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CHAPTER XXIII EVIDENCE IN INQUIRIES AND TRIALS · B.–Commissions for the examination of witnesses

Section 297: Authorities before whom affidavits may be sworn

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

(1) Affidavits to be used before any Court under this Code may be sworn or affirmed before—

1[(a) any Judge or Judicial or Executive Magistrate, or]

(b) any Commissioner of Oaths appointed by a High Court or Court of Session, or

(c) any notary appointed under the Notaries Act, 1952 (53 of 1952).

(2) Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief.

(3) The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.

Footnotes in the official text

  1. 1.Subs. by Act 45 of 1978, s. 22, for cl. (a) (w.e.f. 18-12-1978).

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

297. Authorities before whom affidavits may be sworn.BNSS 333

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