Quick Summary
An affidavit is a formal written statement of facts voluntarily made by an affiant under oath before a person authorized to administer oaths, such as a notary public or judicial officer.
An affidavit is a written statement of facts that is sworn or affirmed to be true by the person making it (called the deponent or affiant) before an authorized officer, typically a notary public, oath commissioner, or judicial officer.
Key Characteristics
- Sworn Statement: Made under oath, making it legally binding
- Voluntary: Made willingly without coercion
- Written Form: Must be in writing, not oral
- First Person: Written from the deponent's perspective
- Factual Content: Contains facts known to the deponent, not opinions
Common Uses
- Court proceedings as evidence
- Verification of documents and identity
- Proof of address or date of birth
- Declaration of income or assets
- Property disputes and ownership claims
- Change of name declarations
- Matrimonial and divorce proceedings
Format Requirements
- Title indicating the court or purpose
- Identification of the deponent
- Numbered paragraphs with facts
- Verification clause
- Signature of deponent
- Notarization/Oath commissioner's attestation
- Date and place of execution
Legal Consequences
Making a false statement in an affidavit is punishable under Section 191-193 of the Indian Penal Code (IPC) for giving false evidence and fabricating false evidence, which can result in imprisonment up to 7 years and fine.
Key Points
- Written statement made under oath or affirmation
- Must be attested by a notary or oath commissioner
- Used as evidence in legal proceedings
- False statements attract perjury charges
- Should contain facts, not legal arguments
- Can be used for document verification