Bharatiya Nagarik Suraksha Sanhita, 2023
Section 333
Authorities before whom affidavits may be sworn
(1) Affidavits to be used before any Court under this Sanhita 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.
Why this exists
This provision, from Section 297 of the old CrPC, establishes clear authorities empowered to administer oaths on affidavits and requires affidavits to clearly distinguish personal knowledge from belief, protecting the integrity of sworn evidence used across the streamlined affidavit procedures found elsewhere in this Chapter.
Common misconceptions
- Myth: An affidavit can include anything the person swearing it wants to say.
Fact: The court can order any scandalous or irrelevant matter in the affidavit to be struck out or amended.