BNSS Section 333 — Authorities before whom affidavits may be sworn

Summary

Affidavits that are to be used in any court under this law can be sworn or affirmed before a Judge, a Judicial or Executive Magistrate, a Commissioner of Oaths appointed by a High Court or Court of Session, or a notary appointed under the Notaries Act, 1952. The affidavit must only include facts the person making it can prove from their own knowledge, and facts they reasonably believe to be true—if they include facts based on belief, they must clearly explain why they believe them. The court can order any offensive or irrelevant material in the affidavit to be removed or corrected.

Official Text

(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 (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.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §297 — Authorities before whom affidavits may be sworn