Section 333 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 333 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 specifies the authorities before whom affidavits may be sworn for use in any Court under this Sanhita. This section is analogous to Section 293 of the Indian Penal Code (Cr.P.C.), 1973.
Text of Section 333
Authorities before whom affidavits may be sworn
Authorized Persons to Administer Oaths: Affidavits to be used before any Court under this Sanhita may be sworn or affirmed before
(a) Any Judge or Judicial or Executive Magistrate;
(b) Any Commissioner of Oaths appointed by a High Court or Court of Session;
(c) Any notary appointed under the Notaries Act, 1952
Content of Affidavits: 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.
Court's Authority Over Affidavits: The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.
Explanation
Section 333 outlines the procedures for the administration of oaths and the preparation of affidavits to be used in legal proceedings under the BNSS, 2023:
Authorized Persons: The section designates Judges, Judicial or Executive Magistrates, Commissioners of Oaths, and notaries as authorized individuals before whom affidavits may be sworn.
Affidavit Content: It mandates that affidavits must be based on the deponent's personal knowledge or reasonable belief, with clear indication of the grounds for any beliefs stated.
Court's Discretion: The Court has the discretion to remove any scandalous or irrelevant content from affidavits to maintain the integrity and relevance of the evidence presented.
Significance
Ensures Integrity: By specifying who may administer oaths and the content requirements for affidavits, this section upholds the integrity and reliability of sworn statements in legal proceedings.
Protects Legal Process: The Court's authority to amend or strike out inappropriate content ensures that affidavits contribute constructively to the judicial process.
Aligns with Legal Standards: This provision aligns with established legal standards for affidavits, ensuring consistency and clarity in their use across various legal contexts.
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