INTRODUCTION
An affidavit is a written declaration made voluntarily by an individual under oath or affirmation before a person authorized by law to administer oaths, such as a magistrate, notary, or commissioner of oaths. It serves as evidence of truth in various legal, administrative, and financial proceedings.
The purpose of an affidavit is to present facts or statements based on the personal knowledge or belief of the deponent, which can be relied upon in courts, tribunals, or government offices. Proper drafting of an affidavit is crucial, as any inaccuracy or false statement may result in legal penalties under the Indian Penal Code (IPC).
MEANING AND LEGAL BASIS
The term “affidavit” is derived from Latin, meaning “he has declared upon oath.”
In India, affidavits are governed primarily by the Oaths Act, 1969 and the Civil Procedure Code (CPC), 1908. They are admissible in evidence under Section 3 of the Indian Evidence Act, 1872, provided they are duly sworn and attested.
Affidavits are commonly used in courts, revenue offices, and government departments for attestation of facts, verification of identity, property transactions, name changes, declarations, and various statutory filings.
PURPOSE AND IMPORTANCE
Affidavits are essential legal tools that:
- Serve as formal verification of facts presented before an authority.
- Support applications, petitions, or claims in judicial or quasi-judicial proceedings.
- Aid in submitting declarations where oral testimony is not required.
- Establish credibility and accountability of statements made by an individual.
- Function as supporting documents for various official processes (e.g., GST registration, property sale, or change of address).
A well-drafted affidavit minimizes ambiguity, ensures accuracy, and strengthens the credibility of the deponent’s statement.
COMPONENTS OF AN AFFIDAVIT
An affidavit must follow a clear structure to be legally valid and effective. It generally includes:
- Title and Heading: Should specify the name of the court, tribunal, or authority where it is being submitted.
Example: “IN THE COURT OF THE CIVIL JUDGE, [City Name]” - Affidavit Number or Description: Indicates the purpose of the affidavit (e.g., “Affidavit for Proof of Residence,” “Affidavit for Lost Documents,” etc.)
- Deponent’s Details: Full name, age, occupation, and address of the person making the affidavit.
- Statement of Truth: A clear and factual declaration of the statements made by the deponent.
Example: “I, [Name], do hereby solemnly affirm and declare as under…” - Verification Clause: A concluding section stating that the facts mentioned are true to the deponent’s knowledge and belief.
Example: “The statements made above are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.” - Signature and Date: The deponent must sign or affix their thumb impression along with the date and place of execution.
- Attestation by Authorized Officer: The affidavit must be attested by a Notary Public, Oath Commissioner, or Judicial Magistrate, who verifies the deponent’s identity and administers the oath.
TYPES OF AFFIDAVITS COMMONLY USED
Affidavits are required in various legal and administrative situations. Common examples include:
- Affidavit for Identity Proof or Address Proof
- Name Change Affidavit
- Affidavit for Lost Documents (e.g., PAN, Passport, Property Papers)
- Affidavit for Income or Unmarried Status
- Affidavit for Property Ownership or Transfer
- Affidavit for Educational Purposes (e.g., Gap Year or Bonafide Declaration)
- Affidavit for Court Proceedings (supporting petitions, bail, or evidence)
- Affidavit for Company or LLP Compliance (for directors, partners, or shareholders)
LEGAL REQUIREMENTS FOR A VALID AFFIDAVIT
For an affidavit to hold legal validity, the following conditions must be fulfilled:
i. It must be made voluntarily and without coercion.
ii. The deponent must have personal knowledge of the facts stated.
iii. It must be written clearly, avoiding vague or speculative statements.
iv. It should be signed and dated by the deponent.
v. It must be attested and sealed by a notary or competent authority.
vi. Any corrections or alterations should be initialled by both the deponent and the attesting officer.
False statements made knowingly in an affidavit are punishable under Section 191 and 193 of the IPC for perjury.