Affidavit format in India
An affidavit is a written statement of facts sworn or affirmed before an authorised officer — a notary, an oath commissioner or a magistrate. It must be made on personal knowledge (or state the source of belief), carry a verification clause and is signed by the deponent before the attesting officer. A false affidavit is punishable as false evidence under Section 229 of the Bharatiya Nyaya Sanhita.
Key points
- Oaths and affirmations: the Oaths Act, 1969; notaries may administer oaths (Section 8, Notaries Act, 1952).
- Affidavits in civil courts: Order XIX CPC; evidence by affidavit: Order XVIII Rule 4 CPC.
- Stamp duty on affidavits is set by each State (some exempt affidavits filed in court).
- Making a false affidavit is punishable under Section 229 BNS (formerly Section 193 IPC).
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| Affidavits in civil proceedings | Order XIX CPC | — |
| Punishment for false evidence | Section 229 BNS | Section 193 IPC |
Which court or authority
Sworn before a notary, oath commissioner or magistrate; filed where it is required.
What the document should contain
- Title (court and case, if for a case)
- Deponent’s name, parentage, age, occupation and address
- Facts in numbered paragraphs
- Verification: which paragraphs are true to knowledge and which on information or belief
- Place, date and signature of the deponent
- Attestation by the notary or oath commissioner
Documents to attach
- Identity proof of the deponent
- Stamp paper or e-stamp as required by the State
- Documents referred to in the affidavit
Procedure
- Draft the affidavit in the first person
- Print on stamp paper where required
- Sign before the notary or oath commissioner, who attests it
Common mistakes
- Statements of law or argument instead of facts
- Missing or wrong verification clause
- Signed before the deponent appears before the attesting officer
Sample affidavit format
A short model to show the structure. Adapt the cause title, facts and prayer to your matter.
Frequently asked questions
Who can attest an affidavit in India?
A notary public, an oath commissioner appointed by the court, or a magistrate or other officer authorised under the Oaths Act.
Is stamp paper required for an affidavit?
It depends on the State and the purpose. Many States charge a small stamp duty; affidavits filed in court are often exempt.
What is the verification clause?
The closing statement in which the deponent declares which paragraphs are true to personal knowledge and which are based on information believed to be true, and that nothing material has been concealed.