Section 332 of BNSS : Section 332: Evidence of formal character on affidavit.
BNSS
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Explanation using Example
Example 1:
Scenario: A police officer, Inspector Sharma, is required to provide evidence regarding the chain of custody of a piece of evidence (a knife) in a murder trial.
Application of Section 332:
- Affidavit Submission: Inspector Sharma submits an affidavit detailing the chain of custody of the knife, including when and where it was collected, how it was stored, and when it was presented to the forensic lab.
- Court's Acceptance: The court accepts the affidavit as evidence because it is of a formal character, detailing procedural aspects rather than substantive facts of the case.
- Summoning for Examination: The defense attorney, suspecting discrepancies, requests the court to summon Inspector Sharma for cross-examination regarding the affidavit's contents.
- Court's Decision: The court, considering the request just, summons Inspector Sharma to testify in person and clarify any doubts about the affidavit's details.
Example 2:
Scenario: A bank manager, Mr. Verma, needs to provide evidence about the account statements of an accused in a financial fraud case.
Application of Section 332:
- Affidavit Submission: Mr. Verma submits an affidavit that includes certified copies of the accused's bank statements, explaining the transactions and account activities relevant to the case.
- Court's Acceptance: The court reads the affidavit as evidence since it pertains to formal records maintained by the bank.
- Summoning for Examination: The prosecution, aiming to establish a clear link between the transactions and the fraudulent activities, requests the court to summon Mr. Verma for further questioning.
- Court's Decision: The court, finding the request reasonable, summons Mr. Verma to provide additional testimony and answer specific questions about the account statements and banking procedures.
Example 3:
Scenario: A medical officer, Dr. Mehta, is required to provide evidence regarding the post-mortem report in a suspicious death case.
Application of Section 332:
- Affidavit Submission: Dr. Mehta submits an affidavit containing the post-mortem report, detailing the cause of death, time of death, and any injuries observed.
- Court's Acceptance: The court accepts the affidavit as evidence since it is a formal document prepared in the course of Dr. Mehta's official duties.
- Summoning for Examination: The accused's lawyer, questioning the findings, requests the court to summon Dr. Mehta for a detailed examination of the post-mortem report.
- Court's Decision: The court, considering the importance of the post-mortem findings, summons Dr. Mehta to testify in person and provide further clarification on the report's conclusions.
Example 4:
Scenario: A government official, Mr. Rao, needs to provide evidence about the issuance of a land ownership certificate in a property dispute case.
Application of Section 332:
- Affidavit Submission: Mr. Rao submits an affidavit that includes the land ownership certificate and explains the process of its issuance.
- Court's Acceptance: The court reads the affidavit as evidence since it pertains to formal records maintained by the government office.
- Summoning for Examination: The plaintiff, alleging forgery, requests the court to summon Mr. Rao for further questioning about the certificate's authenticity.
- Court's Decision: The court, finding the request justified, summons Mr. Rao to provide additional testimony and answer specific questions about the issuance process and verification of the certificate.