APCrRPCO Section 38 : Affidavits before whom may be sworn or affirmed
Act
Summary
Section 38 of the Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990 specifies the authorities before whom affidavits can be sworn or affirmed for judicial proceedings. These include courts, magistrates, advocates (excluding those engaged in the proceedings), and various government officials such as members of legislative bodies, gazetted officers, and notaries. This section ensures affidavits are handled by authorized personnel, maintaining the integrity of legal processes.
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Explanation using Example
Example 1: Swearing an Affidavit for a Property Dispute
Introduction: Rajesh is involved in a property dispute case in Hyderabad. He needs to submit an affidavit to the court to support his claim regarding the ownership of a piece of land.
Application: According to Section 38 of The Andhra Pradesh Criminal Rules Of Practice And Circular Orders, 1990, Rajesh can have his affidavit sworn before a variety of officials. He chooses to have it sworn before a Notary, as defined in the Notaries Act, 1952, because it is convenient for him.
Outcome: By swearing the affidavit before a Notary, Rajesh ensures that his document is legally valid for submission in court. If he had chosen an inappropriate person, such as his own Advocate involved in the case, the affidavit might have been rejected, delaying the proceedings.
Conclusion: Compliance with Section 38 ensures that Rajesh's affidavit is accepted without procedural issues, facilitating a smoother legal process.
Example 2: Affidavit for a Bail Application
*Introduc...
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