Introduction
Section 139 of the Code of Civil Procedure, 1908 deals with the manner in which an oath may be administered to a person making an affidavit.
An affidavit is a written statement of facts sworn or affirmed by a person. Section 139 specifies the authorities before whom such an oath or affirmation may be made.
The provision is important because an affidavit becomes part of judicial proceedings only when it is properly sworn or affirmed before an authorised person.
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 139 CPC |
| Subject | Oath on affidavit |
| Nature | Procedural |
| Main purpose | To identify who may administer the oath or affirmation for an affidavit |
| Persons authorised | Courts and specified judicial and other authorities |
| Key concept | Affidavit must be properly sworn or affirmed |
| Related provision | Order XIX CPC |
Statutory Provision
Section 139 CPC provides:
“Oath on affidavit by whom to be administered.—In the case of any affidavit under this Code—
(a) any Court or Magistrate, or
(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952), or
(b) any officer or other person whom a High Court may appoint in this behalf, or
(c) any officer appointed by any other Court which the State Government has specially empowered in this behalf,
may administer the oath to the deponent.”
Meaning of Section 139 CPC
In simple words:
Section 139 specifies the persons or authorities who are legally authorised to administer the oath to a person making an affidavit under the CPC.
The Section does not deal primarily with the contents of an affidavit.
Instead, it answers an important procedural question:
“Before whom should an affidavit be sworn or affirmed?”
The answer is given through the categories listed in Section 139.
Purpose and Object of Section 139
The main purpose of Section 139 is to ensure that affidavits filed in civil proceedings are properly sworn or affirmed before an authorised authority.
The provision helps maintain the authenticity and procedural validity of affidavits.
It also prevents affidavits from being treated as properly sworn merely because a person has signed them.
Therefore:
Signing an affidavit ≠ necessarily properly swearing an affidavit.
The oath or affirmation must be administered by an authority recognised under Section 139 or the applicable procedural rules.
Who Can Administer the Oath?
Section 139 identifies several categories of persons and authorities.
1. Any Court or Magistrate
Under Section 139(a), an affidavit may be sworn or affirmed before:
- Any Court; or
- Any Magistrate.
The Court or Magistrate can administer the oath to the person making the affidavit.
2. Notary
Section 139(aa) specifically recognises:
Any notary appointed under the Notaries Act, 1952.
Therefore, a notary appointed under the relevant statutory framework may administer the oath to the deponent.
This is an important addition to the Section.
Remember:
Notary → Section 139(aa)
3. Officer or Person Appointed by the High Court
Under Section 139(b), an officer or other person whom the High Court appoints for this purpose may administer the oath.
The High Court therefore has the power to designate appropriate persons to administer oaths on affidavits.
This allows the procedural system to operate efficiently without requiring every affidavit to be sworn personally before a Court.
4. Officer Appointed by Another Court
Section 139(c) provides another category.
An officer appointed by another Court may administer the oath if:
- The Court has appointed the officer for this purpose; and
- The State Government has specially empowered that Court in this behalf.
Thus, the provision creates a statutory mechanism through which other Courts can appoint officers to administer oaths.
The Four Main Categories
For examination purposes, Section 139 can be remembered as:
C – N – H – O
C → Court or Magistrate
N → Notary
H → High Court-appointed officer/person
O → Officer appointed by another specially empowered Court
Section 139 and Affidavits
An affidavit is commonly used in civil proceedings for placing factual statements before the Court.
Affidavits may be required or permitted in various procedural situations.
For example, affidavits may be used in connection with:
- Applications;
- Interlocutory proceedings;
- Evidence by affidavit;
- Procedural matters;
- Verification of factual statements.
Section 139 ensures that the oath or affirmation attached to such an affidavit is administered by an authorised person.
Oath and Affirmation
The Section refers to administering the oath to the deponent.
In practice, the legal framework also recognises affirmation where applicable.
The essential point is that the deponent formally declares the truth of the statements contained in the affidavit before an authorised person.
The person administering the oath or affirmation must have legal authority to do so.
Who Is the Deponent?
The deponent is the person who makes and swears or affirms the affidavit.
For example:
If A makes an affidavit stating certain facts and swears to its correctness before a notary, A is the deponent.
The person administering the oath is not the deponent.
Section 139 and Order XIX CPC
Section 139 should be read together with Order XIX of the CPC, which deals with affidavits.
The distinction is important:
Section 139
Deals with:
Who may administer the oath on an affidavit.
Order XIX
Deals more broadly with:
- Affidavits;
- Evidence by affidavit;
- Orders for evidence to be given by affidavit;
- Cross-examination of deponents in appropriate circumstances.
Therefore:
Section 139 = Authority to administer oath
Order XIX = Procedural rules relating to affidavits
Practical Example
Suppose A needs to file an affidavit in a civil proceeding.
A prepares the affidavit and appears before a person legally authorised under Section 139.
The authorised person administers the oath or affirmation to A.
A then swears or affirms the contents of the affidavit.
The affidavit can thereafter be presented in the relevant proceeding in accordance with the applicable procedural requirements.
Example Involving a Notary
A prepares an affidavit for use in a civil proceeding.
A approaches a properly appointed notary.
The notary administers the oath and completes the required attestation.
The notary is an expressly recognised authority under Section 139(aa).
Example Involving a High Court-Appointed Officer
Suppose a High Court appoints a particular officer to administer oaths for affidavits under Section 139(b).
A person making an affidavit may swear or affirm the affidavit before that authorised officer.
The authority of the officer comes from the appointment made by the High Court.
Important Point: Mere Signature Is Not Enough
A person cannot ordinarily treat an affidavit as properly sworn merely because:
- The person signed it;
- The contents appear truthful;
- The document is titled “affidavit.”
The procedural requirement concerning the administration of the oath or affirmation must also be satisfied.
Section 139 identifies the authorities who can perform that function.
Section 139 and Verification
Swearing an affidavit and verifying a pleading are related but distinct procedural concepts.
Affidavit
An affidavit is sworn or affirmed before an authorised person.
Verification of Pleading
A pleading is verified in accordance with the applicable CPC provisions, particularly Order VI.
Therefore, Section 139 should not be treated as the general provision governing verification of every pleading.
Section 139 vs Section 137 CPC
| Basis | Section 137 | Section 139 |
|---|---|---|
| Subject | Language of subordinate Courts | Oath on affidavit |
| Main focus | Language used in judicial proceedings | Authority who administers oath |
| Key authority | State Government / applicable framework | Court, Magistrate, Notary, High Court-appointed person, etc. |
| Nature | Language provision | Affidavit procedure |
Section 139 vs Order XIX CPC
| Basis | Section 139 | Order XIX |
|---|---|---|
| Main subject | Administration of oath | Affidavits and evidence by affidavit |
| Key question | Who may administer the oath? | How are affidavits used in proceedings? |
| Function | Identifies authorised persons | Regulates affidavit procedure |
| Importance | Valid swearing/affirmation | Use and treatment of affidavit evidence |
Important Features of Section 139
1. It applies to affidavits under the CPC
The Section specifically concerns affidavits made under the Code.
2. It identifies authorised persons
The Section provides several categories of persons who may administer the oath.
3. Courts and Magistrates are included
Any Court or Magistrate may administer the oath.
4. Notaries are expressly recognised
A notary appointed under the Notaries Act, 1952 is included under Section 139(aa).
5. High Courts may appoint officers or persons
The High Court may appoint persons for administering oaths.
6. Other Courts may also have appointed officers
This is possible where the Court has been specially empowered by the State Government.
Common Confusions About Section 139
1. Section 139 does not determine the truth of the affidavit
It only identifies who may administer the oath.
2. Every person cannot administer an oath
The person administering the oath must fall within one of the categories recognised by the Section.
3. Not every signed statement is an affidavit
An affidavit requires compliance with the applicable procedural requirements, including proper swearing or affirmation.
4. Section 139 is different from Order XIX
Section 139 concerns the administration of oath, while Order XIX deals with the procedural use of affidavits.
5. Verification and swearing are different
Verification of pleadings and swearing of affidavits are distinct procedural acts.
Practical Importance in Civil Litigation
Section 139 is relevant whenever a party intends to file an affidavit in a civil proceeding.
Before filing an affidavit, practitioners should ensure:
- The affidavit is properly prepared.
- The deponent signs it.
- The oath or affirmation is administered by an authorised person.
- The required attestation is completed.
- The affidavit complies with the applicable Court rules.
- Any prescribed format or procedural requirement is followed.
Failure to comply with procedural requirements can result in objections concerning the affidavit.
Importance for Law Students and Judiciary Exams
Section 139 is frequently tested through questions asking:
Who can administer an oath on an affidavit under the CPC?
What to Remember
- Section 139 deals with oath on affidavit.
- Any Court or Magistrate may administer the oath.
- A notary appointed under the Notaries Act, 1952 may administer the oath.
- An officer or other person appointed by the High Court may administer the oath.
- An officer appointed by another Court may administer the oath where that Court has been specially empowered by the State Government.
- The person making the affidavit is called the deponent.
- Section 139 should be read with Order XIX CPC.
Important Questions to Prepare
- What is the object of Section 139 CPC?
- Who can administer an oath on an affidavit?
- Can a Magistrate administer an oath under Section 139?
- Can a notary administer an oath on an affidavit?
- What is the role of a High Court-appointed officer under Section 139?
- Under what circumstances can an officer appointed by another Court administer an oath?
- Who is called a deponent?
- Distinguish Section 139 from Order XIX CPC.
- Distinguish swearing of an affidavit from verification of a pleading.
Key Legal Principles
1. Affidavits must be properly sworn or affirmed
The procedural validity of an affidavit involves more than merely signing the document.
2. The authority administering the oath must be recognised
Section 139 specifies the categories of persons who may administer the oath.
3. Notaries have express statutory recognition
Section 139(aa) specifically recognises notaries appointed under the Notaries Act, 1952.
4. High Courts have appointment power
The High Court may appoint officers or other persons for administering oaths.
5. Special empowerment is required for certain other Courts
An officer appointed by another Court can administer the oath where the statutory requirement concerning special empowerment by the State Government is satisfied.
Key Takeaways
| Concept | Principle |
|---|---|
| Section | Section 139 CPC |
| Subject | Oath on affidavit |
| Main purpose | Identifies authorities who may administer the oath |
| Court/Magistrate | May administer the oath |
| Notary | May administer the oath |
| High Court-appointed person | May administer the oath |
| Officer of specially empowered Court | May administer the oath |
| Person making affidavit | Deponent |
| Related provision | Order XIX CPC |
ALSO READ: Section 138 – Evidence to Be Recorded in English
Conclusion
Section 139 CPC provides the procedural framework for determining who may administer the oath to a person making an affidavit under the Code. It recognises Courts and Magistrates, properly appointed notaries, persons or officers appointed by the High Court, and officers appointed by other Courts that have been specially empowered by the State Government.
The Section is therefore important for ensuring that affidavits placed before civil Courts are properly sworn or affirmed.
Easy Formula to Remember
Section 139 = Court/Magistrate + Notary + High Court-Appointed Person + Specially Empowered Court Officer → Oath on Affidavit.
