Code
(1) Affidavits to be used before any Court under this Code may be sworn or affirmed before—
1[(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.
Explain it:
Section 297 clarifies the following aspects of affidavits:
- Authority to Receive Affidavits: Any officer empowered under the CrPC to receive evidence in a criminal case can receive affidavits. This includes, but is not limited to, Magistrates, the police, and other court officials.
- Jurisdiction: The officer receiving the affidavit must have jurisdiction over the matter to which the affidavit relates. In other words, they must be authorized to deal with the case in question.
- Form of Affidavit: The affidavit must be in a prescribed form and be duly signed and attested by the affiant. It should contain a statement of facts, beliefs, or opinions supported by evidence.
- Use of Affidavits: Affidavits are used in various stages of criminal proceedings, such as:
- Filing applications or petitions
- Proving specific facts in the case
- Recording evidence in certain situations
Illustrate it:
Imagine a situation where a person wants to file an application for anticipatory bail (protection from arrest). They can approach a Magistrate with an affidavit stating the facts of the case and reasons for seeking bail. The Magistrate, having jurisdiction over bail matters, will accept the affidavit and consider it while deciding the application.
Common Questions and Answers:
Q: Can anyone file an affidavit in a criminal case?
A: No, only a person authorized by law and with relevant knowledge of the matter can file an affidavit.
Q: What happens if the affidavit is filed before an officer
without jurisdiction?
without jurisdiction?
A: Such an affidavit may be considered invalid, and the officer might reject it.
Q: Can an affidavit be used as the sole evidence in a criminal
case?
case?
A: While affidavits are often used in evidence, they are not generally considered conclusive proof in a criminal trial. The court may require further evidence or examination of witnesses.
