Home/Legal Resources/Legal Glossary/Affidavit
LEGAL GLOSSARY · LITIGATION & DISPUTESWhat Is an Affidavit?
A written statement of facts sworn on oath before an authorised officer — the standard vehicle for presenting facts to courts and government offices.
Gyanendra Singh·Advocate·High Court of Madhya Pradesh, Jabalpur
What Does Affidavit Mean?
An affidavit is a written statement of facts voluntarily made by a person (the deponent) and confirmed under oath or affirmation before an officer authorised to administer oaths — notaries, oath commissioners, magistrates and certain other officials. By swearing it, the deponent accepts legal responsibility for the truth of its contents.
Affidavits are governed by the Oaths Act, 1969, along with court-specific rules on form, stamp and attestation.
Where Affidavits Are Used
- Court pleadings and applications — writ petitions, interlocutory applications and replies are supported by affidavits stating the facts relied on.
- Evidence by affidavit — many tribunals and summary procedures record evidence through affidavit in lieu of long oral examination.
- Property and title work — heirship and no-objection affidavits before authorities, banks and registrars.
- Corporate filings — declarations accompanying statutory forms.
- Personal documentation — name changes, income declarations, single-status and address proofs for institutions.
Drafting and Attestation Rules That Matter
- State facts within the deponent's own knowledge; matters based on information or belief must say so and name the source — courts strike down blended statements.
- Keep it first-person, numbered, and free of arguments — submissions belong in the accompanying application, not the affidavit.
- The deponent signs each page in the attesting officer's presence; erasures must be initialled.
- Match the forum's format: many courts prescribe the stamp value, jurat wording and annexure marking; non-compliance invites objections at filing.
- An illiterate or visually impaired deponent requires the officer to certify that contents were truly read over and explained.
Consequences of False Swearing
Making a false statement on oath is perjury — a punishable criminal offence — and independently destroys credibility: courts may dismiss the filing, impose costs, and proceed against the deponent on their own motion. In litigation, a single demonstrated falsehood in an affidavit routinely taints the party's entire case.
Affidavits: Common Questions
1. Is stamp paper mandatory for an affidavit?
It depends on the state and purpose. Many states require the affidavit on non-judicial stamp paper of a prescribed value, while several courts accept affidavits on plain paper with court-fee paid. Check the requirement of the exact forum or office before attestation.
2. Can an affidavit be used as evidence in trial?
Yes, increasingly so. Evidence by affidavit is standard before tribunals and in specified summary procedures, and even where oral evidence is required, affidavit evidence frames cross-examination. The deponent must, however, be available for cross-examination when the court requires.
3. What happens if I discover an error after attestation?
Do not correct the signed document yourself. File a corrected or supplementary affidavit explaining the error; courts treat unauthorised alterations seriously. Where the error is material, a fresh affidavit is the clean route.
4. Can someone sign an affidavit on behalf of a company?
Yes — an authorised signatory such as a director or authorised officer affirms it on behalf of the company, stating the source of their knowledge (records, officers, documents). Authorisation should be traceable to a board resolution or power of attorney.
5. Is a notarised affidavit valid anywhere in India?
Within India, an affidavit properly attested under the Oaths Act is generally accepted across states. For use abroad, further steps such as apostille or consular attestation are typically required, depending on the destination country.
6. Who can administer oaths — is a notary the only option?
No. Besides notaries, courts appoint oath commissioners, and magistrates and certain other public officials are empowered under the Oaths Act. For court filings, the forum's own rules list who may attest; for general-purpose affidavits, a notary is the common choice.
Source: Oaths Act, 1969 (indiacode.nic.in)
Need an Affidavit Drafted or Challenged?
Wording decides weight. Get it settled before you swear — or get a defective one exposed.
Contact Gyanendra Singh →Disclaimer: This explanation covers affidavits in general terms and is not legal advice. Formalities vary by forum and state; consult a qualified advocate about your matter.