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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part XI: Miscellaneous

Section 139 CPC: Oath on affidavit by whom to be administered

Bare Act text

139. 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 generally or specially empowered in this behalf, may administer the oath to the deponent.

State amendments

Uttar Pradesh Amendment of section 139 of Act no. 5 of 1908.— In section 139 of the Code of Civil Procedure, 1908, for clauses (b) and (c), the following shall be substituted and be

deemed always to have been substituted, namely :—

“(b) any person appointed in this behalf by a High Court or by a District Court ; or (c) any person appointed in this behalf by such other Court as the State Government may, by general or special order, empower in this behalf” ;

[Vide Uttar Pradesh Act 11 of 1981, s. 2]

Amendment notes

  1. Ins. by Act 104 of 1976, s. 46 (w.e.f. 1-2-1977).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

For an affidavit under the Code, the oath may be administered to the deponent by any Court or Magistrate, by a notary appointed under the Notaries Act, 1952, by an officer or person the High Court appoints, or by an officer appointed by another Court which the State Government has empowered. The notary clause was inserted by the 1976 amendment.

Part XI: Miscellaneous

  1. 132 Exemption of certain women from personal appearance
  2. 133 Exemption of other persons
  3. 134 Arrest other than in execution of decree
  4. 135 Exemption from arrest under civil process
  5. 135A Exemption of members of legislative bodies from arrest and detention under civil process
  6. 136 Procedure where person to be arrested or property to be attached is outside district
  7. 137 Language of subordinate Courts
  8. 138 Power of High Court to require evidence to be recorded in English
  9. 139 Oath on affidavit by whom to be administered
  10. 140 Assessors in causes of salvage, etc
  11. 141 Miscellaneous proceedings
  12. 142 Orders and notices to be in writing
  13. 143 Postage
  14. 144 Application for restitution
  15. 145 Enforcement of liability of surety
  16. 146 Proceedings by or against representatives
  17. 147 Consent or agreement by persons under disability
  18. 148 Enlargement of time
  19. 148A Right to lodge a caveat
  20. 149 Power to make up deficiency of court-fees
  21. 150 Transfer of business
  22. 151 Saving of inherent powers of Court
  23. 152 Amendment of judgments, decrees or orders
  24. 153 General power to amend
  25. 153A Power to amend decree or order where appeal is summarily dismissed
  26. 153B Place of trial to be deemed to be open Court
  27. 154 Saving of present right of appeal (Repealed)
  28. 155 Amendment of certain Acts (Repealed)
  29. 156 Repeals (Repealed)
  30. 157 Continuance of orders under repealed enactments
  31. 158 Reference to Code of Civil Procedure and other repealed enactments
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