Code of Civil Procedure, 1908 | Section 139

Section 139 CPC: Oath on Affidavit - Who May Administer It?

Section 139 of the Code of Civil Procedure, 1908 identifies the courts, magistrates, notaries and other duly authorized persons who may administer an oath to a deponent making an affidavit under the CPC.

Section 139 CPC: Statutory provision

The text above retains all four categories appearing in the supplied Section 139 CPC source, including clause (aa) concerning notaries. Consult the official legislation and relevant local amendments for use in a particular jurisdiction.

Meaning of Section 139 CPC

An affidavit is a written statement of facts sworn or affirmed by its maker for use where law or procedure permits evidence or statements by affidavit. The deponent is the person who makes that statement. Administering an oath means formally requiring the deponent to swear or affirm the truth of the affidavit before an authorized person.

Section 139 specifies who is competent to administer that oath. It does not, by itself, make every affidavit admissible or conclusive, nor does it replace the procedural rules governing its form, verification or use in a proceeding.

1. Court or Magistrate - clause (a)

Any court or magistrate within the scope of the provision may administer the oath to a deponent for an affidavit under the CPC. The actual procedure is governed by the relevant court rules and practice.

2. Notary appointed under the Notaries Act, 1952 - clause (aa)

A notary duly appointed under the Notaries Act, 1952 is expressly recognized. The notary must act within the applicable statutory and regulatory authority. A notarized document is not automatically proof that every factual assertion in it is correct.

3. High Court-appointed officer or person - clause (b)

The High Court may appoint an officer or another person for administering oaths on affidavits. Eligibility depends on a valid appointment and any conditions attached to it; a job title alone is not enough to establish authority.

4. Officer appointed by an empowered court - clause (c)

An officer appointed by another court may administer the oath where the State Government has generally or specially empowered that court for this purpose. Both the enabling authority and the appointment matter.

Practical affidavit procedure in civil cases

1. Prepare the statement: State the facts clearly and distinguish personal knowledge from information or belief where required by applicable rules.
2. Check the correct authority: Verify that the person administering the oath falls within Section 139 and any applicable local rules.
3. Swear or affirm: The deponent should personally complete the oath or affirmation process as required, with proper identification and attestation.
4. Complete verification: Follow the prescribed jurat, signature, date, place, exhibit identification and filing requirements.
5. File in accordance with court rules: Electronic filing, translations and formatting may be governed by the relevant court's current practice directions.

Related CPC provisions and other laws

• Order XIX CPC: Governs affidavits, including the court's power to order proof by affidavit and restrictions concerning matters of knowledge, information and belief.
• Order VI Rule 15 CPC: Addresses verification of pleadings and the supporting affidavit requirement under the applicable procedural framework.
• Notaries Act, 1952: Provides the statutory basis for the appointment and functions of notaries referred to in Section 139(aa).
• Section 138 CPC deals with recording evidence in English under specified High Court directions.
• Section 140 CPC addresses assessors in specified causes and is distinct from affidavit administration.

For the current central statutory text and related enactments, use the official India Code portal. Check the rules and notifications of the court where the affidavit will be used, including applicable State amendments.

Frequently asked questions

This page provides general legal information and does not replace the governing statute, court rules or advice on an individual proceeding.