Section 295 CrPC: Affidavit for Public Servant Conduct – Code of Criminal Procedure
1. State the code
Section 295 of the Code of Criminal Procedure (CrPC) deals with the procedure for taking affidavits from public servants in connection with an investigation or inquiry.
2. Explain it
This section empowers a Magistrate or any other officer authorized to conduct an investigation or inquiry to require a public servant to furnish an affidavit. This affidavit must be related to any matter within the public servant’s official knowledge or duty. It can be taken in lieu of examining the public servant as a witness under Section 164 CrPC.
The affidavit should be made in writing and signed by the public servant before the Magistrate or authorized officer. The Magistrate can ask questions to the public servant to ensure the accuracy and completeness of the affidavit.
3. Illustrate it
Imagine a police officer investigating a case of theft. The officer believes a government employee has some crucial information related to the case. Instead of summoning the employee as a witness, the officer can use Section 295 CrPC to request an affidavit from the employee. This way, the employee can provide their statement in writing without needing to appear in court.
4. Common Questions and Answers
Q: Can a public servant refuse to give an affidavit?
A: No, a public servant cannot refuse to give an affidavit when directed by a Magistrate or authorized officer. However, they can state their objections to providing certain information, which will be recorded in the affidavit.
Q: Is an affidavit under Section 295 CrPC admissible in court?
A: Yes, the affidavit is admissible in court as evidence, provided it satisfies the requirements of Section 295 CrPC and the general rules of evidence.
Q: What are the consequences for a public servant who provides false information in the affidavit?
A: Providing false information in an affidavit under Section 295 CrPC is a serious offense. The public servant can be charged with perjury, which carries a substantial penalty.
