Section 297 of CRPC "Authorities before whom affidavits may be sworn"
(1) Affidavits to be used before any Court under this Code may be sworn
or affirmed before,-
(a) any Judge or Judicial or Executive
Magistrate, or
(b) any commissioner of Oaths appointed by a High
Court or Court of Session, or
(c) any notary appointed under the Notaries Act, 1952 (53
of 1952).
(2) Affidavits 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.
(3) The Court may order any scandalous and irrelevant matter
in the affidavit to be struck out or amended.
Section 298 of CRPC "Previous conviction or acquittal how proved"
In any inquiry, trial or other proceeding under this Code, a
previous conviction or acquittal may be proved, in addition
to any other mode provided by any law for the time being in
force,-
(a) by an extract certified under the hand of the officer
having the custody, of the records of the Court in which
such conviction or acquittal was held, to be a copy of the
sentence or order; or
(b) in case of a conviction, either by a certificate signed
by the officer in charge of the Jail in which the punishment
or any part thereof was undergone, or by production of the
warrant of commitment under which the punishment was
suffered, together with, in each of such cases, evidence as
to the identity of the accused person with the person so
convicted or acquitted.
Section 299 of CRPC "Record of evidence in absence of accused"
(1) If it is proved that an accused person
has absconded, and that there is no immediate prospect of
arresting him, the Court competent to try or commit for trial,
such person for the offence complained of, may, in his absence,
examine the witnesses (if any) produced on behalf of the
prosecution, and record their depositions and any such
deposition may, on the arrest of such person, be given in
evidence against him on the inquiry into, or trial for, the
offence with which he is charged, if the deponent is dead or
incapable of giving evidence or cannot be found or his presence
cannot be procured without an amount of delay, expense or
inconvenience which, under the circumstances of the case, would
be unreasonable.
(2) If it appears that an offence punishable with death or
imprisonment for life has been committed by some person or
persons unknown, the High Court or the Sessions Judge may direct
that any Magistrate of the first class shall hold an inquiry and
examine any witnesses who can give evidence concerning the
offence and any depositions so taken may be given in evidence
against any person who is subsequently accused of the offence,
if the deponent is dead or incapable of giving evidence or
beyond the limits of India.
STATE AMENDMENT
Uttar Pradesh - In sub-sec. (1), for the words "competent to
try such person", the Words "competent to try such person or to
commit him for trial", shall be substituted - U.P. Act 16 of
1976, w.e.f. 1-5-1976.
EVIDENCE IN INQUIRIES AND TRIALS
Commissions for Examination of Witnesses