Affidavit

INTRODUCTION

An affidavit is a form of self-declaration. It can be made by any competent individual who fully understands the consequences of making a statement under oath. An affidavit in India is a document of great significance. Section 3 of the Evidence Act treats and affidavit as and evidence and a statement of proof of facts.

PROCESS

Drafting of an affidavit entails the following:

1. A title and caption: This involve defining the purpose for which an affidavit is being made. If it relates to a particular case, then the case caption also has to be mentioned,
2. Introduction of the signatory or the affiant, who is the person writing the affidavit: This part involves identifying the name, father’s name and address of the person authoring the affidavit.
3. Asworn statement confirming that the averments made in the affidavit are true and to the best of knowledge of the affiant: this statement would take effect of an oath, pursuant to which the affiant would be penalised and prosecuted, if the information or statements made in the affidavit are false or incorrect.
4. All facts and statements: This section entails all the statements and information the affiant wishes to convey.
5. Any annexures: Relevant exhibits or evidence which might strengthen the position of the affiant
6. A notarized signature: The final step in drafting an affidavit is signing it and having it notarized. However, such signature can only be made in witness of a licensed notary.

ADVANTAGES / FEATURES

1. An affidavit is one of the most commonly used documents
2. It is a self-declaration which allows speedy completion of governmental and judicial formalities, as there is no lengthy enquiries involved
3. It helps save time as it can be substituted for court dates for statements in some cases

DOCUMENTS REQUIRED

1. Identification and age proof of the affiant
2. Address proof of the affiant

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