Section 331 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 331 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the procedure for presenting evidence concerning the conduct of public servants during legal proceedings. This provision allows applicants to submit allegations against public servants through affidavits, subject to the court's discretion.(prashantkanha.com, apnilaw.com)
📜 Text of Section 331
Section 331: Affidavit in proof of conduct of public servants(prashantkanha.com)
When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Sanhita, and allegations are made therein respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given.(prashantkanha.com)
⚖️ Comparison with the Criminal Procedure Code (Cr.P.C.)
Section 331 of the BNSS mirrors Section 295 of the Cr.P.C., which similarly permits the presentation of evidence concerning the conduct of public servants through affidavits. Both provisions grant the court discretion to accept such evidence, ensuring flexibility in legal proceedings.(apnilaw.com)
🧭 Practical Implications
Facilitating Legal Proceedings: By allowing affidavits to serve as evidence, Section 331 streamlines the process of presenting allegations against public servants, potentially reducing the need for lengthy testimonies.
Ensuring Judicial Discretion: The court's discretion to accept or reject such evidence ensures that the integrity of the judicial process is maintained, allowing for a thorough examination of the allegations.
Consistency with Established Legal Practices: Aligning with the Cr.P.C., Section 331 maintains consistency in legal procedures, facilitating a smoother transition for legal professionals and the judiciary.
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