon and examine that person as to the facts contained in the affidavit. The Act still refers to the Code of Criminal Procedure, 1973, which the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced from 1 July 2024.

When Section 145 NI Act Applies

  • The complainant may give evidence on affidavit notwithstanding anything in the Code of Criminal Procedure, 1973.
  • Subject to all just exceptions, the complainant's affidavit may be read in evidence in any enquiry, trial, or other proceeding under the Code of Criminal Procedure, 1973.
  • The court has discretion to summon and examine any person giving evidence on affidavit as to the facts in the affidavit if the court thinks fit.
  • The court is bound to summon and examine any person giving evidence on affidavit as to the facts in the affidavit if the prosecution or the accused applies.

Example of Section 145 NI Act

Farida files a cheque dishonour complaint in Bikaner against Jatin. Farida gives the complainant's evidence on affidavit under Section 145(1) NI Act, and the court reads the affidavit in evidence during the trial, subject to all just exceptions. Jatin then files an application under Section 145(2) NI Act asking the court to summon Farida for examination on the facts stated in the affidavit. Because the accused has applied under Section 145(2) NI Act, the court must summon and examine Farida on the facts contained in the affidavit.

FAQs on Section 145 NI Act

What is Section 145 NI Act?▼

Section 145 NI Act allows the complainant to give evidence on affidavit that may be read in any enquiry, trial, or other proceeding under the Code of Criminal Procedure, 1973. It also allows the court on its own, and requires the court on an application by the prosecution or the accused, to summon and examine the person who gave the affidavit.

Can the complainant give evidence on affidavit under Section 145(1) NI Act?▼

Yes. Under Section 145(1) NI Act, the evidence of the complainant may be given on affidavit and read in evidence in any enquiry, trial, or other proceeding under the Code of Criminal Procedure, 1973, subject to all just exceptions.

Must the court summon a witness who gave evidence on affidavit if the accused applies under Section 145(2) NI Act?▼

Yes. Section 145(2) NI Act makes it mandatory for the court to summon and examine any person giving evidence on affidavit as to the facts contained in the affidavit when either the prosecution or the accused makes an application.

Can the court summon a person who gave evidence on affidavit even if neither party applies under Section 145(2) NI Act?▼

Yes. Under Section 145(2) NI Act, the court may summon and examine the person giving evidence on affidavit if the court thinks fit, even without an application from the prosecution or the accused.

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

Sources: Bare Act Text, Negotiable Instruments Act, 1881 (India Code) ·