AFFIDAVIT

1. Introduction

An affidavit is a willingly made declaration in writing, signed

by the deponent (person making the affidavit) and
accompanied by an oath (vis-à-vis the authenticity of the
contents).
“Affidavit” has its roots from a Latin word which literally
means to “pledge ones faith.”
2. Definition
a) “An Affidavit is a sworn written statement used mainly to
support certain applications and in some circumstances, as
evidence in court proceedings. The person who makes the
affidavit must swear or affirm that the contents are true
before a person authorized to take oaths in respect of the
particular kind of affidavit”-
- Concise Dictionary of Law published by Oxford
University press.
b) “A voluntary sworn declaration, in writing made before
competent authority”.–
-- Webster’s Comprehensive Dictionary
3. Affidavit and Oaths

In essence, an affidavit is a statement in writing made on oath

or affirmation.

The administration of oath is, thus, an essential requirement of

an affidavit.
4. Oath

If an oath is administered, there may follow several legal

consequences, of which the most important is the obligation of
the deponent to speak the truth otherwise deponent shall be
punished with imprisonment of either description for a term
which may extend to seven years, and shall also be liable to
fine under Sec.193 (perjury) of Indian Penal Code.
6. Kinds of Affidavit

Affidavit can be categorized into judicial and non-judicial affidavit.

i) Judicial Affidavit (before the Court )
i) Suits -- Every plaint has to be supported by Affidavit.
ii) Applications---
a) Temporary injunction
b) The appointment of receiver etc.
iii) Writs
For Judicial Affidavit there is no need of Non Judicial Stamp Paper.
 AFFIDAVIT

I , Satish Naik, son of Rajendra Naik, 42 years, Married , Resident of H.No. 128 , Kamra
Bhat Taliegao –Goa, state on oath as under :

1. I say that I am the plaintiff in the present suit which I filed for recovery of money.

2. I say that the contents of the plaint are read over and explained to me and they are as
per my say.

3. I say that I have verified the plaint and the contents of the plaint are true and correct.

Solemnly affirmed at Panaji on 21st August 2018

Identified by me Sd/-

Sd /- DEPONENT

Advocate for Plaintiff

ii) Non-Judicial Affidavit ( mostly before notary)
For this Affidavit Rs.100/-(Under Goa Stamp Act ) non-judicial
stamp paper is required.
a) Affidavit with application for the passport
( stating –particulars furnished in the application are correct /
Solemnly declare that there are no criminal or civil cases pending
against the applicant in any court of law in India)
b) Affidavit for anti-ragging
c) Affidavit for duplicate certificates before police station
d) Affidavit for marriage proof / residence proof etc.
7. Basic rules of drafting an Affidavit

i) An affidavit should preferably be given in the first person

and shall state the description, occupation if any and true place
of the deponent.
ii) It may also be given in the third person narrative form, that is
to say, the deponent, instead of referring to himself as the
plaintiff/applicant/defendant/ respondent, may state that ‘the
deponent is the plaintiff /applicant /defendant/respondent ..
and therefore call himself “the deponent”.
iii) Every affidavit containing any statement of facts shall be
divided into paragraphs and each paragraph need to be
numbered. It will be more convenient if each paragraph shall
be confined to a distinct portion of the subject.

iv) It should not contain statements, for which there is no basis.

v) The affidavit should be confined to such facts as the deponent
is able to prove to his own knowledge except on interlocutory
applications.
In the case of interlocutory applications, the deponent is
permitted to aver not only –
a) Facts within his personal knowledge but also
b) Statements of his belief, provided that the grounds thereof
are stated .
When any particular fact is not within the declarant’s own
knowledge, but is specified from information procured from
others, the affiant must use the words ‘I am informed’,—
and, if such be the case, should add ‘and believe it to be
true’ – or he may mention the source from which he
procured such information.
Ex.- I, Mr. Suresh Prabhu, the plaintiff above named states on
oath that the contents of paragraph 1 to 7 are true to my own
personal knowledge and the contents of paras 8 to 13 are
submissions made upon legal advice and I believe the same to
be true.
vi) Affidavit which is not properly verified, cannot be treated as
an affidavit in the eyes of the law. ( this rule applies in case of
judicial affidavit and notarized affidavit)
Verification is intended to test the genuineness and authenticity
of allegations and also to make the deponents responsible for
the allegations.
Eg.-- I say that the contents of paragraphs 1 to 5 are totally true
to the best of my knowledge and nothing stated therein is false.
Thank You