Affidavits

Whatever spoken orally in the thin air may vanish, but once it gets on record those words in the form of submissions as the oath, declarations etc., it remains forever safe and preserved. One of the common types of such oaths/declaration/submissions is affidavit which means “he has made an oath”. The word Affidavit derives its literal meaning from Affidavit refers to “pledge one's faith.” It is a declaration of facts to prove the credibility or as simple as to testify before the court, Affidavit can be referred to as sworn statement in written format made especially under an oath or affirmation before an authorised officer or Magistrate. It is to be signed by the deponent (one who makes an oath).Order XIX of Civil Procedure Code, 1908 deals with affidavits. Order XIX contains 3 rules and such order is to be read along with section 30 and section 139. An affidavit is treated as evidence in the court when specially called for as defined ins.3 of Indian Evidence Act and also held by the Supreme Court in the matter of Khandesh Spg & Wvg Mills CO. Ltd. Vs Rashtriya Girni Kamgar Sangh, citation 1960 AIR571, 1960 SCR(2) 841 affidavit can be used as evidence only if the Court so orders for sufficient reason.

• An affidavit is to be made on a stamp paper as recommended but not all affidavits need to made on stamp paper but it has to be on non-judicial papers. (Rs 100 stamp is usually preferable )
• It shall be borne with a title of Affidavit on the top and document shall contain an affirmation by the deponent.
• It shall assert all the known facts, with no glitches to the best of the knowledge of the deponent as it acts as a fitness certificate of truth, lying on oath amounts to perjury.
• Verification of place and time on the document as to be true and unconcealed.
It shall be taken to the notary or oath commissioner where the verification takes place, the notary in general sense is a trusted third party stating “I verify”.
• The notary verifies, signs and stamps/seals, without which an affidavit holds no value and such affidavit and declares after taking a note of original documents as Identity Proof like Aadhar Card along with its true copies.

• An affidavit must be in writing.
• The affidavit must be in the first person.
• It must be construed as a declaration made by the deponent.
• It must have been sworn or solemnly declared before an authorised officer.
• There must be verification at the end of the affidavit
• Oath on affidavit must be administered by any Notary, Oath Commissioner or any Officer in person appointed by High Court
• Any fact in suit can be proved by an affidavit as ordered by Court.
• An affidavit can be made on white paper in case of urgency or it can be typed or handwritten.
• Filing false affidavits is considered an offence under Indian Oaths Act, 1873 and also under Indian Penal Code.
• After 2002, an affidavit has also to be filed with pleadings.

• Gap Certificate
• LPG connection
• Change in the first name, address and after marriage certificate
• Change in a signature
• Affidavit for passports
• Affidavits for educational loans
• For divorce cases
• Affidavit for property requirements
• Affidavit for no criminal record
• Affidavit for attendance in court for deponent’s cross-examination
• The affidavit upon any evidence submitted to the court
• When the courts ask if something is to be proved by affidavit
• Production of witnesses
• Or in any other matters when called by the courts or required there to