Affidavit is dealt in Order 19 of Civil Procedure Code, 1908. We often come across a situation where the government department and various other authorities ask for an affidavit declaring a certain statement such as date of birth, marriage, change of place etc.

MEANING 

An affidavit is a sworn statement of facts by a person who know that such facts and circumstances have taken place. The person who make such statement and signs over it, is known as a deponent. It is a confirmation that the contents of the affidavit are true and correct to his knowledge and he have concealed no material therefrom. It is duly attested or affirmed by the notary or oath commissioner. Such notary or oath commissioner are appointed by the court of law. 

It is the duty of the commissioner that the signature of the deponent are not forced. Hence, the deponent himself should be present during the attestation of the affidavit. The affidavit must be paragraphed and numbered.

The affidavit must contain facts and circumstances known to a person and must not set out the opinions and beliefs of the deponents. Further, one should avoid referring facts that are based on information received from others, i.e., also known as hearsay evidence.

ESSENTIAL ATTRIBUTES OF AN AFFIDAVIT

  • Affidavit should be a declaration made by a person.
  • It must be related to the facts. 
  • It must be in the first person.
  • It must be in written form.
  • It must be a sworn statements sign before a magistrate magistrate or any authorized officer.

CONTENTS OF AFFIDAVIT

An affidavit should be confined to such facts as the deponent is able to prove to his personal knowledge except on interlocutory application on which the statements of his believes maybe admitted.

Important Points of Affidavit 

  • A court may order that any fact may be proved by affidavit ordinarily a fact maybe proved by oral evidence. 
  • Affidavit is not defined under Section 3 of Evidence Act. It can be used as an evidence only. For sufficient reason, the court invokes the provisions of order 19 of the code.
  • Rule 1 is an exception to this rule and empowers the court to make an order that any particular fact may be proved by affidavit, subject to the right of the opposite party to have the deponent procedure for cross – examination. Unless affidavit are properly verified, they will be rejected by the court. But instead of rejecting an affidavit the court may give an opportunity to a party to file a proper affidavit. Affidavit can be treated as evidence within the meaning of Section 3 of Evidence Act. 
  • But in case of Khandesh Spinning and Weaving Mill Company Ltd. Vs. Rashriya Girni Kamgar Sangh AIR 571, 1960 it was held that an affidavit can be used as an evidence only if the court so orders for sufficient reasons namely, the right of the opposite party to have the deponent produced for cross – examination. 
  • Therefore, affidavit can be used as an evidence in absence of the specific order of the court. The law pertaining to affidavit is covered under Section 139, Order 19 of CPC along with order 11 of Supreme Court rules.

About the Author: This Law Notes is prepared by Ms. Shiwangi Singh, law student at The Neotia University and is a Campus Ambassador at MyLawman. She can be reached at shiwangialex143@gmail.com. 

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