Affidavit submitted in cases u/s 138 in lieu of evidence given on oath sans verification clause

Querist : Anonymous (Querist) 12 November 2011 This query is : Resolved
Is such a defect curable in appellate court? (similar to s.313 defect)

Is such a defect sufficiently serious to warrant remand to the trial court?

While the verification clause is mandatory for civil matter, has it also been so always for criminal cases also?

If not, when was is made mandatory? Is there any case law about this?

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ajay sethi (Expert) 12 November 2011
aaffidavit is in lieu of examination in chief . if affidavit had no verification clause it wont be taken on record by court .

you have given a hypotheyical scenario

Querist : Anonymous (Querist) 12 November 2011
Not really. The affidavit was taken on record and the examination-in-chief starts " I, so and so solemnly affirm . . ." Also, I was given oath by the court and indeed the affidavit ends with "before me" followed by the court's signature.

In such a situation, when the appellant in the higher court argues that the affidavit is faulty do the two points mentioned above buttress the validity of the affidavit?

prabhakar singh (Expert) 12 November 2011
your attention is invited to provisions of
The Oaths Act, 1969 [Act No. 44 of 1969)]which came in force repealing The Indian Oaths Act, 1873 (10 of 1873) [is hereby repealed.]

The form of oath with respect to a witness or an affidavit in any proceeding be it CIVIL OR CRIMINAL has to be FOLLOWED UNDER THIS ACT.

THE OATH TO A WITNESS HAS UNDER IT TO BE ADMINISTERED IN THE FOLLOWING FORM:

Form No. I (Witnesses). -

I do swear in the name of God / Solemnly affirm that what I shall state shall be the truth, the whole truth and

Nothing but the truth but the truth.

AND ANY AFFIDAVIT IS REQUIRED TO BE VERIFIED IN THE FOLLOWING FORM:

Form No. 4 (Affidavits): -

I do swear in the name of God / Solemnly affirm that this is may name and signature (or mark) and that the

Contents of this may affidavit are true.

ajay sethi (Expert) 12 November 2011
have you signed before the court associate the affidavit

does your affidavit ends with solemnlyaffirmed thi _day of _______2011

Shonee Kapoor (Expert) 12 November 2011
Not able to understand or comprehend.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 13 November 2011
Thank you all!

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