Section 355: Court, tribunal or person, etc., before whom affidavit may be sworn
This section sets out who can take an affidavit and what authentication is recognised for the purposes of this Chapter.
The section, clause by clause
What the section says
In plain terms
(1)Any affidavit required to be sworn under the provisions, or for the purposes, of this Chapter may be sworn—
An affidavit required under this Chapter may be sworn in India before a court, tribunal, judge or person authorised to take affidavits, or in another country before a court, judge or person authorised to take affidavits, or before an Indian diplomatic or consular officer.
(1)(a)in India before any court, tribunal, judge or person lawfully authorised to take and receive affidavits; and
(1)(b)in any other country before any court, judge or person lawfully authorised to take and receive affidavits in that country or before an Indian diplomatic or consular officer.
(2)All tribunals, judges, Justices, commissioners and persons acting judicially in India shall take judicial notice of the seal, stamp or signature, as the case may be, of any such court, tribunal, judge, person, diplomatic or consular officer, attached, appended or subscribed to any such affidavit or to any other document to be used for the purposes of this Chapter.
Tribunals, judges, and other persons acting judicially in India must take notice of the seal, stamp or signature of the court, tribunal, judge, person, diplomatic or consular officer on an affidavit or document used for this Chapter.
The right-hand column is written from the section text, not quoted from it, and it has no legal force. Where the two differ, the left-hand column is the law.
Amendment notes
- 1. Subs.by Act 29 of 2020, s. 51, for sub-section (2) (w.e.f. 21-12-2020).
- 2. Subs. by Act 31 of 2016, s. 255 and the Eleventh Schedule, for section 357 (w.e.f. 15-11-2016).
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Reproduced from the official India Code print for reference. Check the current text on India Code before you rely on it, and read the section alongside its Rules. Nothing here is legal advice.