Affidavit
An affidavit is a written statement of facts made voluntarily and confirmed by oath or affirmation before a person authorized to administer oaths, used as evidence in legal proceedings.
What is an Affidavit?
An **affidavit** is a written statement of facts that a person makes **voluntarily** and confirms to be true by taking an **oath** (swearing on a religious text) or making an **affirmation** (a solemn declaration for those who do not wish to swear a religious oath). It is signed before a person authorized to administer oaths, such as a **notary public**, a **magistrate**, or an **oath commissioner**.
In simple terms, an affidavit is a formal way of putting your statement in writing and declaring under oath: "Everything I have written here is true, and I know I can face legal consequences if I lie."
Legal Framework
Affidavits in India are governed by multiple statutes:
- **Order 19 of the Code of Civil Procedure, 1908 (CPC):** Deals with the use of affidavits in civil proceedings.
- **Section 139 of the CPC:** Provides that every application to the court shall be supported by an affidavit.
- **Section 297 of the CrPC (Section 336 BNSS):** Deals with affidavits in criminal proceedings.
- **The Oaths Act, 1969:** Governs the administration of oaths and affirmations.
- **The Indian Stamp Act, 1899 (and State Stamp Acts):** Prescribes the stamp duty on affidavits.
- **The Notaries Act, 1952:** Empowers notaries public to administer oaths and attest affidavits.
- **Sections 191 and 193 of the Indian Penal Code, 1860 (Sections 229 and 232 BNS):** Deal with the offence of giving false evidence and making false statements on oath — directly applicable to false affidavits.
Key Legal Provisions
- **Order 19 Rule 1 CPC:** The court may order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing.
- **Order 19 Rule 2 CPC:** Upon an application for interlocutory orders, evidence may be given by affidavit. However, the court may order the attendance of the deponent for cross-examination.
- **Order 19 Rule 3 CPC:** An affidavit shall be confined to facts that the deponent can prove from their own knowledge, except in interlocutory applications where statements based on information and belief may be made (with the source of information and grounds of belief clearly stated).
- **Section 3(1) of the Oaths Act, 1969:** Lists the authorities competent to administer oaths — courts, persons authorized by courts, notaries public, and magistrates.
Essential Components of an Affidavit
A valid affidavit must contain the following:
1. Title and Heading
The heading should identify the court or authority before which it is filed, the case number (if applicable), and the names of the parties.
2. Deponent's Details
The full name, age, occupation, and address of the person making the affidavit (the **deponent**).
3. Statements of Fact
The substance of the affidavit — facts stated in numbered paragraphs. Each paragraph should ideally deal with one fact or one aspect of the matter.
4. Verification Clause
A verification at the end stating which paragraphs are true to the deponent's personal knowledge and which are based on information received and believed to be true. This follows the format:
*"I, [Name], the deponent above named, do hereby verify that the contents of paragraphs 1 to [X] of this affidavit are true and correct to my knowledge and belief, and nothing material has been concealed therefrom."*
5. Oath/Affirmation
The deponent must take an oath or make an affirmation before an authorized officer.
6. Signature and Authentication
The deponent signs or affixes their thumb impression, and the authorized officer (notary/magistrate/oath commissioner) signs and seals the affidavit, certifying that the oath or affirmation was duly administered.
7. Stamp Duty
Affidavits must bear the appropriate stamp duty as prescribed by the respective State Stamp Act (typically a nominal amount).
Common Uses of Affidavits
Affidavits are used extensively in legal and administrative contexts:
In Court Proceedings
- **Interim applications:** All interlocutory applications (injunctions, stay orders, bail applications) are typically supported by affidavits.
- **Writ petitions:** Affidavits form the primary evidence in writ proceedings before High Courts and the Supreme Court.
- **Counter-affidavits and reply affidavits:** The opposing party files counter-affidavits in response.
- **Affidavit in lieu of examination-in-chief:** Under Order 18 Rule 4 CPC (as amended), witnesses may file their examination-in-chief as an affidavit.
Administrative and Government Purposes
- **Name change affidavit** — declaring a change of name.
- **Address proof affidavit** — confirming residential address.
- **Income declaration affidavit** — declaring income for various purposes.
- **Gap certificate affidavit** — explaining gaps in education or employment.
- **Lost document affidavit** — declaring the loss of original documents.
Personal and Commercial Purposes
- **Passport applications** and other identity document applications.
- **Marriage declarations** — especially for court marriages under the Special Marriage Act, 1954.
- **Property transactions** — declarations regarding ownership, encumbrance, or title.
- **Insurance claims** — declarations regarding loss or damage.
When Does This Term Matter?
Filing Any Court Application
Almost every application filed in court must be supported by an affidavit. Whether you are seeking an injunction, bail, or any interim relief, the court requires a sworn statement of facts.
Consequences of a False Affidavit
Filing a false affidavit is a **criminal offence**:
- **Section 191 IPC (Section 229 BNS):** Giving false evidence — punishable with imprisonment up to seven years.
- **Section 193 IPC (Section 232 BNS):** Punishment for giving false evidence — imprisonment up to seven years and fine.
- **Section 199 IPC (Section 238 BNS):** False statement made in a declaration that is received as evidence — punishable with imprisonment up to three years.
- **Contempt of Courts Act, 1971:** Filing a false affidavit may also constitute contempt of court.
The Supreme Court in **K.D. Sharma v. SAIL (2008) 12 SCC 481** emphasized that filing false affidavits amounts to criminal contempt and abuse of the judicial process.
Cross-Examination on Affidavits
Under **Order 19 Rule 2 CPC**, if a party has filed evidence by affidavit, the court may allow the other party to **cross-examine the deponent**. This is an important right — it allows the opposing side to test the truthfulness of the statements made in the affidavit.
Practical Significance
Key practical points:
- **Be truthful and accurate.** False affidavits carry serious criminal consequences.
- **State the source of information.** For facts not within your personal knowledge, clearly state the source of information and your grounds for believing them.
- **Keep it relevant.** Confine the affidavit to facts that are relevant to the matter at hand.
- **Proper execution is essential.** An affidavit not properly sworn before an authorized officer may be rejected by the court.
- **Stamp duty must be paid.** An unstamped affidavit may not be accepted.
- **Retain a copy.** Always keep a copy of the affidavit for your records.
Frequently Asked Questions
Who can administer the oath for an affidavit?
Under the Oaths Act, 1969, oaths can be administered by courts, persons authorized by courts, magistrates, and notaries public appointed under the Notaries Act, 1952. Some states also appoint Oath Commissioners specifically for this purpose. The authority administering the oath must sign and seal the affidavit.
Can an affidavit be used as evidence in court?
Yes. Under Order 19 CPC, the court may allow any fact to be proved by affidavit. In interlocutory applications, evidence is primarily given through affidavits. In writ proceedings before High Courts and the Supreme Court, affidavits are the primary form of evidence. However, the opposing party has the right to seek cross-examination of the deponent.
What is the difference between an affidavit and a declaration?
An affidavit is a sworn statement — made under oath or affirmation before an authorized person. A declaration (under the Indian Evidence Act) is an unsworn statement. An affidavit carries greater legal weight because the deponent faces criminal liability for false statements. A declaration may not have the same evidentiary value and may not carry the same penalties for falsehood.
Can an illiterate person file an affidavit?
Yes. An illiterate person can file an affidavit. The contents must be read over and explained to the deponent in a language they understand. The deponent affixes their thumb impression instead of a signature. The person administering the oath must certify that the contents were read over and explained to the deponent before the oath was administered.
Disclaimer: This glossary entry is for informational purposes only and does not constitute legal advice.
Related Legal Terms
FIR (First Information Report)
A First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence, marking the first step in the criminal investigation process.
Caveat
A caveat is a formal notice filed by a person in court requesting that no order be passed in a matter affecting their interests without first giving them an opportunity to be heard.
Injunction
An injunction is a court order that directs a party to do or refrain from doing a specific act, used to preserve rights and prevent irreparable harm during or after litigation.
Habeas Corpus
Habeas corpus is a constitutional writ that directs a person detaining another to produce the detained person before the court and justify the lawfulness of their detention.