What Law Governs Affidavits in India?

Advocate

What Law Governs Affidavits in India?

 
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Advocate.

Dear Assumi Sir,


The Indian Oaths Act, 1873 governs the law relating to affidavits in India. I guess you know the answer but confirming from members in this Forum.

 
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Lawyer in Hyderabad.Email:ramachary64@gmail.com

Affidavit is a term or expression which is normally understood as a written statement swearing to the facts before an authority competent to administer an oath.Naturally it governs oath Act.

 
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Advocate

Thank you Shreeji and Ramaji.

 
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Advocate

Mr Asumi ,


It is true that the affidavits are guided by the oath Act but section 297 Cr.P.C contemplates that  the authorities before whom affidavits amy be sworn. Affidavits can be sworn by the any judge, or any jidical or executive Magistre or any fommissioer of oaths appointed by a high Cour or court of session, or any Notary appointed under theNoties act 1952. It is also contemplated same provisons in the C.P.C.

 
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- Oaths Act ,1973 applicable to all oaths and affidavits


- s. 297 of cr.pc in criminal matters


- order XIX of CPC in civil matters


- Notaries Act, 1952 for notary affidavits


and in addition to these legislations, there civil court rules and high court rules in  States


 

 
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Advocate

Thanks to Dr. Tripathy for your elaborate answer.

 
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Advocate

Thanks to Dr. Tripathy for your elaborate answer.

 
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What is the position of a case filed under the PWDV Act, 2005 if it has not been filed with an affidavit or verification.
Is the case still maintainable even when there are specific provisions and forms in the Act?

 
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Thanks for such a valuable information Tripathi Sir !

 
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