AFFIDAVITS

Contribute By:- Deepak Miglani Advocate

An affidavit may be defined as a statement or declaration in writing on oath or affirmation before a person having authority to administer oath or affirmation. The term affidavit has been defined by Section 3 and clause 3 of the General Clause Act. The term affidavit defined by this section includes affirmation and declaration in cases of persons by law allowed to affirm or declare instead of swearing.

The deponent is the person who signs a affidavit.

The Indian Oaths Act,1873 govern the law relating to affidavits in India. Two or more persons join in an affidavit subject to the conditions that each should dispose separately to those facts which are within his own knowledge, and such facts should be stated in separate paragraphs.

Affidavit is a solemn declaration on oath all the relevant material facts must be included in it. But no fact which is unverifiable by the deponent should be included in it.

The various part of affidavit are as given below:- a) Introductory para b) Declaration of facts c) Closing para.

a) Introductory para:- In the opening para, name , age, parentage and full address of the deponent must be given. Besides it must disclose that deponent is making a solemn declaration. For example, “I Mr/Mrs X, aged about 35 years, son/daughter of ...., resident at........, do hereby solemnly affirm and state as under:”

b) Declaration of Facts:- The main body of affidavit is the declaration and narration of facts which the deponent wishes to swear on oath. Each facts must, clearly yet briefly, be set forth in separate paras. The parts must be numbered for the sake of convenience and clarity of expression.

c) Closing Para:- The closing para of affidavit contains verification. The deponent has to verify an affidavit.

There are the following points to be remembered while making an affidavit:-

1) First ascertain whether there is any need to submit an affidavit.

2) The proper amount of court fees should be affixed.

3) Ascertain the particulars of the person making declaration.

4) The subject matter of swearing each point must be clearly brought out in separate para.

5) Verification of the contents of affidavit must be properly verified in the manner prescribed.

6) Verification of the affidavit either by an oath commissioner or by a notary.

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