Authorities before whom affidavits may be sworn
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Summary
Affidavits for use in any Court under this Code may be sworn or affirmed before a Judge, any Judicial or Executive Magistrate, a Commissioner of Oaths appointed by a High Court or Court of Session, or a Notary. The affidavit must separately state facts the deponent knows from his or her own 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 a criminal proceeding and swears it before a Judicial Magistrate. She specifies which facts she knows from her own knowledge and which she only believes, and gives reasons for those beliefs. If Priya includes any scandalous or irrelevant matter, the Court can order it struck out or amended.
Bare Act
Enacted text(1) Affidavits to be used before any Court under this Code may be sworn or affirmed before-
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(a) any Judge or any 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 (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.
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