Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 332
Code: Section 332(1) and (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation:
This section deals with the use of affidavits as evidence in inquiries, trials, and other proceedings under the BNSS. It states that:
- Section 332(1): The evidence of a person whose testimony is of a formal nature can be given through an affidavit. This affidavit can be read as evidence in any inquiry, trial, or proceeding under the BNSS, subject to just exceptions.
- Section 332(2): The Court has the discretion to summon and examine the person who gave the affidavit, if it deems fit. It is mandatory for the Court to summon and examine such a person if either the prosecution or the accused requests it. This examination is limited to the facts contained in the affidavit.
Illustration:
Imagine a case where a witness is unable to attend the trial in person due to illness or other reasons. This witness can provide a statement in the form of an affidavit, which can then be read in court under Section 332(1). However, if either the prosecution or the defense doubts the veracity of the affidavit’s contents, they can request the Court to summon the witness for examination under Section 332(2).
Common Questions and Answers:
Q: What is considered “formal character” evidence?
A: Evidence of a formal character generally refers to statements that are primarily factual, descriptive, or based on records, rather than subjective opinions or personal beliefs. For example, an affidavit confirming the date and time of an event, or an affidavit detailing a specific transaction, would fall under this category.
Q: What are the “just exceptions” mentioned in Section 332(1)?
A: The “just exceptions” could include situations where the affidavit is deemed unreliable or inadmissible based on established legal principles. For instance, if the affidavit contains hearsay evidence or if it is suspected to be fabricated, the Court might exclude it from evidence.
Q: Can the person who gave the affidavit be cross-examined?
A: Yes, if the Court summons the person under Section 332(2), both the prosecution and the defense have the right to cross-examine them regarding the contents of their affidavit.
