Code: Section 332 BNSS
332. (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 Sanhita.
(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.
Explanation of Section 332 BNSS
Section 332 BNSS provides that in legal proceedings under this Sanhita, a person’s formal evidence can be submitted in the form of an affidavit. This means that rather than being physically present to give oral testimony, the deponent can present their evidence in writing, which may be read in court subject to any applicable exceptions.
Key points include:
- Affidavit as Evidence:
The formal character of the evidence allows affidavits to be used as a substitute for oral testimony in inquiries, trials, or other proceedings. - Admissibility with Exceptions:
The affidavit is admissible in evidence unless excluded by any just exceptions that might apply under the law. - Court’s Power to Summon and Examine:
Even if evidence is submitted via affidavit, the Court retains the authority to summon and examine the deponent regarding the contents of the affidavit. This can be done upon the application of either the prosecution or the accused, ensuring that the court can clarify any ambiguities or verify the facts stated.
Illustration
Example 1: Submitting Evidence by Affidavit
In a civil case, a witness submits their evidence in the form of an affidavit because they are unable to attend court in person. The affidavit, containing detailed facts based on their personal knowledge, is read into evidence during the trial. Later, either party requests that the Court summon the witness to further clarify specific points contained in the affidavit.
Example 2: Court Summons the Deponent
During a criminal trial, an affidavit is admitted as evidence. However, the defense seeks additional clarification on certain statements made in the affidavit. Acting on this application, the Court summons the deponent to appear and answer questions regarding the affidavit, ensuring that the testimony is fully examined.
Common Questions and Answers on Section 332 BNSS
1. Can evidence be given solely by affidavit in a trial?
- Answer: Yes, under Section 332, evidence of a formal character may be given by affidavit and read in evidence, subject to any just exceptions.
2. Is the use of an affidavit as evidence limited by any exceptions?
- Answer: Yes, the use of an affidavit is subject to all just exceptions that may apply under the law, meaning that certain circumstances might preclude its admissibility.
3. What happens if the Court requires further details about the affidavit?
- Answer: The Court has the authority, on the application of either the prosecution or the accused, to summon and examine the deponent regarding the facts contained in their affidavit.
4. Does the use of an affidavit replace the need for a witness to appear in court?
- Answer: Not entirely. Although an affidavit can be used as formal evidence, the Court may still summon the deponent to examine the contents of the affidavit if it deems it necessary for clarifying or verifying the evidence.
Conclusion
Section 332 BNSS allows for the efficient presentation of formal evidence through affidavits in legal proceedings. This provision not only facilitates the submission of written evidence but also maintains judicial oversight by permitting the Court to summon the deponent for further examination if needed. This ensures that the use of affidavits does not compromise the thoroughness and integrity of the judicial process.
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