Section 332 BNSS : Evidence of formal character on affidavit .

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Introduction to Section 332 BNSS

Section 332 BNSS is about formal character evidence given through affidavits. It allows courts to accept written evidence for simple or routine matters that do not need detailed examination. This helps to save court time and speed up trials. It is a useful provision to make the justice system faster and more efficient.

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What is BNSS Section 332 ?

BNSS Section 332 says that formal evidence may be provided by affidavit. This saves time in court for evidence that is routine, official, or non-disputed. Both the prosecution and the accused can use this. The court can, if necessary, call the person for questioning. This section helps in balancing court speed with the right to cross-examine when required.

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BNSS Section of 332 in Simple Points

1. Evidence of Formal Character by Affidavit

BNSS Section 332 allows formal evidence to be given by affidavit. Formal evidence means routine or official facts that do not need detailed questioning. Examples include certificates, office records, or delivery proofs. This helps reduce unnecessary delays in court proceedings. It is especially helpful in simple matters. However, it does not apply to disputed or complicated facts. The court has full control to allow or reject it as per the situation.

2. Court’s Power to Call the Witness

Even though formal evidence is allowed by affidavit, the court has the full right to call that person for questioning. This can happen if the court thinks it’s necessary or if either the prosecution or defence requests it. This protects the right of both sides to cross-examine if required. The court’s role is to ensure fair justice while saving time. So, BNSS 332 balances speed with fairness. It prevents misuse of affidavits in tricky cases.

3. Benefit for Routine or Official Facts

This section is very useful in cases that involve regular facts that are easily verifiable. Example: confirming that a document was sent by post or that a certificate was issued by an authority. Such formal facts do not need the person to be present every time. BNSS 332 allows courts to rely on written documents for such matters. It saves the time of both the court and the officials involved. It also reduces unnecessary burden on witnesses.

4. Rights of Prosecution and Defence

BNSS Section 332 applies equally to both prosecution and defence. Both parties can use affidavits for formal facts in their favour. If the other party disagrees, they can request the court to summon the witness for live questioning. This gives a fair chance to both sides to prove or disprove the evidence. It also prevents fake or wrong affidavits from being accepted without proper checking. This ensures that justice is done properly in every case.

5. Contribution to Faster Trials

The main purpose of BNSS 332 is to make court cases faster by cutting down on routine delays. By allowing affidavits for formal matters, courts can focus on the important issues in the case. This benefits not just the courts but also the public by reducing pendency of cases. It makes the whole trial system more professional, smooth, and effective. In modern courts, such steps are necessary for improving efficiency in justice delivery.

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332 BNSS Overview

BNSS 332 provides that when a person’s evidence is of a formal nature, such as official records or certificates, it can be given through affidavit. This affidavit can be used in any inquiry, trial, or proceeding. However, if the court feels that the person should appear or if either party requests it, the court can summon the person to be examined. This ensures fairness along with efficiency.

BNSS Section 332 – 10 Key Points Explained

1. Formal Evidence Through Affidavit

BNSS Section 332 allows evidence of formal character to be submitted by affidavit. “Formal character” means basic or official facts like dates, signatures, official duties, or routine certificates. Such evidence does not usually need long questioning in court. Allowing affidavits saves court time by quickly presenting this kind of information. This process makes trials more organized and focused on the main issues. Routine official matters don’t need full in-person testimony every time. Affidavits serve the same purpose without delay or unnecessary hearings.

2. Applicable in All Types of Legal Proceedings

This section applies to any inquiry, trial, or other proceeding under BNSS. Whether it is a small inquiry or a full trial in a criminal court, formal evidence through affidavit is permitted. Courts can accept these affidavits directly into the case records. However, the courts have the power to reject such affidavits in special situations if fairness requires it. This flexibility helps courts decide what is appropriate based on the specific case. The provision applies equally to both prosecution and defence evidence.

3. Discretion of the Court to Summon Witnesses

While affidavits can be used, BNSS 332 gives the court full power to summon the person if needed. This means if the court believes that cross-examination or clarification is required, they can order the person to appear. Also, if the prosecution or accused asks for that person to be summoned, the court must agree. This balances convenience with fairness. It ensures that one party does not suffer because important points were hidden behind written affidavits alone. It makes the law practical yet protective of everyone’s rights.

4. Safeguarding the Right to Fair Trial

Allowing formal evidence through affidavits is useful, but only when it doesn’t harm the other party’s right to question it. If the evidence relates to facts that could decide the result of the case, the other party has a right to cross-examine. BNSS 332 maintains this right by allowing the court or the parties to call the person to testify in person. This ensures that the use of affidavits is not abused to hide weaknesses or avoid tough questions in court. Fairness remains the primary rule in all cases.

5. Saves Time for Minor or Routine Facts

The biggest benefit of BNSS 332 is saving court time on formal or minor points that do not affect the main issues of the case. For example, if a case involves proving that a postman delivered a notice, the postman’s affidavit may be enough. Courts don’t need to waste time calling every routine witness for small facts. By using affidavits for such formal matters, courts can focus on serious evidence, important witnesses, and complex parts of the case. It helps avoid unnecessary delays in trials.

6. Equal Use for Both Prosecution and Defence

BNSS 332 can be used by both the prosecution and the accused. Whether a government officer files the affidavit to prove official duties or the accused files it to show routine matters, the court treats them equally. There is no unfair advantage for either side. Also, both parties have the right to ask for such persons to appear in court for questioning if required. This ensures that the use of affidavits is a helpful process, not a shortcut for one side alone.

7. Examples of Formal Character Evidence

Examples of formal character evidence include certificates of posting, official gazette notifications, routine office records, and other documents confirming facts like dates or positions. Suppose a police officer gives an affidavit confirming the date a property was sealed by order of the court. Similarly, a postal worker may submit an affidavit confirming that a notice was delivered. These types of affidavits are simple but important for the official record of the case. They help courts work faster and focus on key evidence.

8. Exceptions Allowed by Court

BNSS 332 mentions that affidavits may be used “subject to all just exceptions.” This means that courts can reject the affidavit if it’s unfair or if the situation demands live testimony. For example, if the affidavit contains conflicting facts or important points are unclear, the judge may require the person to appear in court. This gives courts flexibility to handle every case fairly. The aim is to balance convenience and justice, not to allow one party to misuse affidavits to confuse or mislead the court.

9. Protects Against Frivolous Challenges

Since courts can rely on affidavits for formal facts, parties are discouraged from raising frivolous objections on small, undisputed points. This helps prevent parties from wasting the court’s time just to delay proceedings. However, if genuine doubt or confusion exists, the process remains open for deeper examination. BNSS 332 protects both the court’s time and the right to a fair trial. This makes court procedures more disciplined and purposeful, focusing only on real disputes that need time and attention.

10. Improves Efficiency of Judicial Process

Overall, BNSS Section 332 brings a systematic and efficient process to handling evidence of formal character. Indian courts often deal with heavy case loads, and provisions like this help to reduce unnecessary steps. It also reflects modern legal thinking, recognizing that not every piece of evidence needs in-person verification when written proof can work. While maintaining fairness through cross-examination rights, it streamlines proceedings. Courts are able to deliver judgments faster while preserving justice for both parties.

Example 1: A post office clerk provides an affidavit confirming that a legal notice was delivered on a certain date. Since this is a formal fact, the affidavit is accepted by the court unless questioned by the other side.

Example 2: A municipal officer gives an affidavit that a particular road belonged to the municipal authority. The defence agrees, so there is no need to call the officer for live testimony.

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BNSS Section 332 Short Information

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Why Needed BNSS 332?

BNSS 332 is needed because Indian courts handle millions of cases, many of which involve routine or formal facts that don’t need long explanations. For example, proving that a notice was sent or that a certificate was issued. Calling a witness just for these minor facts wastes valuable court time. By allowing affidavits for such formal facts, BNSS 332 saves time, reduces burden on officials, and allows judges to focus on real disputes. It balances speed with fairness by still giving the court the power to summon witnesses when required. This helps India’s justice system work more efficiently and reduce case backlogs.

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BNSS Section 332 FAQs

BNSS 332

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Conclusion

BNSS Section 332 makes trials faster by allowing routine or formal facts to be proved through affidavits instead of calling witnesses every time. At the same moment, it preserves fairness by giving the court and both parties the right to demand the witness’s presence whenever clarification is needed. It balances quick progress with full transparency.

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Finished with BNSS Section 332 ? Continue reading the next sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. Each section is explained in easy words, with simple examples, so anyone can understand it clearly.

• Section 333 BNSS : Officials Before Whom Affidavits Can Be Declared.
• Section 334 BNSS : Prove Previous Conviction or Acquittal .
• Section 335 BNSS : Record of Evidence in Absence of Accused .
• Section 336 BNSS : Evidence of public servants, experts, police officers in certain cases .

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