Evidence of formal character on affidavit
Section 332 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with evidence of formal character on affidavit. 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 Sanhita. The Act came into force on 01 Jul 2024.
(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 Sanhita.
(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.
Section 332, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 296 Evidence of formal character on affidavit Text carried over almost unchanged 98%
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 The repealed enactment still governs what happened while it was in force.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.
Referred to by 1
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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Mohd. Miyazan vs State of U.p.
Decided under Code of Criminal Procedure 296, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an application is made under Section 78-B Cr.P.C. to summon a witness whose evidence is of formal character (such as a medical professional with prescriptions under his hand and seal), the trial court must consider and apply Section 296 Cr.P.C., which grants the court discretion to summon and examine such persons on application of the accused. The trial court cannot summarily reject such applications without providing reasoned orders that address the statutory framework provided under Section 296 Cr.P.C. The High Court, in exercise of its revisional jurisdiction under Section 482 Cr.P.C., can direct the trial court to reconsider such applications with proper application of law.
On this section: Evidence of formal character may be given by affidavit; court may summon and examine any such person as to facts contained in affidavit on application of prosecution or accused
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Dr. L.sudhakar vs P.rama Krishna Reddy
Decided under Code of Criminal Procedure 296, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Evidence of medical doctors in criminal negligence cases constitutes substantive evidence and cannot be admitted through notarized affidavits under Section 296 Cr.P.C. The procedure prescribed under Section 200 Cr.P.C. for examination of complainant and witnesses upon oath, with substance reduced to writing and signed by all parties, is mandatory and cannot be defeated by adopting alternative procedures such as notarized affidavits, even if more convenient. The legality of interlocutory orders can be examined in a revision filed against final orders, notwithstanding that no direct revision lies against interlocutory orders.
On this section: Evidence of formal character on affidavit - the court held that this section applies only to evidence of formal character, not substantive evidence like medical opinion in negligence cases
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… We feel that the approach of the trial Court in accepting the testimony of Dr. Rahul Diwan (PW-9), the Medical Officer on affidavit, is contrary to the mandate of Section 296 of the CrPC (corresponding Section 332 of Bharatiya Nagarik Suraksha Sanhita, 2023) which provides that only evidence of formal character may be received on an affidavit. 26. However, the fact remains that the defence has cross-examined Dr. Rahul Diwan (PW-9), the Medical Officer, with reference to the affidavit and the postmortem report. It is …
Questions about Section 332
What have the courts held on Section 332 of the Bharatiya Nagarik Suraksha Sanhita?
Mohd. Miyazan vs State of U.p. (25 Jan 2019) is the leading judgment on this section among those set out below, though it was decided under CRPC 296, which this section replaced -- the court never mentioned this Act: Evidence of formal character may be given by affidavit; court may summon and examine any such person as to facts contained in affidavit on application of prosecution or accused. Another 1 judgment on this section is set out below. They run from 2012 to 2019.
How do I find court cases under Section 332 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 332, section 332 BNSS, section 332 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Mohd. Miyazan vs State of U.p. (25 Jan 2019).
What should I read with Section 332 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward CrPC 296 (Evidence of formal character on affidavit), so the judgments decided under that provision are the case law on this one.
When did Section 332 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 332 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 332, 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 15 Oct 2026. This page is not a substitute for legal advice.