Section 139 of The Code of Civil Procedure, 1908
Oath on affidavit by whom to be administered.
In the case of any affidavit under this Code—
- (a)any Court or Magistrate, or 1[(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or]
- (b)any officer or other person whom a High Court may appoint in this behalf, or
- (c)any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf, may administer the oath to the deponent.
Summary
- This section lists the people who are allowed to oversee the signing and swearing of affidavits.
- Any Court or Magistrate can administer the oath to the person making the affidavit.
- Notaries who are appointed under the Notaries Act, 1952, are also authorized.
- High Courts can appoint specific officers or other people to handle this task.
- Other courts can also have officers appointed for this if the State Government has given them that power.
Practical examples
FAQ
1. Who can administer an oath on an affidavit under Section 139 of The Code of Civil Procedure, 1908?
Under Section 139 of the Act, any Court, Magistrate, or authorized Notary can administer the oath.
2. Can a Notary sign an affidavit under Section 139 of the Civil Procedure Code?
Yes, Section 139 of the Code includes notaries appointed under the Notaries Act, 1952.
3. Does a High Court have power over affidavits under Section 139 of the 1908 Code?
Yes, Section 139 of the Act allows the High Court to appoint officers or other persons to administer oaths.
4. Can any court officer handle affidavits under Section 139 of the Code of Civil Procedure, 1908?
Only if that court or officer has been generally or specially empowered by the State Government or High Court.
Test yourself
1.Under Section 139 of The Code of Civil Procedure, 1908, which Act governs the appointment of notaries who can handle affidavits?
2.Who has the authority to empower "other courts" to appoint officers for affidavits under Section 139 of The Code of Civil Procedure, 1908?
3.Can a Magistrate administer an oath for an affidavit under Section 139 of The Code of Civil Procedure, 1908?
4.Under Section 139 of The Code of Civil Procedure, 1908, can a person who is not a judge or magistrate be appointed to take affidavits?