Indian criminal procedure | Updated 18 October 2026

CrPC Section 295 - Affidavit in Proof of Conduct of Public Servants

Section 295 of the Code of Criminal Procedure, 1973 (CrPC) permits affidavit evidence about allegations concerning a public servant made in an application during criminal proceedings. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 331.

Current legal position: The BNSS came into force on 1 July 2024. CrPC Section 295 remains relevant to proceedings saved under the transitional provisions of BNSS Section 531. The applicable procedural law depends on the nature and stage of the proceeding.

CrPC Section 295 - Statutory text

When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Code, 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.

This is the single-paragraph provision of Section 295. It does not contain separate subsections.

BNSS Section 331 - Current corresponding provision

Section 331, Bharatiya Nagarik Suraksha Sanhita, 2023: 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.

The operative rule is substantially unchanged: the statutory reference to the former Code is replaced by the reference to the Sanhita. See the government-hosted BNSS text and the Bureau of Police Research and Development publication.

Meaning and scope of the provision

What is an affidavit?

An affidavit is a written statement of facts sworn or affirmed before an authorised person. In this context it provides a method for placing factual allegations about a public servant before a criminal court.

Who is a public servant?

The expression is governed by the applicable statutory definition, including Section 2(28) of the Bharatiya Nyaya Sanhita, 2023 in relevant current-law contexts. Whether a particular official falls within the definition depends on the governing enactment and the official's duties.

When can an affidavit be used?

The section operates when an application made during an inquiry, trial or other proceeding contains allegations respecting a public servant. The applicant may support the alleged facts by affidavit. The court may also direct that evidence about those facts be furnished in affidavit form.

Does the affidavit automatically prove misconduct?

No. The provision concerns the manner of presenting evidence. It does not itself establish that an allegation is true, dispense with judicial scrutiny or determine the legal consequences of the alleged conduct. Admissibility and evidentiary weight remain subject to applicable law.

Practical application in criminal proceedings

Identify the relevant proceeding: Establish whether the BNSS applies or whether the case is governed by the saved CrPC procedure.
Specify the allegations: State the relevant acts or omissions of the public servant clearly in the application.
Prepare the affidavit: Set out facts within personal knowledge and distinguish information derived from other sources, where applicable.
Swear or affirm properly: Follow the requirements governing affidavits, including BNSS Section 333 (corresponding to CrPC Section 297).
Follow the court's directions: The court decides how the affidavit is to be considered and whether further evidence is necessary.

Related provisions: CrPC Section 296 (BNSS Section 332) addresses evidence of a formal character by affidavit; CrPC Section 297 (BNSS Section 333) deals with authorities before whom affidavits may be sworn and their contents. These provisions serve distinct purposes.

Frequently asked questions

What is the BNSS equivalent of CrPC Section 295?

Section 331 of the BNSS, 2023, titled "Affidavit in proof of conduct of public servants."

Is an affidavit mandatory whenever a public servant is mentioned?

No. Section 295 uses the word "may" for the applicant. It also empowers the court, if it thinks fit, to order affidavit evidence about the alleged facts.

Can Section 295 still apply after 1 July 2024?

Yes, in appropriate saved proceedings, subject to the repeal and savings provisions of BNSS Section 531 and other applicable legal rules.

Is this provision limited to police officers?

No. The provision refers to public servants generally, not only police officers.

Official legal references

This article provides general legal information. Consult the applicable statutory text, procedural rules and case-specific court orders before relying on any provision in litigation.