Affidavit in proof of conduct of public servant: Section-539A of the Code of Criminal Procedure, 1898
The Code of Criminal Procedure, 1898
(ACT NO. V OF 1898)
CHAPTER XLVI
MISCELLANEOUS
Affidavit in proof of conduct of public servant
539A.(1) When any application
is made to any Court in the course of any inquiry, trial or other proceeding
under this Code, and allegations are made therein respecting any public
servant, the applicant may give evidence of the facts alleged in the
application by affidavit, and the Court may, if it thinks fit, order that
evidence relating to such facts be so given.
An affidavit to be used
before any Court other than High Court Division under this section may be sworn
or affirmed in the manner prescribed in section 539, or before any Magistrate.
Affidavits under this
section shall be confined to, and shall state separately, such facts as the
deponent is able to prove from his own knowledge and such facts as he has
reasonable ground to believe to be true, and, in the latter case, the deponent
shall clearly state the grounds of such belief.
(2) The Court may order
any scandalous and irrelevant matter in an affidavit to be struck out or
amended.
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