Chapter XXIII
Section 297 CrPC: Authorities before whom affidavits may be sworn
New Law Update (2024)
Section 326 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Affidavits to be used before any Court under this Code may be sworn or affirmed before—
(i) any Judge or any Judicial or Executive Magistrate, or
(ii) any Commissioner of Oaths appointed by a High Court or Court of Session, or
(iii) 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.
Important Sub-Sections Explained
Section 297(1)
This sub-section identifies the specific legal authorities, including Judges, Magistrates, Commissioners of Oaths, and Notaries, who are empowered to administer oaths and affirmations for affidavits used in criminal proceedings.
Section 297(2)
This crucial sub-section mandates that affidavits must clearly distinguish between facts known personally by the deponent and facts believed to be true. For facts based on belief, the deponent must explicitly state the grounds for such belief, ensuring transparency and reliability of the statement.
Landmark Judgements
State of Gujarat v. Shantilal Mangaldas, AIR 1987 SC 1120:
This Supreme Court judgment, though not exclusively on Section 297, extensively discussed the importance of an affidavit conforming to the requirements that the deponent must state the source of knowledge or the grounds of belief for facts not within personal knowledge, a principle inherent in CrPC Section 297(2).
M/s. Sukhwinder Singh V. State of Punjab and others, 2021 SCC OnLine P&H 1060:
The Punjab & Haryana High Court emphasized the mandatory nature of Section 297(2) of the CrPC, reiterating that affidavits must clearly delineate facts based on personal knowledge from those based on belief, with specific grounds stated for the latter, to ensure their evidentiary value and reliability.