Affidavit

An affidavit is a written or printed statement made under oath. It is a document in which a person certifies that all the information provided by him/her is completely true. Affidavit is defined under section 139 of CPC. Affidavits are created on stamp papers. Many government forms include affidavits, such as driver’s license application and vehicle and voter registrations. Some of the common affidavits are court affidavits, self-proving will affidavits and financial affidavit.

THREE ESSENTIAL ELEMENTS OF AFFIDAVIT ARE –

The written oath where the affiant swears that the specific facts that wish to declare are true;

The document signed by the party making a written statement;

The certification by a notary public to affirm the authenticity of the affiant’s signature.

FAQ

What is the need of the affidavit?

Affidavit is required to prove the truthfulness of a certain statement in court or to make an oath to verify one or more written statements of fact.

Does an affidavit need to be witnessed?

Yes, there is a requirement that an affidavit must be signed in the presence of a solicitor or in front of a notary public or judicial officer.

Can affidavit be used as evidence in court?

No, affidavit can’t be used as evidence in court unless testified. Affidavit can be used as evidence only if the Court so orders for sufficient reasons.

When can an affidavit be used?

An affidavit can be used in divorce proceedings, property disputes and debt cases.