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Making Affidavits In India
1. What are Affidavits and why are they important?
Affidavits are self-declaring written statements that are sworn or affirmed before relevant officials who have the power to administer an oath. Through an affidavit, the deponent (the person making the affidavit) declares that the facts provided therein are true to the best of his/her knowledge. They can be used as evidence in courts.
2. Who is a Deponent?
The person who makes the affidavit is called a ‘deponent’. The deponent must swear or affirm that the contents are true before the oath administering authority.
3. What are the requirements of an Affidavit?
An affidavit should contain the following:
- Affidavits should always be in first person.
- The person making the affidavit must swear or affirm that the contents are true.
- It should be done before a person authorized to take oaths in respect of the particular kind of affidavit.
- A person can either affirm or declare instead of swearing if allowed by law.
- An affidavit should be properly signed by the deponent in the presence of the oath administering authority.
- Where the deponent is illiterate, blind or unacquainted with the language in which the affidavit is written, a certificate by the person taking the affidavit that the affidavit was read, translated or explained in his presence to the deponent, that the deponent seemed perfectly to understand it and that the deponent made his signature or mark in his presence, shall appear at the bottom of the affidavit.
- The bottom part of the Affidavit should include the following:
- Full name of the deponent and their signature
- Statement indicating whether the affidavit has been sworn or not
- Date and place where the affidavit is being signed
- Designation and full name of the Notary or Magistrate (person attesting the affidavit)
4. What should not be included in an affidavit?
An affidavit should not contain statements which have no base and should be confined to such facts as the deponent is able to prove to his or her own knowledge. Any hearsay information or imagination or belief cannot be included in the affidavit.
5. Can documents be attached to affidavits? If yes, how is it done?
Yes. You can indeed attach documents to affidavits as they often refer to other documents for support. The documents that you attach to an affidavit is often called as exhibits to the affidavits or annexures.
If there are more than one page, each page must be numbered and each must contain a statement signed by the person authorizing the affidavit.
6. What is an Affidavit’s purpose?
An affidavit is a formally written statement or document which are sworn and affirmed before an authority who has the power to witness an oath. Affidavits are self declaratory and are created voluntarily to be used as evidence in courts. The person who creates an affidavit is called a deponent and the affidavit will present facts which are true upto the best knowledge of the deponent.