Affidavit: Harbinger of preliminaries in Indian Legal System

by Ananya Nair Seo Manager

The affidavit has become an integral part of Indian Legal System and shepherd its way through to hunch a poignant place for itself. The affidavits can be defined as one of those preliminary requirements which heralds back at every stage of legal system. This article would try and connect the dots to make the position affidavits in India more intelligible.

Let us deal in with affidavits in a broader way. An affidavit is a formal written statement containing the facts of your case. The affidavit can become valid evidence in a suit subject to the consent of the parties. It is considered as one of the most primary ways to present your facts to the court. It must be sworn or affirmed to be on record. The affidavit is signed by an author, who is known as affiant or deponent and the deponent’s signature is witnessed to grant authenticity to the same. The affidavit is generally authenticated by taker of oaths, such as notary public or commissioner of oath. There are myriad uses of affidavits as in it could be useful for courts, for government etc. The length of the affidavit depends on how intricate your case is. One can also attach documents to the affidavit and they are known as Annexure. The annexure should also be identified by an authorized person. On the last page of affidavit one should mention the full name of the person making the affidavit and his accorded signature. Further the day and place where the affidavit is sworn in should also be mentioned. A child under the age of 18 years making an affidavit should get the assent of the court. There are circumstances like obtaining a legal document in case to fetch an application for voter registration or for passport. In these cases the authenticity of the information and documents submitted by the application is thoroughly scrutinized so affidavit provides a legible way through. If after signing such a declaration the information is found to be deliberatively untrue with the intent to deceive, the applicant may face perjury charges. If the false affidavit has been filed in the court proceedings, it amounts to contempt of court.

Affidavits may be written in the favour of first or third person, depending on who drafted the document. If it is in the name of first person the components of the document will contain a commencement which identifies the deponent; the individual averments, almost always numbered as mandated by law, each one making a separate claim. It could be a statement of truth generally stating that everything is true under penalty of perjury, fine, or imprisonment. There could also be an attestation clause at the end certifying the deponent made oath and the date; and signatures of the author and witness. If an affidavit is authenticated, it will also include a caption with a venue and title in reference to a particular proceeding. In some cases an introductory clause, called a preamble is added attesting the deponent personally appeared before the authenticating authority.

Affidavit can be treated as evidence within the meaning Section 3 of Evidence Act. The Supreme Court of India has also assented to this presumption that affidavits can also be inhibited as evidence but with the consent of the parties to the suit or by the consent of the adjudicating authority. There are basically two kinds of affidavits i.e. judicial affidavits and non-judicial affidavits. Judicial affidavits are drafted on a judicial paper along with prescribed court fee with stamps affixed. The judicial affidavits can be included but not limited to only accepting that in the form of evidence. Non Judicial affidavits are drafted on the non judicial stamp paper. The value of non judicial affidavit can vary with places.

So, affidavit is one of the most important aspects of Indian Legal System