a written statement confirmed by oath or affirmation, for use as evidence in court.

 An Affidavit is a declaration of facts made in writing and sworn before a person having the authority to administer an oath. All affidavits need to be drawn up in the first person and should contain facts and not inferences. A person who makes an affidavit is called a Deponent .The person who has authority to attest a certificate may be a Magistrate who may in turn be either a Judicial or an Executive Magistrate

Who Can Create An Affidavit?

In order to create an affidavit, an individual should have attained majority and should be in a position to understand the nature of the contents sworn. In other words, the person should not be insane or incapacitated to the extent of not knowing the meaning of the statements mentioned in the affidavit.

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;

Essential Features Of An Affidavit

• An Affidavit should be in writing
  Since an Affidavit is used as a record in court, it has to be in writing. This is to make the person who makes the affidavit accountable for the contents sworn in the affidavit. It also deters people from making false claims since they amount to punishable offenses.
• It must be a declaration made by an individual
  An Affidavit can be created only by an individual, and not by any artificial persons like Companies and other associations or Groups of individuals.
• It must relate to facts alone
  An Affidavit should mention only the facts according to the best knowledge and belief of the deponent. It should not be based on mere inferences or assumptions.
• It must be made in the first person
  Affidavits cannot be created on behalf of other persons. The purpose is to prevent declaring things beyond the reasonable knowledge of a person.  It is the duty of the deponent to state facts which are known to him/her. However it is subject to the exception where affidavits are sworn on behalf of minor children or insane individuals.

It must be sworn before an officer or magistrate who is authorized to administer an oath.
An affidavit can be sworn only before a person having authority to attest it. For example, a name change affidavit may be attested either by a Notary Public or by an Executive or Judicial magistrate for documents created in India; while an affidavit for lost or damaged passport can be attested only by a Judicial or Executive Magistrate and it is beyond the authority of a Notary Public.

Contents Of An Affidavit

An affidavit should include only those facts that a deponent is able to prove to his personal knowledge. It should not contain assumptions and vague beliefs. The only exception to this rule is Interlocutory Applications submitted in civil proceedings which may be based on the belief of the deponent.

 An affidavit contains plain facts listed one after the other and a verification clause which is to be attested by the prescribed officer with authority.

Circumstances For Creating An Affidavit

Affidavits are used whenever there is a reason to swear an oath of any nature, for instance- in passport requirements, divorce proceedings, property disputes, debt cases among others. It is also used in the event of loss of certificates or original documents of any nature, for purposes of changing names of individuals and for a number of different reasons.

According to the Indian Laws, an affidavit can be used to prove a fact in a court of law provided the court orders it. Since affidavits are not included in the definition of ‘Evidence’ in the Indian Evidence Act, they can be used as evidence only when the court finds it reasonable to invoke the provisions of order 19 of the Civil Procedure Code. This provision is however subject to the right of the opposite party to produce the deponent for cross verification.

What Happens On Filing Of A False Affidavit?

Swearing of a false affidavit can make a person liable to be charged under the Indian Penal Code for the offense of Perjury. It is a grave matter which warrants strict action. Such provisions ensure that persons who swear untruths in affidavits are aware of the consequences and to prevent them from committing such offenses.

What documents are required for an affidavit?

Documents required to execute affidavit as below,

• Any of your government approved ID proof like Adhara, passport or driving license.
• Any of the specific supporting documents for your intended purpose to execute an affidavit like degree certificate, mark sheet, employment letter, marriage certificate, bank statement etc. It is important that we consider the different terms and components that are common in any affidavit.

Written statement: All affidavits must be by writing. Any oral statements that

are taken as oath before the law does not in any way equals an affidavit. For an affidavit to be used as evidence before the court must be written.

Affirmation or oath: A solemn promise by the deponent regarding his action must be found in this document.

Voluntarily. Affidavit is very binding on the fellow who has sworn to it and this must be his personal decision. Any affidavit that is taken forcefully shall be

• Deponent or affiant: this is the person who is making the affidavit.

Notarization: All affidavits must be notarized before the notary office which is authorized by the state or Central government.

HOW CAN AN AFFIDAVIT BE DRAFTED?

The first person should be used in the drafting of an affidavit.

• It should be divided into paragraphs which are given a specific number.

• Each paragraph of the document should be specific on each subject.

• It should mention the names, age, religion, re, residence and occupation of the deponent.

Where anv alterations are to be made in the document, it must be authenticated by the authority.