What is an Affidavit?
An Affidavit is a written statement of facts voluntarily made by an affiant or deponent under an oath or affirmation, administered by a person authorized to do so by law. It is used as evidence in court proceedings, government applications, property transactions, and various other legal matters. The person making the affidavit signs it in the presence of a notary public, oath commissioner, or other authorized official.
Legal Basis: Affidavits are governed by the Code of Civil Procedure, 1908 (Order 19) and the Evidence Act, 1872. Notarization is regulated by the Notaries Act, 1952.
Notarization Process for Affidavit
1
Draft Affidavit
Write on plain paper/stamp paper
2
Deponent Signs
In presence of notary
3
Notary Verifies Identity
Check ID proof of deponent
4
Oath Administered
Notary administers oath
5
Notary Signs & Seals
Affixes signature and official seal
Important Note: The deponent must appear in person before the notary public. The notary will verify the deponent's identity through a valid ID proof (Aadhaar, PAN, Voter ID, Passport) before administering the oath.
Common Uses of Affidavit
Court proceedings and evidence
Name change / correction
Date of birth proof
Legal heir/succession certificate
Property transactions
Educational certificates verification
Income/financial status declaration
Passport and visa applications
Affidavit of support (sponsorship)
Address proof
Marriage certificate
Birth certificate (non-availability)
Consequences of False Affidavit
Legal Consequences: Making a false affidavit is an offence punishable under Section 191 (giving false evidence) and Section 193 (punishment for false evidence) of the Indian Penal Code. It can lead to imprisonment and fine. Additionally, the court may initiate contempt proceedings.
Frequently Asked Questions
Q1: Is notarization of affidavit mandatory?
For most legal purposes, an affidavit must be notarized or sworn before an oath commissioner to be admissible as evidence. Some government applications may accept self-attested affidavits, but notarization is generally required.
Q2: Can an affidavit be made on plain paper?
Yes, an affidavit can be made on plain paper. There is no requirement to use stamp paper. However, some specific purposes (like name change) may require stamp paper as per local rules.
Q3: Who can notarize an affidavit?
A Notary Public appointed under the Notaries Act, 1952, or an Oath Commissioner appointed by the High Court, or a Judicial Magistrate can notarize/administer oath for affidavits.
Q4: Does the deponent need to appear before notary?
Yes, personal appearance of the deponent before the notary is mandatory. The notary will verify identity before administering the oath and signing the affidavit.
Q5: What is the difference between affidavit and declaration?
An affidavit is sworn under oath before an authorized officer. A declaration is simply a signed statement without oath. Affidavit has higher evidentiary value in court.
Q6: Can an affidavit be made in regional languages?
Yes, affidavits can be made in English, Hindi, or any regional language. However, for court purposes, an English translation may be required if the original is in a regional language.
Q7: What is the validity period of an affidavit?
An affidavit is valid for the purpose for which it was made. There is no fixed expiry date, but for matters like income declaration, a recent affidavit (typically within 3-6 months) is preferred.
Q8: Can a witness sign an affidavit on behalf of someone?
No. The deponent must sign the affidavit themselves. If the deponent is illiterate, they can affix their thumb impression, and the notary must record that the contents were read over and explained to them.