Code
Section 139. Oath on affidavit by whom to be administered.—
In the case of any affidavit under this Code—
(a) any Court or Magistrate; or
(aa) any Notary appointed under the Notaries Act, 1952; or
(b) any officer or other person whom a High Court may appoint for this purpose; or
(c) any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf,
may administer the oath to the deponent.
Explanation of Section 139 CPC
Section 139 of the Code of Civil Procedure, 1908 identifies the persons who are legally authorized to administer an oath or affirmation to a person making an affidavit under the Code. The provision ensures that affidavits submitted before civil courts are properly verified by competent authorities, thereby enhancing their authenticity and evidentiary value.
An affidavit is a written statement made voluntarily by a person, known as the deponent, who confirms that the facts stated in the document are true. Before an affidavit can be used in court proceedings, the deponent must take an oath or affirmation before an authorized officer.
Authorities Empowered to Administer Oaths
Section 139 authorizes several authorities to administer oaths on affidavits. These include courts, magistrates, notaries appointed under the Notaries Act, 1952, officers or persons appointed by a High Court, and officers appointed by other courts that have received authorization from the State Government.
By recognizing multiple authorities, the provision makes the affidavit process more accessible while maintaining legal validity.
Role of a Notary
The inclusion of notaries under Section 139 allows individuals to execute affidavits without necessarily appearing before a court or magistrate.
A notary verifies the identity of the deponent, administers the oath or affirmation, and certifies the affidavit according to the law. This process simplifies the preparation of affidavits for many civil proceedings.
Appointment by High Courts and State Governments
The Code also allows High Courts to appoint officers or other qualified persons to administer oaths. Similarly, other courts may appoint officers for this purpose if the State Government grants the necessary authority.
This flexibility helps ensure that litigants can access authorized officials in different regions without unnecessary delay.
Purpose of Section 139 CPC
The primary purpose of Section 139 CPC is to ensure that affidavits submitted before civil courts are verified through a legally recognized process. The provision strengthens the reliability of affidavits and helps prevent false or unauthorized declarations from being used in judicial proceedings.
It also simplifies access to justice by permitting multiple authorized authorities to administer oaths.
Importance of Section 139 CPC
Section 139 CPC plays an important role in maintaining the credibility of documentary evidence presented before civil courts. A properly sworn affidavit carries greater legal value because it confirms that the deponent has formally declared the truthfulness of its contents.
The provision also promotes efficiency by allowing affidavits to be executed before authorized officers outside the courtroom, thereby saving time for both litigants and courts.
Illustration
A plaintiff files a civil suit and submits an affidavit supporting the facts stated in the plaint. Before filing the affidavit, the plaintiff visits a notary appointed under the Notaries Act, 1952. The notary verifies the plaintiff’s identity, administers the oath, and certifies the affidavit. The affidavit then becomes valid for submission before the civil court.
In another case, a High Court appoints certain court officers to administer oaths for affidavits. A litigant appears before one of these authorized officers, takes the prescribed oath, and signs the affidavit, which is then accepted by the court.
Common Questions and Answers
1. What is the purpose of Section 139 CPC?
Answer:
Section 139 CPC specifies the authorities who can legally administer oaths or affirmations for affidavits filed under the Code of Civil Procedure.
2. Who can administer an oath under Section 139 CPC?
Answer:
Courts, Magistrates, Notaries appointed under the Notaries Act, 1952, officers appointed by High Courts, and officers authorized by courts with State Government approval may administer oaths on affidavits.
3. Can a notary administer an oath on an affidavit?
Answer:
Yes. A notary appointed under the Notaries Act, 1952 is legally authorized to administer an oath or affirmation and certify affidavits under Section 139 CPC.
4. Why is Section 139 CPC important?
Answer:
Section 139 CPC ensures that affidavits are verified by competent authorities, thereby improving their authenticity, reliability, and legal acceptance in civil proceedings.
Conclusion
Section 139 CPC establishes a clear legal framework for administering oaths on affidavits used in civil proceedings. By authorizing courts, magistrates, notaries, and other appointed officers to perform this function, the provision ensures that affidavits remain trustworthy and legally valid. It also improves access to justice by allowing litigants to complete affidavit formalities through various recognized authorities while maintaining the integrity of judicial proceedings.
