Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 332: Evidence of Formal Character on Affidavit
(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.
Brefe Detail
Section 332 of the Bharatiya Nagarik Suraksha Sanhita, 2023, allows for the submission of formal evidence through affidavits. This section permits such affidavits to be read in legal proceedings, while also allowing the Court to summon the person providing the affidavit for examination if necessary.
Question & Answers
Q1: What type of evidence can be given by affidavit according to this section?
A1: The evidence of any person whose evidence is of a formal character may be given by affidavit.
Q2: In what proceedings can such affidavits be read as evidence?
A2: Affidavits may be read in any inquiry, trial, or other proceeding under this Sanhita.
Q3: Can the Court summon the person who provided the affidavit?
A3: Yes, the Court may summon and examine such a person on the application of the prosecution or the accused.
Q4: Are there any exceptions to reading affidavits in evidence?
A4: Yes, the reading of affidavits is subject to all just exceptions.
Example
1. A formal character witness can provide their testimony through an affidavit, which will be accepted as evidence in a trial.
2. If the prosecution or defense disputes the contents of the affidavit, they can request the Court to summon the witness for further examination.
Summary
Section 332 of the Bharatiya Nagarik Suraksha Sanhita, 2023, facilitates the use of affidavits as formal evidence in legal proceedings. It allows such evidence to be read during inquiries and trials while also giving the Court the authority to summon witnesses for clarification on the affidavit's content.
