An affidavit is a written statement of facts that the person making it signs and swears or affirms to be true before someone authorised to administer an oath. Notarisation is the act by which a Notary Public authenticates a signature and, where the law requires it, administers that oath under the Notaries Act 1952. The two are not competitors. Almost every affidavit is notarised, but a notarised document can be any paper at all — a rent agreement, a photocopy, a consent letter — where the notary only confirms that the signature is genuine and was made in his presence. The oath, not the notary's stamp, is what makes an affidavit an affidavit.
When this matters
An affidavit becomes necessary whenever a court, a government department, a bank or a university wants facts on oath rather than a plain letter. Typical situations:
- Evidence by affidavit in a civil suit or writ petition, and the affidavit-in-reply or affidavit-in-opposition filed in the Calcutta High Court.
- Applications before agencies — passport, PAN, Aadhaar correction, West Bengal registration offices, RERA and consumer forums.
- Financial institutions — a bank affidavit for a lost passbook, a cheque-book mismatch, a name or address change on an account, a deceased depositor claim or a loan declaration.
- Name change after marriage or by deed poll, and address change for electoral or service records.
- Self-declaration affidavits for admission, scholarship, and caste or income certificates.
If what you need is to compel the other side rather than to inform an authority, an affidavit is the wrong tool — that is a legal notice, which we draft as part of our legal notice drafting service.
What the document must contain
An affidavit has three parts: a description of the deponent, numbered paragraphs of fact, and the jurat.
- Title and cause-title. The court or authority, the case number where one exists, and the names of the parties.
- Deponent details. Full name, father's or husband's name, age, address, and the capacity in which the person is swearing — party, guardian, director or authorised signatory.
- The statement of facts. Numbered paragraphs, each dealing with one fact, in the order the events happened. Every figure, date and name must be accurate, because the deponent is answerable for each sentence.
- Source of knowledge. Mark clearly which facts are known personally and which are believed on information. Courts reject affidavits that present hearsay as personal knowledge.
- The jurat. The closing clause — "Solemnly affirmed / sworn before me on this ___ day of ____ at ____" — followed by the signature of the deponent and the signature, seal and registration number of the officer who administered the oath. The jurat must record both place and date. An affidavit without a jurat is, at best, a plain statement.
- Exhibits. Where documents are relied on, attach them as marked exhibits and refer to the marking in the body.
The drafting conventions for court affidavits are collected under civil litigation formats, and the document itself is prepared through our affidavit drafting service, which covers court affidavits, bank affidavits and self-declarations.
What notarisation does and does not do
Notarisation does two limited things: it identifies the signatory, and it records that the oath or affirmation was taken. It does not verify that the contents are true. A notary is not a fact-finder; he cannot check whether your date of birth is correct or whether you actually paid money. The truth of the statement stays entirely with the deponent. That is why banks and courts treat a notarised affidavit as the deponent's own admission, not as proof of anything.
Declaration, bond and undertaking — how they differ
- Declaration. A statement made without an oath, or a statutory declaration sworn in the form a particular statute prescribes. It carries no penalty for falsehood unless the relevant Act makes it an offence.
- Bond. An instrument by which a person binds himself to pay a sum or perform an act, often on a condition. The indemnity bond given to a bank is the common example. A bond creates an obligation; an affidavit only states facts.
- Undertaking. A promise to do or refrain from doing something, filed with a court or given to an authority. Its breach is contempt or contractual, not perjury.
Documents to attach
- Identity proof of the deponent — Aadhaar, PAN or passport — for the notary's register.
- The documents the affidavit relies on, attached and marked as exhibits.
- Proof of the address or name claimed, where the affidavit exists to establish it.
- The court or authority reference number, where the affidavit supports a pending matter.
Common mistakes
- Signing before the notary has administered the oath, so the jurat records the wrong sequence.
- A missing or undated jurat, or a jurat signed by someone without the power to administer an oath.
- Stating hearsay as personal knowledge, which invites objection and can be struck out.
- Blank affidavits signed in advance and filled in later. The deponent remains liable for whatever the final text says.
- Using a general affidavit where a bank or department insists on its own prescribed form; banks routinely refuse anything else.
On consequences: swearing a false affidavit is giving false evidence and is punishable under Section 229 of the Bharatiya Nyaya Sanhita 2023 (formerly Section 193 of the Indian Penal Code). Where the false statement is used in a judicial proceeding, the court may also direct prosecution under the procedure in the Bharatiya Nagarik Suraksha Sanhita 2023 (formerly Section 340 of the Code of Criminal Procedure). The sanction is not theoretical — false affidavits in land and bank matters are regularly pursued.
Common questions
Is a notarised document automatically an affidavit?
No. Notarisation only records that a signature was made before the notary. If no oath was administered and no statement of facts was made on oath, the document is not an affidavit, whatever the notary's endorsement says.
Can I swear an affidavit without a notary?
Before a court, an affidavit is normally sworn before a notary, an oath commissioner, or the officer the court designates. Some authorities accept an affidavit affirmed before any person authorised under the Oaths Act 1969, but a bank or department usually insists on its own prescribed mode.
When does a bank insist on a specific form?
For lost passbooks, cheque-book mismatches, deceased-depositor claims and name corrections, banks have their own affidavit and indemnity formats. They will refuse a homemade version even if it is legally sound, so it is faster to draft on the bank's own format.
What is the penalty for a false affidavit?
It is an offence of giving false evidence under Section 229 of the Bharatiya Nyaya Sanhita 2023, formerly Section 193 of the Indian Penal Code, and the deponent can be prosecuted independently of the case in which the affidavit was filed.
FileX Advocates & Legal Consultants, Kolkata, drafts and files these matters before the Calcutta High Court, City Civil and Sessions courts, magistrate, family, consumer and tribunal forums. Call +91 7439811422 or WhatsApp us for a free first consultation.