CrPC 297→BNSS 333

CrPC 297 to BNSS 333: Authorities before whom affidavits may be sworn

Section 297 CrPC (1973) replaced by Section 333 BNSS (2023)

View CrPC Section 297 →View BNSS Section 333 →

CrPC 297 to BNSS 333 at a Glance

Section 297 CrPC (Authorities before whom affidavits may be sworn) is now Section 333 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 297 to BNSS 333?

From 1 July 2024, Section 333 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 297 of the Code of Criminal Procedure, 1973, with the same heading and the same text. Section 333(1) BNSS reads Sanhita where Section 297(1) CrPC read Code, a rename.

CrPC 297 vs BNSS 333: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section297333
HeadingAuthorities before whom affidavits may be swornSame
Sub-sections3 sub-sectionsSame

CrPC 297 and BNSS 333: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 297, CrPC 1973

297. Authorities before whom affidavits may be sworn.—(1) Affidavits to be used before any Court under this Code may be sworn or affirmed before— (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.
BNSS 2023 (in force)

Section 333, BNSS 2023

333. Authorities before whom affidavits may be sworn.—(1) Affidavits to be used before any Court under this Sanhita may be sworn or affirmed before— (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. (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.

When It Applies: CrPC 297 vs BNSS 333

Under CrPC 297
  1. Under Section 297(1)(a) CrPC, an affidavit to be used before any Court under the Code of Criminal Procedure, 1973 may be sworn or affirmed before any Judge or Judicial or Executive Magistrate.
  2. Under Section 297(1)(b) CrPC, such an affidavit may be sworn or affirmed before any Commissioner of Oaths appointed by a High Court or Court of Session.
  3. Under Section 297(1)(c) CrPC, such an affidavit may be sworn or affirmed before any notary appointed under the Notaries Act, 1952.
  4. Under Section 297(2) CrPC, affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from the deponent's own knowledge and such facts as the deponent has reasonable ground to believe to be true.
  5. In the latter case, the deponent shall clearly state the grounds of such belief, under Section 297(2) CrPC.
  6. Under Section 297(3) CrPC, the Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.
Under BNSS 333
  1. Under Section 333(1)(a) BNSS, an affidavit to be used before any Court under the Sanhita may be sworn or affirmed before any Judge or Judicial or Executive Magistrate.
  2. Under Section 333(1)(b) BNSS, such an affidavit may be sworn or affirmed before any Commissioner of Oaths appointed by a High Court or Court of Session.
  3. Under Section 333(1)(c) BNSS, such an affidavit may be sworn or affirmed before any notary appointed under the Notaries Act, 1952.
  4. Under Section 333(2) BNSS, affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from the deponent's own knowledge and such facts as the deponent has reasonable ground to believe to be true.
  5. In the latter case, the deponent shall clearly state the grounds of such belief, under Section 333(2) BNSS.
  6. Under Section 333(3) BNSS, the Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.

What CrPC 297 to BNSS 333 Means in Practice

From 1 July 2024, the provision on the authorities before whom affidavits may be sworn is Section 333 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 297 of the Code of Criminal Procedure, 1973.

FAQs: CrPC 297 to BNSS 333

Where is each sub-section of Section 297 CrPC found in Section 333 BNSS?▼

Section 297(1) CrPC is found in Section 333(1) BNSS, Section 297(2) CrPC in Section 333(2) BNSS and Section 297(3) CrPC in Section 333(3) BNSS, from 1 July 2024.

Are the authorities before whom an affidavit may be sworn the same in Section 333 BNSS as in Section 297 CrPC?▼

Yes. Section 333(1)(a) BNSS, Section 333(1)(b) BNSS and Section 333(1)(c) BNSS name the same authorities as Section 297(1)(a) CrPC, Section 297(1)(b) CrPC and Section 297(1)(c) CrPC: any Judge or Judicial or Executive Magistrate, any Commissioner of Oaths appointed by a High Court or Court of Session, and any notary appointed under the Notaries Act, 1952.

Are the rules on the contents of an affidavit the same in Section 333 BNSS as in Section 297 CrPC?▼

Yes. Section 333(2) BNSS and Section 333(3) BNSS are in the same words as Section 297(2) CrPC and Section 297(3) CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·