Code: Section 331 BNSS
331.
When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Sanhita, 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.
Explanation of Section 331 BNSS
Section 331 BNSS provides that when an application is submitted to any Court during an inquiry, trial, or other proceeding under this Sanhita, and that application includes allegations regarding a public servant, the applicant is permitted to provide evidence of the stated facts through an affidavit. Furthermore, the Court holds discretionary power to order that evidence regarding those allegations be provided by affidavit.
Key Points:
- Applicability:
This section applies during any inquiry, trial, or proceeding conducted under the Sanhita where the application includes allegations concerning a public servant. - Evidence by Affidavit:
The applicant has the option to present the evidence supporting the allegations by means of an affidavit. - Judicial Discretion:
The Court may, at its discretion, mandate that the evidence related to such allegations be given in the form of an affidavit. This ensures that the evidence is formally recorded and can be examined appropriately during the proceedings.
Illustration
Example 1: Application Involving a Public Servant
In a trial involving allegations of misconduct by a public servant, an application is filed with the Court. The applicant, instead of providing oral testimony, submits an affidavit detailing the facts and circumstances of the allegations. The Court, finding that the affidavit provides a clear and verifiable account of the events, orders that all evidence regarding these allegations be presented by affidavit.
Example 2: Court-Ordered Affidavit Evidence
During an inquiry into the conduct of a public official, the applicant presents preliminary evidence in a written form. Observing inconsistencies in the oral evidence, the Court exercises its discretion under Section 331 and orders that the applicant must submit all related evidence by affidavit. This ensures that the evidence is systematically recorded and subjected to scrutiny during the proceedings.
Common Questions and Answers on Section 331 BNSS
1. When can evidence be given by affidavit under Section 331?
- Answer:
Evidence may be given by affidavit when an application made during an inquiry, trial, or other proceeding under this Sanhita includes allegations concerning a public servant.
2. Does the applicant have to give evidence by affidavit?
- Answer:
No, it is not mandatory for the applicant to provide evidence by affidavit unless the Court deems it appropriate. The applicant has the option to do so, and the Court may also order that evidence relating to the allegations be given in this manner.
3. What is the purpose of allowing evidence by affidavit in these cases?
- Answer:
Allowing evidence by affidavit helps ensure that the facts alleged are formally and clearly documented. This method facilitates the verification and examination of the evidence, particularly in cases involving public servants, where the integrity of the evidence is paramount.
4. Can the Court require affidavit evidence even if the applicant has already provided other forms of evidence?
- Answer:
Yes, the Court may, at its discretion, order that evidence relating to the allegations be given by affidavit regardless of the initial form in which the evidence was provided. This is to ensure clarity and formality in the evidentiary process.
Conclusion
Section 331 BNSS empowers applicants in proceedings involving allegations against public servants to provide evidence by affidavit, thereby ensuring that such evidence is presented in a clear, formal, and verifiable manner. Moreover, it grants the Court discretionary authority to require that evidence be given in this form, which helps maintain the integrity and reliability of the judicial process. For further legal insights and detailed guidance on affidavit evidence and related provisions, visit ApniLaw.
