Section 297 CrPC: Affidavits – Authorities and Jurisdiction

1. State the Code:

Section 297 of the Code of Criminal Procedure (CrPC), 1973, deals with the acceptance of affidavits and the jurisdiction of authorities to receive them.

2. 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

3. 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.

4. Gist of 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?
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?
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.