What is an Affidavit – How to Make One, Types, and Legal Requirements

An affidavit is one of the most common legal documents in India — yet most people sign them without fully understanding what they are swearing to. An affidavit is a sworn written statement of facts, verified by oath or affirmation before an authorized officer. It carries the same legal weight as oral testimony given in court — and lying in an affidavit is the criminal offense of perjury. Here is everything you need to know.

What Exactly Is an Affidavit?

An affidavit is a voluntary declaration of facts, reduced to writing, and sworn or affirmed before a person authorized to administer oaths (a notary public, magistrate, or oath commissioner). The word comes from the Latin affidare — "to pledge one's faith." Once sworn, the affidavit becomes evidence of the facts stated in it. It can be used in court proceedings, government applications, property transactions, and various legal processes.

An affidavit has two main parts: the body (the factual statements, numbered in paragraphs for clarity) and the jurat (the verification clause at the end where the deponent swears that the contents are true, and the notary/oath commissioner signs and stamps).

Common Types of Affidavits in India

• Affidavit of Identity: Used for name changes, Aadhaar corrections, passport applications
• Affidavit of Address Proof: For bank KYC, school admissions, government applications
• Income Affidavit: For legal aid eligibility, court fee exemption, maintenance claims
• Affidavit of Assets and Liabilities: Mandatory in matrimonial cases (Supreme Court direction in Rajnesh v. Neha)
• Evidence by Affidavit: In civil suits, examination-in-chief of witnesses is often submitted as an affidavit
• Affidavit for Name Change: Required for changing name in gazette, passport, educational certificates

How to Make an Affidavit – Step by Step

Step 1: Draft the content. Write the facts in plain language, organized in numbered paragraphs. Each paragraph should state one fact. Mention your full name, father's/husband's name, age, and address in the opening paragraph.

Step 2: Print on the correct paper. An affidavit must be printed on plain paper (no stamp paper is required for affidavits). However, some states require an affidavit to be accompanied by stamp paper for the notary's fee.

Step 3: Verification clause. At the end of the affidavit, add: "I, [Name], do hereby solemnly affirm and declare that the contents of paragraphs 1 to [X] of this affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom."

Step 4: Swear before an authorized officer. Visit a Notary Public, Oath Commissioner, or Executive Magistrate. Carry your original photo ID. The officer will ask you to confirm that you understand the contents and that they are true. You will then sign the affidavit in the officer's presence.

Step 5: Notarization/Oath administration. The officer signs the affidavit, affixes their official seal/stamp, and records the affidavit in their register. In Kolkata, notary fees typically range from ₹50–₹200 per affidavit.

The Consequences of False Affidavits

A false affidavit is perjury under Section 191 of the Indian Penal Code (now Section 227 BNS, 2023). Punishment: imprisonment up to 7 years and fine. Courts take false affidavits extremely seriously — in recent years, the Supreme Court has initiated suo motu contempt proceedings against litigants who filed false affidavits, and several people have been sentenced to imprisonment for perjury in affidavit cases.

Need an affidavit drafted or notarized in Kolkata? Contact Advocate Panchanand Shaw at 14 Hare Street, Kolkata — 700001. Call +91 90070 00603 for hassle-free affidavit services.