Description

Section 139 of the Code of Civil Procedure (CPC) governs the procedure for administering an oath on an affidavit in civil proceedings. An affidavit is a written statement of facts that is sworn to be true by the person making it, and this section ensures that the process is carried out in a legally proper manner.

Key Provisions of Section 139:

1. Administration of Oath:

   • Section 139 specifies that an oath on affidavit should be administered by an authorized person. The individual taking the oath swears or affirms the truthfulness of the facts mentioned in the affidavit before an authority empowered to do so.

2. Persons Authorized to Administer Oath:

   • The section identifies the following individuals as being authorized to administer an oath on an affidavit:
     • A Judge of a court.
     • A Magistrate.
     • A Notary Public.
     • Any other person authorized by law to administer an oath in the jurisdiction.

   These individuals are considered legally empowered to witness the swearing of an affidavit and ensure that it is done according to the rules of law.

3. Purpose of Administering Oath:

   • The oath serves as a formal declaration that the contents of the affidavit are true to the best of the affiant’s knowledge and belief. By taking the oath, the affiant agrees that any false statements made in the affidavit could lead to legal consequences, such as charges of perjury.

4. Affidavit in Court Proceedings:

   • Affidavits are often required in civil cases for evidentiary purposes. For example, they may be used to support pleadings, file applications, or provide testimony in the form of written statements. The affidavit must be sworn before a person authorized by the law (as outlined in Section 139) to ensure its legal validity.

5. Legal Validity:

   • The provision ensures that an affidavit submitted in court is taken under legal oath, providing it with validity and enforceability. The person administering the oath acts as an official witness, confirming that the affiant's statement is made under solemn affirmation.

6. Affidavit for Different Purposes:

   • Affidavits can be used in various legal contexts, such as:
     • Filing civil suits.
     • Appeals and applications.
     • Evidence submissions.
   • The requirement for an oath ensures the accuracy of the statements made in affidavits, maintaining the integrity of the judicial process.

Punishment

While Section 139 of the CPC does not specify direct punishments for non-compliance, there are significant legal consequences for improper or false affidavits:

1. Perjury:

   • If the affidavit is found to contain false statements, the person who made the affidavit may be charged with perjury (under Section 191 of the Indian Penal Code). Perjury is a criminal offense where an individual knowingly makes false statements under oath. It is a punishable offense, often carrying imprisonment or a fine.

2. Admissibility of Evidence:

   • An affidavit that is not sworn correctly, or not administered by an authorized person, may be invalid and, therefore, inadmissible as evidence in the case. This could lead to the rejection of the affidavit and the delay of proceedings.

3. Court Sanctions:

   • The court may impose sanctions, including penalties or a fine, on those who submit false affidavits or fail to follow the prescribed process for administering an oath.

4. Contempt of Court:

   • If a person knowingly submits false information through an affidavit, or refuses to take an oath properly, they may also be held in contempt of court, leading to further legal repercussions such as fines or imprisonment.