An affidavit, recognized as an attestation in Indian law, is a sworn statement or declaration made by a defendant or plaintiff in a legal proceeding. Its purpose is to establish the truth of specific facts within the legal context. In India, an affidavit serves as a document certifying the authenticity of a statement, often featuring a declaration from the individual signing it.
The affidavit is a written statement sworn before a person having authority to administer an oath. In India, an affidavit can be sworn or affirmed before:
- Any Judge or any Judicial or Executive Magistrate;
- Any Commissioner of Oaths appointed by a High Court or Court of Sessions;
- Any Notary appointed under the Notaries Act, 1952;
How Does an Affidavit Work in India?
Affidavits play a crucial role in Indian legal proceedings, serving as sworn statements made under oath in a court of law. These statements, whether written or oral, are commonly employed to validate the veracity of certain facts. In the written form, the affidavit must bear the signature of the individual making the statement, accompanied by their full name, address, and date of birth. If oral, the statement requires confirmation through an oath or affirmation administered by a notary public or another authorised official.
How to draft an affidavit
Affidavits should be drawn in the first person, and the matter of the affidavit should be divided into paragraphs which are numbered consecutively. Each of the paragraphs in an affidavit should ideally be confined to a portion of the subject. Affidavits should mention the full name, fathers name, religious persuasion, age, profession, occupation and residence of the person on whose behalf an affidavit is filed. In case of changes or alterations to an affidavit, changes should be authenticated by the initials of the officer before whom the affidavit was taken.
Different Types of Affidavits in India
In India, affidavits play a crucial role in legal and administrative processes, serving as sworn statements that validate the accuracy of their contents. The three main types of affidavits in India are oral, written, and certified.
Oral affidavits are suitable for disputes, written affidavits are used as evidence in court or governmental proceedings, and certified affidavits are essential when document accuracy is paramount, such as in citizenship applications.
Purpose of an Affidavits
An affidavits serves the vital purpose of providing a sworn statement of facts or information under oath. This legal document is utilised in various scenarios, including legal proceedings, court cases, immigration matters, and official or administrative processes.
Importance of Affidavits
ffidavits are extensively used in Courts and except in the cases of final judgments, orders are passed based on affidavits. Further, for invoking the powers of Courts under various provisions of relevant enactments including procedural acts, applications are to be filed supported by affidavits.
FAQs
Who makes an affidavit?
An affidavit is typically made by the person with direct knowledge or involvement in the matters addressed in the statement.
Is affidavit compulsory?
While affidavits are not always compulsory, they are commonly required in various legal, official or administrative processes. Many legal proceedings, court cases, and government applications may request or require individuals to submit affidavits to support their claims or provide essential information under oath.
What is the purpose of the affidavit?
The primary purpose of an affidavit is to provide a written, sworn statement of facts or information. It is used to confirm the truthfulness of statements made by an individual in legal or official matters.
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