K. N. Srivastava, J. :- This revision has been laid before us on a reference made by Hon'ble C. D. Parekh, J. The facts of the case lie within a narrow compass. The only point which has been canvassed before us is as to whether an affidavit filed in a case has to be sworn before the Court concerned or before any Magistrate.

2. The learned Judge making the reference was of the opinion that if the law was interpreted to him that the affidavit was filed in a Court has to be sworn only before that Court, then it would certainly result in great inconvenience to the person swearing the affidavit and in this view of the matter, the learned Single Judge was of the opinion that the affidavit may be sworn before any authority contemplated under Section 4 of the Oaths Act and it may be looked into as evidence of the party in a litigation under Section 145, Criminal P.C.

3. Under Section 145(4), Criminal P.C. it is only mentioned that the parties are entitled to file documents and affidavits. The Code of Criminal Procedure does not lay down the mode of swearing the affidavit except Sections 539, 539-A and 539-AA of the Code of Criminal Procedure. A perusal of these three sections makes it abundantly clear that these sections relate to affidavits which are sworn before this Court and, therefore, Section 539-AA lays down that an affidavit to be used before any Court other than a High Court under S. 510-A or 539-AA may be sworn or affirmed in the manner prescribed in Section 539 or before any Magistrate. Section 539, Criminal P.C. lays down :

"Affidavits and affirmations to be used before any High Court or any officer of such Court may be sworn and affirmed before such Court or the "clerk of the State." or any Commissioner or other person appointed by such Court for that purpose, or any judge, or any commissioner for taking affidavits in any Court of record in "India", or any Commissioner to administer oaths in England or Ireland, or any Magistrate authorised to take affidavits or affirmations in Scotland."

4. In view of this, therefore, recourse have been taken to the Indian Oaths Act and the Notaries Act, 1952. Section 3 of the Indian Oaths Act reads as below :

"3. Power to administer oaths. - (1) The following Courts and persons shall have power to administer, by themselves or, subject to the provisions of sub-section (2) of Section 6, by an officer empowered by them in this behalf, oaths and affirmations in discharge of the duties imposed or in exercise of the powers conferred upon them by law, namely :-

(a) all Courts and persons having by law or consent of parties authority to receive evidence :

(b) the commanding officers of any military, naval, or air force station or ship occupied by the Armed Forces of the Union, provided that the oath or affirmation is administered within the limits of the Station."

(2) Without prejudice to the powers conferred by sub-section (1) or by or under any other law for the time being in force, any Court, Judge, Magistrate or person may administer oaths and affirmations for the purpose of affidavits if empowered in this behalf -

(a) by the High Court, in respect of affidavits for the purpose of judicial proceedings; or

(b) by the State Government in respect of other affidavits."

5. A perusal of this section, therefore makes it abundantly clear, that under sub-section (2) of Section 3, any Court, Judge or Magistrate can administer oath provided that Court, Judge or Magistrate is authorised by the High Court to administer oath or is authorised by the State Government. No notification has been brought to our notice issued by the High Court or State Government giving such authority to any Court, Judge or a Magistrate and, therefore, sub-section (2) would not be applicable unless such a notification is issued.

6. Thus we have to fall back upon Section 3 which lays down that affidavits can be administered by Courts in discharge of the duties imposed or in exercise of the powers conferred upon them by l