Evidence of formal character on affidavit
Section 296 of the Code of Criminal Procedure, 1973 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 Code. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
(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.
Ins. by Act 45 of 1978, s. 21 (w.e.f. 18-12-1980).
Section 296, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 332 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 The repealed enactment still governs what happened while it was in force.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.
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.
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
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.
Questions about Section 296
What have the courts held on Section 296 of the Code of Criminal Procedure?
Mohd. Miyazan vs State of U.p. (25 Jan 2019) is the leading judgment on this section among those set out below: 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 296 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 296, section 296 CRPC, section 296 of the Code of Criminal Procedure. People searching for it also type crpc 296 in bnss and crpc 296 b in tamil. 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 296 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 332 (Evidence of formal character on affidavit), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 296 of the Code of Criminal Procedure come into force?
Section 296 of the Code of Criminal Procedure, cited as CRPC 296, 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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- 220. Trial for more than one offence962 words
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- 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.