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AFFIDAVIT

WHAT IS AN AFFIDAVIT?

An affidavit is a statement of facts which is sworn to (or affirmed) before an officer who has authority to administer an oath. The person making the signed statement takes an oath that the contents are, to the best of their knowledge true.


A written statement within the name of an individual, called the deponent, by whom, it is voluntarily signed and sworn to or affirmed.

As per practice of the Indian courts, all evidence is, as a rule given by way of an affidavit.

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TYPES OF AFFIDAVITS

There are several kinds of affidavits such as, but not limited to:

  • Identity Theft Affidavit

  • Affidavit of Service

  • Name change affidavit

  • Change of signature affidavit

  • Address proof affidavit

  • Affidavit of Small Estate

  • Affidavit of Heirship

  • Affidavit of Residence

  • Affidavit of Name Change

  • Financial Affidavit

  • Affidavit of Death

  • Proof of date of birth affidavit

  • Income proof affidavit

  • Joint affidavit for Registration of Marriage

  • Affidavit for no criminal record

  • Affidavit for claim settlement in bank

Essential Attributes of an Affidavit

  1. It must be a declaration made by an individual

  2. It must relate to facts and not inferences of the same

  3. It must be in writing authorized officerIt must be a sworn statement made or before a magistrate or any other

  4. It must be in the first person

  5. It must be authorized by a Magistrate or any other accredited officer

CONSEQUENCES OF A FALSE AFFIDAVIT 

It is a criminal offence under the Indian Penal Code, 1860 to make or file a false affidavit before the court of law. The following are the relevant sections:

Section 191 - Giving False Evidence

Section 193 - Punishment for False Evidence

Section 195 - Giving or fabricating false evidence with intent to procure conviction of an offence punishable with for life or with imprisonment for 7 years or upwards.

Section 199 - False statement made in declaration which is by law receivable as evidence

FAQ's

Q

A

What is the purpose of making an affidavit?
Affidavits are made as a proof for the court, which states information/statements that an
individual swears to be true.

Q

Who is a Notary Public?

A

A Notary Public is a person authorized by the relevant authority who is authorized to draw and validate a legal document.

Q

A

Who is a Deponent?
The person who makes or affirms the statements in an affidavit is called the Deponent.

Q

What is the stamp duty applicable on an affidavit?

A

An affidavit to be deemed valid has to be executed on a stamp paper or has to be duly stamped
and notarized either by a Notary Public or Commissioner of Oaths. The rate of stamp duty differs from state to state.

For instance, the applicable stamp duty for the same is Rs. 10 in Haryana and Rs. 50 in Rajasthan.

Q

What if a person files a false affidavit?

A

If a person files a false affidavit, then he/she becomes liable to be punished under Section 193
of Indian Penal Code. The punishment for filing a false affidavit with imprisonment of either description for a term which may extend to seven years, and shall even be liable to fine, and
whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which can extend to three years, and shall also be 
liable to fine.

Q

Can a person make an affidavit for transferring his/her power of attorney?

A

Yes, while transferring his/her right or power of attorney, the person must make an affidavit to delegate such right(s) to another person.
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