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Section297
The Code of Criminal Procedure, 1973

Authorities before whom affidavits may be sworn

Repealed From 01 Apr 1974 Act 2 of 1974 As on 15 Oct 2026

Act 2 of 1974 Ministry Home Affairs Enacted 25 Jan 1974 In force 01 Apr 1974

This provision is repealed. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 297 of the Code of Criminal Procedure, 1973 deals with authorities before whom affidavits may be sworn. Affidavits to be used before any Court under this Code may be sworn or affirmed before- [(a) any Judge or any 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). The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.

(1) Affidavits to be used before any Court under this Code may be sworn or affirmed before-

1[(a) any Judge or any 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.

Section 297, The Code of Criminal Procedure, 1973 (Act 2 of 1974).

Now in the Bharatiya Nagarik Suraksha Sanhita

BNSS 333 Authorities before whom affidavits may be sworn Text carried over almost unchanged 100%

Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.

Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.

Judgments citing this section

These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.

  1. High Court 07 Jun 2022 SKHC010001622021

    … hereby appoints the Block Development Officer, Rural Management & Development Department, Government of Sikkim to be the Special Executive Magistrates for the performance of the following specific functions with their respective jurisdiction, namely:- - (1) Swearing in or Affirmation of Affidavits under Section 297 of the Code of Criminal Procedure, 1973. - (2) Issuance of:- - (a) Scheduled Caste and Scheduled Tribe Certificate. - (b) Other Backward Class and Most Backward Class Certificate. - (c) Income Certificate. - (d) Property Certificate. - (e) Employment Card. - (f) Married/Unmarried …

    Read this order on eCourtsIndia

Questions about Section 297

What does Section 297 of the Code of Criminal Procedure deal with?

Section 297 of the Code of Criminal Procedure is headed "Authorities before whom affidavits may be sworn". Affidavits to be used before any Court under this Code may be sworn or affirmed before- [(a) any Judge or any 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).

How do I find court cases under Section 297 of the Code of Criminal Procedure?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 297, section 297 CRPC, section 297 of the Code of Criminal Procedure. People searching for it also type crpc 297 in bnss and crpc 297 2. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 297 of the Code of Criminal Procedure, and has it changed?

For anything done on or after 1 July 2024 the provision to read is BNSS 333 (Authorities before whom affidavits may be sworn), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 297 of the Code of Criminal Procedure come into force?

Section 297 of the Code of Criminal Procedure, cited as CRPC 297, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.