Code: Section 333 BNSS
333. (1) Affidavits to be used before any Court under this Sanhita may be sworn or affirmed before—
(a) any Judge or Judicial or Executive Magistrate; or
(b) any Commissioner of Oaths appointed by a High Court or Court of Session; or
(c) any notary appointed under the Notaries Act, 1952.
(2) Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief.
(3) The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.
Explanation of Section 333 BNSS
Section 333 of the BNSS lays down the framework for the preparation and use of affidavits in legal proceedings under this Sanhita. The key points of this section are:
- Who Can Administer the Oath:
Affidavits may be sworn or affirmed before:- A Judge or a Judicial/Executive Magistrate,
- A Commissioner of Oaths appointed by a High Court or Court of Session, or
- A notary appointed under the Notaries Act, 1952.
- Content of the Affidavit:
The affidavit must be strictly limited to the facts that the deponent can personally prove from their own knowledge. It may also include facts based on reasonable grounds of belief; however, in such cases, the deponent must clearly mention the basis for that belief. - Judicial Discretion:
The Court is empowered to order the removal or amendment of any matter in the affidavit that is considered scandalous or irrelevant, ensuring that only pertinent facts are presented during the proceedings.
This section is designed to ensure that affidavits remain clear, concise, and focused on verifiable facts, thereby supporting the integrity and reliability of the evidence presented before the Court.
Illustration
Example 1: Preparation of a Compliant Affidavit
An individual preparing an affidavit for a civil matter ensures that all statements are either facts they personally witnessed or beliefs based on solid grounds. They also provide clear explanations for any opinion-based statements. The affidavit is then sworn before a Judicial Magistrate, in compliance with Section 333.
Example 2: Judicial Amendment of an Affidavit
During a hearing, a party submits an affidavit containing irrelevant and scandalous details unrelated to the case facts. The Court exercises its power under Section 333(3) and orders those sections to be struck out, thereby streamlining the affidavit to include only relevant, admissible information.
Common Questions and Answers on Section 333 BNSS
1. Who is authorized to administer an affidavit under Section 333?
- Answer: An affidavit may be sworn or affirmed before any Judge or Judicial/Executive Magistrate, any Commissioner of Oaths appointed by a High Court or Court of Session, or any notary appointed under the Notaries Act, 1952.
2. What types of facts must be included in an affidavit?
- Answer: An affidavit must contain facts that the deponent can prove from their own knowledge, as well as facts they have reasonable grounds to believe to be true. In cases of belief, the deponent must clearly state the reasons behind that belief.
3. What authority does the Court have over the contents of an affidavit?
- Answer: The Court has the authority to strike out or amend any scandalous or irrelevant matter in an affidavit, ensuring that only pertinent information is considered during the legal proceedings.
4. Why is it important to limit affidavits to facts within personal knowledge?
- Answer: Limiting affidavits to verifiable facts enhances the reliability of the evidence and ensures that the testimony presented is based on actual, personal knowledge rather than conjecture, thereby upholding the integrity of the judicial process.
Conclusion
Section 333 BNSS establishes clear guidelines for the preparation, administration, and content of affidavits used in Court proceedings. By restricting affidavits to verifiable facts or clearly grounded beliefs and empowering the Court to remove irrelevant or scandalous information, this section promotes a fair and efficient judicial process. For more detailed legal insights and guidance on affidavit preparation and other legal matters, visit ApniLaw.
