Authorities before whom affidavits may be sworn
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Summary
Affidavits for use in Court must be sworn or affirmed before a Judge, a Judicial or Executive Magistrate, a Commissioner of Oaths appointed by a High Court or Court of Session, or a notary. They must separately state facts the deponent knows from personal knowledge and facts the deponent reasonably believes, and must give the grounds for those beliefs. The Court may order any scandalous or irrelevant matter in the affidavit to be struck out or amended.
Example
Priya files an affidavit in Court saying a neighbour stole goods from her shop. She swears it before a notary. She must separate what she personally saw from what she merely believes and state why she believes it. If she adds scandalous gossip about the neighbour, the Court can order that part struck out.
Bare Act
Enacted text(1) Affidavits to be used before any Court under this Sanhita may be sworn or affirmed before-
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(a) any Judge or Judicial or Executive Magistrate; or
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(b) any Commissioner of Oaths appointed by a High Court or Court of Session; or
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(c) any notary appointed under the Notaries Act, 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.
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