What is mean by Affidavit

Affidavit is a legal document which the deponent sworn / oath to the Court. Although an affidavit can be filed by anyone, it is advisable to get a legal opinion from attorneys.

Sec. 297 of the Cr.P.C deals with the authorities before whom the affidavits can be sworn – which include magistrate, notary appointed and commissioner of oath as appointed. It also further talks about the component of affidavits like the facts the deponent is able to furnish from his knowledge. And other facts which he believes to be true and in later state the deponent shall state the appropriate reasons of such belief. The court can, if necessary may order the irrelevant statements be amended or struck down the same.

Order XIX of the Civil Procedure code deals with the affidavits:

It states that the Court may at any time of the trial order for any of the facts to be proved through affidavit. Section 139 of the CPC talks about the administering the oath on affidavits.

Starting sentence of the affidavit usually starts with an open line. Example:” I, Mr.  X swears or affirms”

An affidavit must be in a simple language, easily understandable and definitely structured.

An affidavit must me promptly numbered and split into paragraphs for the clarity of understanding.

Affidavit may also contain a verification column which declares the verification details such as residential address, age, gender, religion etc.

Usually in practical course of nature affidavits for the deponent are made by the attorney in the firm presence of the deponent and then cross signed.