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What is an Affidavit?


What is an Affidavit in India?

The affidavit is a written statement sworn before a person having authority to administer an oath. In India, an affidavit can be sworn or affirmed before:

  • Any Judge or any Judicial or Executive Magistrate;
  • Any Commissioner of Oaths appointed by a High Court or Court of Sessions;
  • Any Notary appointed under the Notaries Act, 1952;

How to draft an affidavit

Affidavits should be drawn in the first person, and the matter of the affidavit should be divided into paragraphs which are numbered consecutively. Each of the paragraphs in an affidavit should ideally be confined to a portion of the subject. Affidavits should mention the full name, fathers name, religious persuasion, age, profession, occupation and residence of the person on whose behalf an affidavit is filed. In case of changes or alterations to an affidavit, changes should be authenticated by the initials of the officer before whom the affidavit was taken.

Importance of Affidavits

Affidavits are extensively used in Courts and except in the cases of final judgments, orders are passed based on affidavits. Further, for invoking the powers of Courts under various provisions of relevant enactments including procedural acts, applications are to be filed supported by affidavits.

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