An affidavit is a written statement of facts, made by a person on oath or affirmation, that is used as evidence in a court or as formal proof of facts before an authority. It is made in the first person, its paragraphs are numbered, and it ends with a verification clause confirming that the contents are true to the deponent's knowledge or belief. A false affidavit can lead to prosecution for perjury and, in a pending case, to contempt of court.
Who this applies to
This applies to anyone who has been asked to file an affidavit — before a court, a bank, a government department, a passport office or a registrar. It also applies to a person who has to swear to facts to support a petition or an application. Common users are litigants, property buyers, applicants for certificates and legal heirs seeking to establish relationship or identity. Our civil litigation desk prepares and files such affidavits.
The standard format
A well-drafted affidavit has a heading that identifies the court or the authority and the matter; the deponent's name, age, address and description; a numbered body setting out the facts in a logical order; and a verification clause. It is signed by the deponent below the verification, and the place and date are stated. Where the affidavit is sworn before a notary, the notary adds an endorsement of attestation. The civil litigation formats section of our site shows the usual layout.
First-person and knowledge-based statements
An affidavit is written as "I state", "I say" or "I submit", not as a narrative about a third person. Each fact should be one that the deponent can speak to from personal knowledge, or should be clearly labelled as based on information or belief, with the source stated where possible. Statements of opinion should be avoided. The verification clause distinguishes between what is stated on knowledge and what is stated on belief, because the law treats the two differently and a false statement of knowledge is the more serious.
Court affidavit, notarial oath, affirmation and sworn statement
A court affidavit is filed in a proceeding and becomes part of the record; it may be sworn before a notary, an oath commissioner or the court itself, as the rules of that court provide. An oath before a notary is administered under the Notaries Act, 1952, and the notary attests that the deponent appeared, was identified and signed in the notary's presence after being sworn. An affirmation is used by a person who objects to taking an oath, and it has the same legal force; the words "solemnly affirm" replace "swear". A sworn statement is the record of a person's evidence given on oath, typically in the form of an affidavit or a statement recorded by an authorised officer. All four are different in form, but each carries the same duty to tell the truth.
Who can attest
Affidavits are attested by a notary public appointed under the Notaries Act, 1952, by an oath commissioner, or by the court where the rules require it. A notary must be satisfied of the deponent's identity, and the deponent must appear in person. An affidavit sworn without the deponent appearing is defective and open to challenge.
Stamp paper and execution
Where the state requires it, an affidavit is executed on stamp paper of the prescribed value; in many matters in West Bengal a nominal stamp paper is used, while court rules may require the affidavit to be on plain paper with the court's stamp. The safest course is to confirm the requirement with the court or the receiving office before execution, since the value and the medium can vary with the purpose of the affidavit.
Perjury and contempt
An affidavit is evidence on oath. Deliberately making a false statement in an affidavit can lead to prosecution for giving false evidence under the criminal law, and where the affidavit is filed in a pending proceeding the court may also proceed for contempt. Courts take false affidavits seriously, because they affect the administration of justice.
Affidavits people most often need
- Name-change affidavit, for correcting or changing a name in records.
- Address proof affidavit, where documentary proof is insufficient.
- Income affidavit, for a loan, a scheme or a maintenance case.
- Legal heir affidavit, to establish relationship for succession purposes.
- Gap certificate affidavit, to explain a break in study or employment.
- Correction affidavit, to fix an error in a certificate or document.
- Domicile or residence affidavit, for admissions or employment.
Common mistakes
- Swearing to facts beyond one's own knowledge without saying so.
- Leaving the verification clause unsigned or undated.
- Using the wrong stamp paper or the wrong format for the receiving office.
- Signing before a notary without appearing in person.
- Copying another person's affidavit without changing the facts.
Can I get an affidavit notarised the same day?
Yes. Once the draft is ready and the stamp paper, where required, is arranged, a notary can administer the oath and attest the affidavit on the same day, provided you appear in person with the necessary documents.
Is a notarised affidavit proof of the facts?
Notarisation proves that the deponent appeared and swore to the contents. It does not by itself prove that the facts are true. The affidavit is evidence, and its weight is decided by the court or authority concerned.
What is the difference between an affidavit and a declaration?
An affidavit is sworn on oath and attested by a notary, oath commissioner or court. A declaration is a simpler statement made before an authority, not always on oath, and it is used where the law provides for a declaration rather than an affidavit.
If you need an affidavit drafted, sworn and filed in Kolkata, FileX Advocates & Legal Consultants can prepare the draft, arrange the notarial attestation and file it in the proper forum. Review our civil litigation formats or the property registration service, and contact us. Call +91 7439811422 or message us on WhatsApp at https://wa.me/917439811422. Our office is at 14 Hare Street, Kolkata 700001.