Section 297 CrPC: Authorities before whom affidavits may be sworn

Code of Criminal Procedure, 1973

Section 297 CrPC at a Glance

Section 297 CrPC deals with authorities before whom affidavits may be sworn. From 1 July 2024 it is replaced by Section 333 BNSS.

Now BNSS

Section 333 →

What Section 297 CrPC Says

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.

Source: Section 297, Code of Criminal Procedure, 1973

Section 297 CrPC in Simple Words

Section 297 of the Code of Criminal Procedure, 1973 deals with affidavits to be used before any Court under the Code. Section 297(1) CrPC lists the persons before whom they may be sworn or affirmed: 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.

Under Section 297(2) CrPC, 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 the deponent has reasonable ground to believe to be true. Under Section 297(3) CrPC, the Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.

When Section 297 CrPC Applies

  • 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.
  • 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.
  • Under Section 297(1)(c) CrPC, such an affidavit may be sworn or affirmed before any notary appointed under the Notaries Act, 1952.
  • 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.
  • In the latter case, the deponent shall clearly state the grounds of such belief, under Section 297(2) CrPC.
  • Under Section 297(3) CrPC, the Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.

Example of Section 297 CrPC

Ramesh prepares an affidavit to be used before a Court under the Code of Criminal Procedure, 1973 and has it sworn before Meera, a notary appointed under the Notaries Act, 1952, under Section 297(1)(c) CrPC. In the affidavit, Ramesh states separately the facts that Ramesh is able to prove from Ramesh's own knowledge and the facts that Ramesh has reasonable ground to believe to be true, and clearly states the grounds of such belief, as Section 297(2) CrPC provides. A paragraph of the affidavit contains scandalous and irrelevant matter about Suresh. Under Section 297(3) CrPC, the Court may order that matter to be struck out or amended.

When Section 297 CrPC Does Not Apply

  • Section 297(1) CrPC speaks of affidavits to be used before any Court under the Code. It does not deal with an affidavit to be used before a body that is not a Court.
  • Section 297(2) CrPC speaks of the facts stated in an affidavit. It does not deal with the oral evidence of a witness examined in Court.
  • Section 297(3) CrPC speaks of scandalous and irrelevant matter in the affidavit. It does not deal with matter in a document that is not an affidavit.

Section 297 CrPC Under BNSS 333: What Changed

Section 297 CrPC is now covered under Section 333 BNSS.

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.

View detailed comparison (CrPC 297 vs BNSS 333) →

FAQs on Section 297 CrPC

Before whom may an affidavit be sworn or affirmed under Section 297 CrPC?▼

Under Section 297(1) of the Code of Criminal Procedure, 1973, affidavits to be used before any Court under the Code may be sworn or affirmed before any Judge or Judicial or Executive Magistrate under Section 297(1)(a) CrPC, any Commissioner of Oaths appointed by a High Court or Court of Session under Section 297(1)(b) CrPC, or any notary appointed under the Notaries Act, 1952 under Section 297(1)(c) CrPC.

What facts does Section 297(2) CrPC say an affidavit shall state?▼

Section 297(2) of the Code of Criminal Procedure, 1973 provides that 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. In the latter case, the deponent shall clearly state the grounds of such belief.

What may the Court do about scandalous and irrelevant matter in an affidavit under Section 297 CrPC?▼

Under Section 297(3) of the Code of Criminal Procedure, 1973, the Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.

Where is Section 297 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. 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.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·