297
297
Authorities before whom affidavits may be sworn
Code of Criminal Procedure, 1973
Chapter XXIII Evidence in Inquiries and Trials
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsAffidavitLegal ProcedureNotaryCourt
🗣️ Simple Explanation
What does this law say?
Section 297 of the CrPC explains who can officially receive an affidavit. You can swear or affirm an affidavit before a judge, magistrate, or a notary. The affidavit must state facts you know or reasonably believe to be true.
Why does this law exist?
This law ensures that affidavits are properly made and verified. It helps maintain the integrity of the legal process. It provides a clear process for creating legal documents.
Real-life impact
This affects anyone who needs to make an affidavit. It tells you where to go to get it done correctly. It ensures the affidavit is legally valid.
What happens if you break this law?
This section itself doesn't have a punishment. It's about how to make an affidavit. If you lie in an affidavit, you could face charges for perjury.
💡 Real Life Example
Amit needs to submit an affidavit for a property dispute. He goes to a notary to get it sworn. The notary verifies his identity and administers the oath. The affidavit is then valid for court.
Sneha is applying for a passport. She needs an affidavit to prove her address. She goes to a magistrate to get it sworn. The magistrate ensures the affidavit is properly made.
🛡️ KNOW YOUR RIGHTS
- •Know who can administer an oath for your affidavit.
- •Ensure your affidavit is accurate and truthful.
- •Clearly state the basis of your beliefs in the affidavit.
- •Seek legal advice if you are unsure.
❓ FREQUENTLY ASKED QUESTIONS
An affidavit can be sworn or affirmed before a judge, magistrate, or a notary. These officials are authorized to administer oaths. They ensure the affidavit is properly made. They verify the identity of the person making the affidavit. This ensures the affidavit is legally valid and can be used in court.
Your affidavit should include facts you know to be true. It should also include facts you reasonably believe to be true. If you believe something, you must clearly state the reasons for your belief. Make sure the information is accurate. Seek legal advice if you are unsure.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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