What Is an Affidavit and When You Need It

It consists of an official statement of fact, attested by the swearing party or the deponent and signed by an officer authorised to do so, such as a Notary Public or a Magistrate. Affidavits are accepted as evidence in legal, administrative, and private affairs; the affiant confirms that the statements contained therein are correct to their best judgement. False swearing, as the basic material from which perjury is drawn, can entitle the populace to criminal penalties.

20 FAQs – Affidavit

1. What does 'affidavit' mean?

A written statement of fact sworn or affirmed to be true before an officer authorised to do so.

2. Who is eligible to make an affidavit?

Any person capable of understanding and truthfully making a statement of facts.

3. Do affidavits create any legal obligation?

Yes; it will substantiate evidence before the court or in any other statutory or quasi-official matters.

4. When do you require an affidavit?

Legal proceedings, applications to the government, name changes on records, property matters, identity/address proof, etc.

5. Is an affidavit or agreement the same?

No; an agreement is a contract between two parties, while an affidavit is a sworn statement by one person.

6. Who is permitted to attest an affidavit?

A Notary Public, Judicial Magistrate, Executive Magistrate, or Oath Commissioner.

7. How much will it cost to make an affidavit?

Charging of amount varies according to the state; the majority includes stamp paper cost (₹10–₹100) plus notary charges.

8. Can an affidavit be on plain paper?

Legally it should be on non-judicial stamp paper of appropriate value unless otherwise specified.

9. What should an affidavit contain?

Title, personal particulars of the deponent, statement of facts, declaration of truth, date, and signature.

10. What happens in case the affidavit is false?

The concerned can be implicated in a criminal charge of perjury under IPC Sections 191-193.

11. Can I prepare an affidavit by myself?

Yes, provided that the designated format is respected and accredited by an authorised officer.

12. Is an affidavit valid without notarising?

It shall not be valid unless sworn or affirmed by an authorised officer.

13. Do I require witnesses for an affidavit?

Generally, no, unless specified otherwise (like in some cases of property law or family law).

14. Is an affidavit sometimes treated as a self-declaration in lieu of the original?

Sometimes, yes. But otherwise not accepted where originals are mandatory.

15. Is a digital affidavit valid?

Yes, e-affidavits are accepted under certain conditions through an authorised online platform.

16. Can an affidavit be used in any state of India?

Yes, but it will have to satisfy stamp duty requirements of that state.

17. Does an affidavit expire?

No, there isn't any fixed period of expiry, but facts must be current; otherwise, aged affidavits risk becoming irrelevant.

18. Is a registered affidavit superior to a notarised one?

Registration is not always a necessity; it suffices to get it notarised unless the law demands its registration.

19. Can I change the details in an affidavit after signing?

Not unless a new affidavit with correct information is drafted.

20. What is the punishment for forging an affidavit?

It is a criminal offence under IPC, punishable by fine and imprisonment.