Code: Section 522 BNSS
Subject to the power conferred by article 227 of the Constitution, the forms set
forth in the Second Schedule, with such variations as the circumstances of each case
require, may be used for the respective purposes therein mentioned, and if used shall be
sufficient.
Explanation of Section 522 BNSS
Section 522 of the BNSS deals with the use of official forms prescribed in the Second Schedule of the Act. It states that, subject to the power of the judiciary under Article 227 of the Constitution, these forms can be used for the purposes mentioned, provided they are adapted to the specific circumstances of each case.
This section ensures that legal processes are streamlined and consistent, using predefined forms, while also allowing for flexibility where required. If the forms are used as specified, they will be considered legally sufficient for the intended purposes.
Illustration
Example 1: Use of Forms in Court Proceedings
A Court case involves a standard affidavit for submission of evidence. The Second Schedule of the BNSS provides a prescribed form for this affidavit. The Court may use this form, and if it is adapted as per the specifics of the case, it will be legally sufficient.
Example 2: Variations in Forms
In a specific case, a witness needs to submit a statement under oath. The prescribed form in the Second Schedule can be adjusted to fit the exact needs of the case, ensuring flexibility while still fulfilling the requirements of the law.
Common Questions and Answers on Section 522 BNSS
1. What is the purpose of the forms set out in the Second Schedule?
- Answer: The forms in the Second Schedule provide standardized formats for various legal processes and documents in the Court. They ensure uniformity and clarity in legal proceedings.
2. Can the forms in the Second Schedule be changed?
- Answer: Yes, while the forms in the Second Schedule provide a standard template, they can be modified or varied according to the specific circumstances of each case, as needed.
3. Do the forms need to be used exactly as specified in the Second Schedule?
- Answer: No, the forms may be adapted as required by the specifics of the case, as long as they meet the necessary legal requirements. The forms, when used correctly, are deemed sufficient.
Conclusion
Section 522 of the BNSS ensures consistency in legal proceedings by referring to the forms in the Second Schedule while also allowing flexibility to adapt them for each individual case. This balances standardization with the need for case-specific adjustments.
