To make an affidavit in India, prepare a written statement of facts, print it on the appropriate stamp paper or plain paper as required, sign it before a Notary Public, Oath Commissioner, or authorised Magistrate, and have it properly attested. The affidavit should contain true and accurate information, as making a false affidavit can lead to legal consequences under Indian law.
Detailed Explanation
An affidavit is a written statement made voluntarily by a person, called the deponent, who confirms that the facts mentioned in the document are true to the best of their knowledge. The statement is made under oath or affirmation before an authorised officer.
Affidavits are widely used in India for legal proceedings, government applications, property matters, education, banking, immigration, marriage, name change, and many other official purposes.
There is no single law that prescribes one standard format for every affidavit. The required format and stamp paper value may differ depending on the purpose, the authority requesting it, and the applicable state rules.
Steps to Make an Affidavit in India
| Step | What You Need to Do |
|---|---|
| 1 | Draft the affidavit with correct facts and personal details. |
| 2 | Use the required stamp paper or plain paper if permitted by the concerned authority. |
| 3 | Mention the purpose of the affidavit clearly. |
| 4 | Sign the affidavit in the presence of a Notary Public, Oath Commissioner, or authorised Magistrate. |
| 5 | The authorised officer verifies your identity and attests the affidavit with their seal and signature. |
| 6 | Submit the affidavit to the concerned authority or court. |
Information Generally Included in an Affidavit
Most affidavits contain the following details:
| Particular | Description |
|---|---|
| Full Name | Name of the person making the affidavit |
| Father’s/Mother’s/Spouse’s Name | Identification details |
| Age | Current age |
| Address | Permanent or present residential address |
| Facts | Statements that are true and relevant |
| Purpose | Reason for submitting the affidavit |
| Verification | Declaration that the contents are true |
| Signature | Signature of the deponent |
| Attestation | Signature and seal of the authorised officer |
Who Can Attest an Affidavit?
Depending on the purpose, an affidavit may be attested by:
- Notary Public
- Oath Commissioner
- Judicial Magistrate
- Executive Magistrate (where applicable)
- Other officers authorised under law
Some government departments or courts may specify the exact authority before whom the affidavit must be executed.
Documents Usually Required
The following documents are commonly needed while making an affidavit:
| Document | Purpose |
|---|---|
| Aadhaar Card, PAN Card, Passport or Voter ID | Identity proof |
| Address proof | Residential verification |
| Passport-size photograph (if required) | Identification |
| Draft of affidavit | Statement of facts |
| Supporting documents | Depending on the purpose |
Common Uses of an Affidavit
Affidavits are commonly used for:
- Name change
- Address proof
- Date of birth declaration
- Marriage-related declarations
- Income declaration
- Lost documents
- Property transactions
- Court proceedings
- Educational admissions
- Passport applications
- Bank documentation
- Succession and inheritance matters
Can an Affidavit Be Written on Plain Paper?
Yes, in some cases.
Many courts and government departments accept affidavits prepared on plain paper, provided they are properly notarised or attested. However, certain authorities specifically require non-judicial stamp paper of a prescribed value. Always check the requirements of the authority where the affidavit will be submitted.
Is Stamp Paper Mandatory?
Not always.
The requirement depends on:
- State Stamp Act or applicable stamp rules
- Purpose of the affidavit
- Court or department requirements
For many routine declarations, nominal-value non-judicial stamp paper is commonly used, while some authorities accept plain paper.
What Happens If an Affidavit Contains False Information?
An affidavit is a sworn declaration.
Knowingly making false statements may amount to giving false evidence or making a false declaration. It can result in criminal prosecution, fines, imprisonment, and rejection of the application or claim for which the affidavit was submitted.
Therefore, every statement should be accurate and supported by evidence wherever possible.
Key Points / Important Facts
- An affidavit is a sworn written statement of facts.
- The person making it is called the deponent.
- The affidavit should contain only true and correct information.
- It must be signed before an authorised officer.
- Requirements for stamp paper differ across states and authorities.
- Supporting documents may be required depending on the purpose.
- False affidavits can attract criminal liability.
- Courts and government departments may prescribe their own affidavit format.
- Keep a copy of the attested affidavit for future reference.
- Seek legal advice if the affidavit relates to court cases, property disputes, or inheritance matters.
Legal Provision or Section
There is no single legislation governing every affidavit in India. However, the following laws are commonly relevant:
| Law | Relevance |
|---|---|
| Notaries Act, 1952 | Regulates the appointment and functions of Notaries Public who attest affidavits. |
| Oaths Act, 1969 | Governs the administration of oaths and affirmations for affidavits and legal proceedings. |
| Bharatiya Sakshya Adhiniyam, 2023 | Governs the rules relating to evidence before Indian courts. Affidavits may be accepted where permitted by law or court procedure. |
| Code of Civil Procedure, 1908 (Order XIX) | Permits courts to receive evidence through affidavits in specified situations. |
The applicable procedure may also depend on the relevant High Court Rules, tribunal regulations, or departmental guidelines.
Important Supreme Court / High Court Judgments
S.P. Chengalvaraya Naidu v. Jagannath (1994)
The Supreme Court held that a person who approaches the court with false statements or suppresses material facts is not entitled to relief. The judgment highlights the importance of truthfulness in affidavits.
A. K. K. Nambiar v. Union of India (1969)
The Supreme Court explained that affidavits filed before courts should comply with legal requirements and must clearly distinguish between facts based on personal knowledge and those based on information or belief.
Frequently Asked Questions (FAQs)
1. Can I prepare an affidavit without a lawyer?
Yes. A lawyer is not mandatory for preparing an affidavit. However, legal assistance is advisable for affidavits involving court cases, property disputes, succession matters, or other complex legal issues.
2. Is notarisation compulsory for every affidavit?
Not in every case. Some authorities require notarisation, while others may require attestation by an Oath Commissioner or Magistrate. Always follow the specific requirement of the authority where the affidavit will be submitted.
3. How much does it cost to make an affidavit in India?
The cost depends on the stamp paper value, notary charges, and local state rules. Fees may vary from one state to another and according to the purpose of the affidavit.
4. Can I use one affidavit for multiple purposes?
Generally, no. An affidavit is drafted for a specific purpose. Different authorities may require separate affidavits containing purpose-specific declarations.
5. Can an affidavit be cancelled or corrected?
If an error is discovered before submission, a fresh affidavit is usually prepared. If it has already been submitted, the concerned authority or court may require a corrected affidavit or additional declaration.
6. Is giving false information in an affidavit a criminal offence?
Yes. Deliberately making false statements in a sworn affidavit may result in criminal action, including prosecution for offences relating to false evidence or false declarations, depending on the facts of the case.
Conclusion
Knowing how to make an affidavit in India helps ensure that your declaration is legally valid and accepted by the concerned authority. A properly drafted affidavit should contain truthful information, follow the required format, and be signed before an authorised officer. Since affidavit requirements may vary by state, court, or government department, always check the specific instructions applicable to your case, and seek legal advice where the matter involves significant legal rights or disputes.
Sources & References
- Ministry of Law and Justice – Notaries Act, 1952: https://legislative.gov.in
- India Code Portal: https://www.indiacode.nic.in
- Department of Justice: https://doj.gov.in
- eCourts Services: https://ecourts.gov.in
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Prabh Kalsi provides global legal information and educational content to help readers understand legal concepts, rights, and processes across different countries. With experience in researching legal topics and simplifying complex legal information, he creates easy-to-understand content based on publicly available and trusted sources. This content is intended for informational purposes only.