Indian Law: What is an Affidavit?

A voluntarily made declaration in writing, signed by the affiant (person making the affidavit) and accompanied by an oath (regarding the authenticity of the contents) is known as an affidavit. “Affidavit” is derived from a Latin word and literally means to “pledged ones faith.” It is signed without any cross-examination by the affiant. This distinguishes an affidavit from a deposition, which is cross checked and is generally not voluntary. An affidavit can be used for supporting a court case as well as for supporting mortgage documents.

Misleading information in an affidavit can result in a perjury charge against the person. However, if a person forgets to include some information in the affidavit, he can not be penalized for omission. If a person mentions something the source of which is his personal knowledge, he should clearly state it as an “opinion.”

Indian Laws: Who can make an Affidavit?

There is no requirement related to the age of the person making an affidavit. The following persons can make an affidavit:

• Person with required mental capability for taking an oath
• Person with enough knowledge of disputed facts
• Person familiar with matters
• Guardian for a minor
• Attorney for a client
• Personal representative or an agent

Indian Laws: Who can take an Affidavit?

The officers can take only those affidavits that are within their jurisdiction level. Persons who can take affidavits include:

• City recorders
• Court clerks
• Commissioners of deeds
• Notaries
• County clerks
• Magistrates
• Justice of the peace

Indian Laws: How to create an Affidavit?

No standard criteria exist for creating an affidavit. But every fact should be mentioned clearly in an affidavit, without the use of any legal arguments. Avoid grammatical errors as much as you can. In the affidavit, don’t forget to include:

• Date
• Address
• Signature of the affiant

Sometimes the source of information is also required for confirming the accuracy of the information.

Indian Laws: Uses of Affidavit

• Affidavits are commonly used for several business purposes, including financial stability of a business, application of credit by a person stating his financial condition, etc.
• In cases where no other evidence is available, affidavits can be used as evidence in proceedings.
• They also serve as evidence in ex-parte proceedings.
• Whenever there is an opportunity for cross examination of affidavits, without any objection, affidavits can be used in administrative proceedings as evidence.

Indian Laws: Dos and Don’ts for an Affidavit

• Mention the facts clearly
• Read the affidavit, if it is recorded by another person
• Always correct the errors
• Provide accurate information
• Avoid grammatical errors
• Don’t provide misleading information
• Sign the document only after checking it thoroughly
• Submit source of information, if required

Since an affidavit is accompanied by an oath, it is crucial to ensure the clarity and accuracy of facts represented.