The Commissioner of Oaths (Criminal) (Madhya Pradesh) Rules, 1995

Published vide Notification No. A-183-3-1-27-75 (Indore), dated 10-1-1996, Published in M.P. Rajpatra, Part 4 (ga), dated 26-1-1996, page 18

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Whereas under Clause (b) of sub-section (1) of Section 297 of the Code of Criminal Procedure, 1973 (No. 2 of 1974) the Commissioner of Oaths for the purposes of affidavits to be used before the Courts under the said Code are to be appointed by the High Court or the Court of-Session, the High Court in order to regulate the appointment of such Commissioner of Oaths and in supersession of the previous notification issued in this behalf makes the following Rules, namely :-

Title extent and Commencement.- These Rules may be called The Commissioner of Oaths (Criminal) (M.P.) Rules, 1995.

(2) They shall come into force with effect from the date of their publication in the Madhya Pradesh Gazette.

(3) They shall extend to the whole State of Madhya Pradesh.

Appointment of commissioner of Oaths by the High Court.- The Commissioner of Oaths appointed from time to time by the High Court under Section 122 read with Section 139 of the Code of Civil Procedure, 1908 (Act No. 5 of 1908) shall also be deemed to be appointed as the Commissioner of Oaths under Clause (b) of sub-section (1) of Section 297 of the Code of Criminal Procedure, 1973.
Appointment of Commissioner of Oaths by the Court of Sessions.- (1) When there is appointed a Commissioner of Oaths for any area by the High Court under Rule 2, the Court of Sessions shall not appoint any Commissioner of Oaths for that area.

(2) When there is no Commissioner of Oaths appointed by the High Court as above for any particular area and the Session Judge is of opinion that there is need of a Commissioner of Oaths being appointed for that area, the Session Judge shall intimate such need to the District Judge concerned who shall deal with the matter as per the Commissioner of Oaths Rules, 1976.