Section 139 — Oath on affidavit by whom to be administered
Who may put the deponent on oath. For any affidavit under the Code, the oath may be administered by any Court or Magistrate (a), any notary under the Notaries Act, 1952 (aa), any officer or person a High Court appoints (b), or any officer of another Court whom the State Government has empowered (c). The notary option (aa) was added in 1976.
How to read Section 139
What it settles
An affidavit needs an oath. § 139 lists who is competent to administer that oath to the deponent — four categories of officer.
Four authorities
(a) a Court or Magistrate; (aa) a notary; (b) a High-Court-appointed officer / person; (c) an officer of another Court empowered by the State Government.
The 1976 addition
Clause (aa) — the notary — was inserted in 1976, widening who can administer the oath in practice.
The bare Act
In the case of any affidavit under this Code—
— may administer the oath to the deponent.
1 Clause (aa) inserted by Act 104 of 1976, s. 46 (w.e.f. 1-2-1977).
In short: an affidavit must be sworn, and § 139 names the four kinds of person who may put the deponent on oath — a court / magistrate, a notary, a High-Court-appointed officer, or an officer of another court empowered by the State Government.
→ § 139 is about competence to administer the oath, not the contents of the affidavit (those are governed by Order XIX). The four routes are alternatives — any one suffices. Clause (aa) (notary) is a 1976 addition that eased the practical taking of affidavits.
Key terms decoded
A written statement of facts sworn or affirmed to be true — used as evidence in many proceedings (see Order XIX).
The person making the affidavit — the one who takes the oath that its contents are true.
To formally put the deponent on oath (or affirmation) — the act that turns a written statement into a sworn affidavit.
The most direct authority — any Court or Magistrate may administer the oath.
A notary appointed under the Notaries Act, 1952. This clause was inserted in 1976 — a major practical convenience.
(b) an officer or person a High Court appoints; (c) an officer of another Court whom the State Government has generally or specially empowered.
The picture — four ways to swear an affidavit
§ 139 is a short but practical provision: it spreads the power to swear affidavits across courts, magistrates, notaries and empowered officers — so a deponent is rarely far from someone competent to put him on oath.
Clause by clause — the four authorities
any Court or Magistrate…
The most obvious authority — any Court or Magistrate may administer the oath on an affidavit under the Code.
any notary appointed under the Notaries Act, 1952 (53 of 1952)…
A notary under the Notaries Act, 1952. Inserted by the 1976 amendment — today the common, convenient route for swearing affidavits.
any officer or other person whom a High Court may appoint in this behalf…
Anyone the High Court specifically appoints for the purpose — an officer or other person designated by the HC.
any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf…
An officer of another Court that the State Government has empowered — generally (a class of courts) or specially (a named one) — for this purpose.
Why it matters
An affidavit is only as good as its oath
§ 139 makes sure the oath is taken before someone the law trusts.
Connected provisions
Section 139 sits among Part XI’s court machinery provisions. It names who may administer the oath on an affidavit; the form and use of affidavits as evidence are dealt with by Order XIX of the First Schedule.