Affidavit in proof of conduct of public servants
Section 331 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 Sanhita, 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 The Act came into force on 01 Jul 2024.
When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Sanhita, 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.
Section 331, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 295 Affidavit in proof of conduct of public servants Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Kapil Muni Rai vs The State of Bihar and Anr.
Decided under Code of Criminal Procedure 295, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A confiscation order passed under Section 13 of the Prevention of Corruption Act without impleading all persons who admittedly hold properties allegedly acquired through corruption, and without issuing notice to them under Section 14 calling upon them to appear and file written statements of defence, is void and must be set aside as it violates the fundamental principles of natural justice and the mandatory statutory requirements of the Act. The Authorized Officer has a non-discretionary duty to implead all such necessary parties and issue proper notice before proceeding with the confiscation petition.
On this section: Evidence on affidavit - referenced to support the requirement that evidence in confiscation proceedings must be given on affidavit with proper details
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 331
What have the courts held on Section 331 of the Bharatiya Nagarik Suraksha Sanhita?
Kapil Muni Rai vs The State of Bihar and Anr. (21 Oct 2011) is the leading judgment on this section among those set out below, though it was decided under CRPC 295, which this section replaced -- the court never mentioned this Act: Evidence on affidavit - referenced to support the requirement that evidence in confiscation proceedings must be given on affidavit with proper details.
How do I find court cases under Section 331 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 331, section 331 BNSS, section 331 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 331(4) and bnss 331 3. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Kapil Muni Rai vs The State of Bihar and Anr. (21 Oct 2011).
What should I read with Section 331 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
2 other provisions in this corpus refer back to it. It carries forward CrPC 295 (Affidavit in proof of conduct of public servants), so the judgments decided under that provision are the case law on this one.
When did Section 331 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 331 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 331, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.