Introduction

Every document filed before a Court or a Tribunal needs an affidavit to be attached to it by the party who makes certain claims in such document. Even government departments and other administrative authorities often ask for an affidavit making a declaration regarding a change of name, date of birth, change of place of residence, and so on. It can, therefore, be said that an affidavit has a legal sanctity attached to it.

What is an Affidavit?  

An affidavit is a sworn statement of certain facts which are considered to be true by the person who makes it.

A person who makes a statement by way of an affidavit is known as deponent. However, an affidavit does not amount to the deponent making a statement unless it is signed by the deponent. An affidavit makes a statement that the deponent believes the statements it makes to be true and correct to his knowledge.

The affidavit becomes a document of legal sanctity once it is attested or affirmed by the Notary or Oath Commissioners appointed by the concerned Court.

What should an affidavit contain?

An affidavit should contain:

• Full Name, Address, and Occupation of the Deponent
• Signature of the Deponent at the bottom of each page
• Date and Place where the affidavit was made
• Facts believed to be true and correct to the knowledge of the Deponent

Note: An affidavit should contain the facts which one believes to be true and correct but not opinions. An affidavit should also not contain statements made by others i.e. hearsay evidence.

Is Affidavit a piece of evidence?

An affidavit is considered a piece of evidence by way of section 3 of the Indian Evidence Act, 1872. However, an affidavit cannot be used when a person is to be subjected to cross-examination.

Further, it is section 139 and Order XIX of the Code of Civil Procedure, 1908 along with Order XI of the Supreme Court Rules that contain the law regarding affidavits.

Consequences of making a false statement in Affidavit

An affidavit, being a document of legal sanctity makes a person liable for making a false statement. However, there is a vast difference between making a false statement knowingly and making a false statement while believing it to be true.

It is only in the former case that a person has committed the offence of perjury, as defined by section 191 of the Indian Penal Code, 1860.

Also, an affidavit being a piece of evidence, if contains false information, it makes the deponent liable to be punished for giving false evidence under section 193 of the Indian Penal Code, 1860.

Conclusion

An affidavit is a sworn statement of facts that one believes to be true and correct to his knowledge. It serves various purposes including proof of the genuineness of claims made before a judicial forum, applying for a change of name or residence or other details, and so on.

It is a piece of evidence under section 3 of the Indian Evidence Act, 1872. If the Deponent makes false statement in an affidavit, legal consequences are bound to follow.

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