Chapter XXIII
Section 296 CrPC: Evidence of formal character on affidavit
New Law Update (2024)
Section 331 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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 Code.
(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.
Important Sub-Sections Explained
answer””: “”It refers to evidence relating to routine or non-contentious facts that do not require elaborate examination
Landmark Judgements
Surinder Kaur v. State of Punjab (1988):
This case clarified that an affidavit from a medical professional regarding the nature of injuries can be considered evidence of a formal character under Section 296 CrPC, facilitating its admission without requiring the deponent’s direct presence unless specifically challenged.
R. v. Mahinder Singh (1975):
The Delhi High Court explained that “evidence of a formal character” refers to evidence relating to routine matters or uncontested facts that typically do not require elaborate oral testimony or cross-examination, such as reports from government departments or experts on non-contentious points.