Section 297 CrPC: Authorities Before Whom Affidavits May Be Sworn
Section 297 of the Code of Criminal Procedure, 1973 prescribed who may administer an oath or affirmation for affidavits used in criminal courts. The corresponding current provision is Section 333 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Who can administer an affidavit?
Under Section 333(1) BNSS, an affidavit intended for use before a court under the BNSS may be sworn or affirmed before:
- A Judge or a Judicial or Executive Magistrate under clause (a).
- A Commissioner of Oaths appointed by a High Court or Court of Session under clause (b).
- A notary appointed under the Notaries Act, 1952, under clause (c).
These are statutory categories of authorised persons. A person preparing or witnessing a document is not necessarily empowered to administer the oath or affirmation required for this purpose.
Section 297 CrPC - statutory provision
(1) Affidavits to be used before any Court under this Code may be sworn or affirmed before:
(a) any Judge or Judicial or Executive Magistrate; or
(b) any Commissioner of Oaths appointed by a High Court or Court of Session; or
(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.
Historical legislative note: Clause (a) was substituted by Act 45 of 1978, section 22, with effect from 18 December 1978.
Requirements for the contents of an affidavit
Section 297(2) CrPC and Section 333(2) BNSS require the deponent (the person making the affidavit) to distinguish facts personally known from facts reasonably believed to be true. Where a statement rests on belief, the affidavit must clearly explain the grounds for that belief. The requirement helps the court assess the source and reliability of the statements.
Power of the court to remove improper material
Section 297(3) CrPC and Section 333(3) BNSS permit the court to direct that scandalous and irrelevant material be struck out or amended. An affidavit should therefore contain facts relevant to the matter, rather than unnecessary accusations or unrelated assertions.
How this provision relates to affidavit evidence
Section 297 CrPC concerned the authority to administer affidavits and the manner in which their contents should be presented. It did not, by itself, make every affidavit admissible as proof of every disputed fact. For evidence of a formal character, see Section 296 CrPC, corresponding to Section 332 BNSS, which also addresses summoning and examining the deponent.
Official statutory references
- National Crime Records Bureau - BNSS provisions, including Section 333
- Ministry of Home Affairs - New Criminal Laws
- India Code - central legislation, including the CrPC and BNSS
Frequently asked questions
Which provision replaced Section 297 CrPC?
Section 333 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the corresponding provision governing authorities before whom affidavits may be sworn.
Can an affidavit be sworn before a notary?
Yes. Section 333(1)(c) BNSS recognises a notary appointed under the Notaries Act, 1952 for affidavits to be used before a court under the BNSS.
Can an affidavit include information based on belief?
Yes, provided the deponent separately identifies facts based on belief and clearly states the reasonable grounds for that belief.
Can a court remove irrelevant allegations from an affidavit?
Yes. Section 333(3) BNSS permits the court to order scandalous and irrelevant matter to be struck out or amended.
This article provides general legal information. Procedural requirements and court-specific rules should be checked for the particular case.