Understanding Affidavits in Indian Law: Meaning, Use, and Validity

An affidavit holds a crucial place in Indian law. It serves as a voluntary declaration of facts made under oath by a person, known as the deponent. Courts and administrative authorities often rely on affidavits to establish facts without the need for oral testimony.

What is an Affidavit?

An affidavit is a sworn written statement where the deponent confirms facts under oath before a notary public, magistrate, or commissioner of oaths. The Indian legal system recognizes affidavits as legal evidence under Order XIX Rules 1 and 2 of the Civil Procedure Code (CPC), 1908.

The deponent signs the affidavit voluntarily and confirms that all the facts stated are true to the best of their knowledge.

Legal Requirements for a Valid Affidavit

To create a valid affidavit in India, you must follow these essential conditions:

1. Voluntary Declaration: The deponent must submit the affidavit of their own free will.
2. Oath or Affirmation: The deponent must affirm or swear that the contents are truthful.
3. Direct Knowledge: The deponent must have personal knowledge of the facts.
4. Proper Attestation: A notary public, magistrate, or commissioner must attest the affidavit.
5. Stamp Paper: Depending on the state, you must use non-judicial stamp paper of a specific value.

Once executed, the affidavit becomes admissible in court and serves as evidence.

Types of Affidavits in Indian Legal Practice

Indian law recognizes various types of affidavits, each with a specific purpose:

1. Judicial Affidavit

Parties use this in court to present facts and evidence in civil proceedings.

2. Name Change Affidavit

You can use this affidavit to legally change your name and update official records.

3. Address Proof Affidavit

This affidavit helps when you need to verify your address but lack formal proof.

4. Marriage Affidavit

Couples often use this when they cannot produce a marriage certificate.

5. Income and Asset Affidavit

This affidavit supports declarations in income-based schemes or legal matters like maintenance claims.

When Do You Use an Affidavit?

People use affidavits in several situations, including:

• Filing petitions or evidence in civil or criminal courts
• Verifying facts in property transactions
• Declaring identity, caste, or income for government or educational purposes
• Publishing legal announcements like name changes

The affidavit simplifies legal proceedings by eliminating the need for oral statements.

Can Courts Treat an Affidavit as Evidence?

Yes, courts may accept affidavits as evidence when permitted by law. Under Order XIX of CPC, the court can allow parties to submit affidavits in place of oral statements. However, affidavits carry limited evidentiary value unless the court allows cross-examination of the deponent.

In Smt. Savithramma v. Cecil Naronha (AIR 1988 SC 1987), the Supreme Court clarified that affidavits cannot replace substantive evidence unless the law expressly permits them.

How Can Someone Challenge an Affidavit?

Anyone can challenge an affidavit in the following cases:

• The affidavit contains false facts or misleading information.
• The deponent signed it under coercion or without understanding the contents.
• The attesting officer failed to follow the proper legal procedure.

Filing a false affidavit can attract charges under Section 191 of the Indian Penal Code, which deals with false evidence.

Who Can Attest an Affidavit in India?

Only authorized officials can legally attest affidavits. These include:

• Notaries Public
• Magistrates
• Commissioners of Oaths
• Executive Magistrates
• Judicial Officers

The attesting officer ensures the deponent has understood and willingly signed the document.

How to Draft an Affidavit Properly?

A properly structured affidavit must include:

• A title, such as “Affidavit of Name Change”
• The deponent’s details – full name, age, and address
• A clear declaration in first-person
• A statement affirming the truth of the contents
• The place and date of execution
• The signature of the deponent and the attesting officer

Ensure the language is simple, direct, and factual.

Are E-Affidavits Legally Valid?

Digital affidavits, or e-affidavits, are gaining traction. Under the Information Technology Act, 2000, electronic signatures can authenticate documents. However, most courts and authorities still prefer physically signed and attested affidavits. Always check whether the receiving body accepts digital formats before submitting one.

Final Thoughts

Affidavits provide a powerful tool for declaring facts in legal and official matters. They help courts and government authorities avoid unnecessary oral testimony. By understanding the correct process of drafting, attesting, and using affidavits, you ensure compliance with Indian legal standards and avoid future complications.