Section 331 BNSS: Affidavit in Proof of Conduct of Public Servants
Section 331 of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits affidavit evidence when an application made during an inquiry, trial or other BNSS proceeding contains allegations concerning a public servant. The Court may also direct that evidence relating to those facts be given by affidavit.
Text of Section 331 BNSS
331. Affidavit in proof of conduct of public servants.
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.
Meaning of Section 331
The provision creates a specific method for placing evidence before the Court where an application filed in a BNSS proceeding contains factual allegations concerning a public servant. Instead of proving every such fact only through oral evidence at that stage, the applicant may support the allegations through an affidavit.
The power is not entirely automatic. Section 331 expressly preserves the Court's discretion. The Court may accept affidavit evidence in the circumstances covered by the section and may also order that evidence concerning those facts be given by affidavit when it considers that course appropriate.
Essential requirements
- An application must be before a Court.
- The application must arise in the course of an inquiry, trial or other proceeding under the BNSS.
- The application must contain allegations concerning a public servant.
- The applicant may prove the facts alleged in that application by affidavit.
- The Court may, if it thinks fit, direct that evidence relating to those facts be given by affidavit.
How the provision operates in practice
Section 331 is concerned with the mode of proof of facts alleged in an application. It does not by itself decide whether the allegations are true, whether the public servant is liable, or what final order should be passed. Those matters remain for judicial determination according to the facts, the applicable law and the other evidence on record.
An affidavit used for this purpose should clearly identify the proceeding, the application being supported, the relevant facts concerning the public servant and the basis on which the deponent states those facts. Care should also be taken to comply with the rules governing affidavits before the Court concerned.
Relationship with Sections 332 and 333 BNSS
Section 332 BNSS separately deals with evidence of a formal character that may be given by affidavit. Section 333 BNSS specifies the authorities before whom affidavits used under the Sanhita may be sworn or affirmed and also addresses the manner in which facts should be stated in an affidavit.
Quick reference
| Law | Bharatiya Nagarik Suraksha Sanhita, 2023 |
|---|---|
| Section | 331 |
| Subject | Affidavit in proof of conduct of public servants |
| Where it applies | An application made to a Court during an inquiry, trial or other proceeding under the BNSS containing allegations concerning a public servant |
| Mode of evidence | Affidavit evidence may be used; the Court may also direct that such evidence be given by affidavit |
Related BNSS provisions
The provisions immediately following Section 331 deal with related evidentiary and procedural matters. You may also read Section 334 on proof of previous conviction or acquittal, Section 335 on recording evidence in the absence of an accused, and Section 336 on evidence of public servants, experts and police officers in certain cases.
Last reviewed: 11 September 2026. This page is for legal information and should be read with the current statutory text, applicable rules and case law.