Code of Criminal Procedure, 1973 · Chapter XXIII: Evidence in Inquiries and Trials · B.–Commissions for the examination of witnesses
Section 296: Evidence of formal character on affidavit
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
(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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 296
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Virender Pal @ Vipin v. State of Haryana
Issue arose as regards correctness of High Court order dismissing the appeal of the accused-appellant and upholding his conviction u/s.304-B of Penal Code, 1860.
- Savelife Foundation & Anr. v. Union of India & Anr.
- M/S. Mandvi Co-Op Bank Ltd. v. Nimesh B. Thakore
- Radhey Shyam Garg v. Naresh Kumar Gupta
- The State of Punjab v. Surja Ram