Affidavit in proof of conduct of public servants
Section 295 of the Code of Criminal Procedure, 1973 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 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 The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 295, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 331 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 The repealed enactment still governs what happened while it was in force.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.
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 295
What have the courts held on Section 295 of the Code of Criminal Procedure?
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: 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 295 of the Code of Criminal Procedure?
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: CRPC 295, section 295 CRPC, section 295 of the Code of Criminal Procedure. 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 295 of the Code of Criminal Procedure, and has it changed?
1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 331 (Affidavit in proof of conduct of public servants), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 295 of the Code of Criminal Procedure come into force?
Section 295 of the Code of Criminal Procedure, cited as CRPC 295, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
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- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.