Affidavit in India: Meaning, Format and How to Make One (2026)
What an affidavit is, the parts every affidavit needs, where it is used, how to make one with stamp paper and a notary, and what happens if it is false. Last verified October 2026.
Legal Glossary · Court Documents
An affidavit is a written statement of facts that the person making it (the deponent) swears or affirms to be true before a notary or an authorised officer. It is used as evidence in courts and official processes, and a false affidavit is punishable as perjury. This guide explains what an affidavit is, what every affidavit must contain, where it is used, how to make one, and why you must never put a false fact in it.
- What it is: a written statement of facts, sworn or affirmed before a notary or authorised officer.
- Key parts: title, deponent details, numbered paragraphs, verification and attestation.
- Common uses: court filings, name change, address proof and other official needs.
- If false: punishable as giving false evidence (IPC 191/193, now BNS 227/229), up to seven years in a judicial proceeding.
01What an affidavit is
An affidavit is a sworn written statement of facts. The person who makes it is called the deponent. The deponent states the facts in writing, signs it, and swears or affirms before a notary or another authorised officer that the facts are true.
Why it carries weight
An ordinary letter is just a claim. An affidavit is a claim made on oath. That oath is what gives it legal value. Courts, government offices and banks accept it as proof of a fact, and the deponent can be punished if the fact turns out to be false.
Swear or affirm
A deponent can take an oath or make a solemn affirmation. Both have the same legal effect. The law on oaths and affirmations in India is in the Oaths Act, 1969.
Affidavit versus a plain declaration
A simple declaration or undertaking on plain paper is not sworn. An affidavit is sworn and attested. That is why many offices insist on an affidavit and not just a signed letter.
An affidavit is a statement of facts made on oath. The oath is what turns a claim into evidence, and it is also what makes a false statement a crime.
02The essential parts of an affidavit
Every affidavit follows the same basic shape. Five parts matter most.
- Title: It names the matter. In court, this is the case title, court name and case number. For other uses it can be a short heading such as "Affidavit for change of name".
- Deponent details: Full name, age, parent or spouse name, occupation and address of the person making the statement. The opening line reads like "I, [name], aged [age], residing at [address], do hereby solemnly affirm and state as follows".
- Numbered paragraphs: Each fact goes in its own numbered paragraph. Keep each paragraph short and limited to one point. This makes it easy to read, to rely on, and to answer.
- Verification: A closing paragraph where the deponent says which facts are true to personal knowledge, and which are true on information and belief, and that nothing material has been hidden. It also states the place and date.
- Attestation: The deponent signs. The notary or authorised officer then confirms the identity of the deponent, notes that the statement was sworn or affirmed before them, and adds their signature, seal and date.
Personal knowledge versus belief
In court affidavits, it matters whether a fact is within your own knowledge or is only what you believe from information. Courts expect this to be stated clearly. Mixing the two is a common reason an affidavit gets challenged.
03Common uses of an affidavit
Affidavits are used wherever a fact has to be put on record and backed by an oath.
In court
Affidavits are filed with petitions, applications and replies. A party may file an affidavit in support of a plea, or an affidavit of evidence in place of oral examination in chief. A request for urgent relief is usually backed by an affidavit as well. If you are working on an application such as a plea for temporary relief, see our guide on the meaning of an interim order. For the document that starts many civil suits, see what a plaint is, which is verified and often filed with a supporting affidavit.
Name change and similar declarations
A person who changes a name, date of birth entry or similar detail usually swears an affidavit stating the old and new details and the reason. It is then used with a newspaper notice or gazette process, depending on the case.
Address proof and other official use
Banks, schools, passport offices, employers and government departments often ask for an affidavit as address proof, proof of relationship, loss of a document, or a no-objection statement. Each office sets its own format and rules, so check what it needs before you draw one up.
Criminal matters
Affidavits also appear in criminal matters, for example with bail applications, applications for protection, and complaints. Lawyers who run many such matters often keep standard affidavit formats ready. A tool built for criminal practice can help, and our guide to case management software for criminal lawyers in India covers that.
04How to make an affidavit
Making an affidavit is simple if you follow the steps in order.
- Decide the purpose. Know who will receive it, a court, a bank or an office, and what they require.
- Draft the facts. Write only facts you know to be true. Use numbered paragraphs, short sentences and plain words.
- Use the right stamp paper. Many affidavits are printed on non-judicial stamp paper. The value depends on the state and the type of affidavit. Some affidavits filed in court need court fee stamps or no stamp at all, so check the rules.
- Sign before the notary or authorised officer. Do not sign in advance. You sign in front of the notary, who checks your identity, usually with a photo ID.
- Get it attested. The notary or authorised officer signs, stamps and records the affidavit. Notaries in India are appointed under the Notaries Act, 1952. In court matters, an Oath Commissioner or a similar authorised officer may attest it.
- Keep copies. Keep a scanned copy and the original in a safe place.
Does an affidavit need a notary?
Most affidavits need to be sworn or affirmed before a notary or another authorised officer, such as an Oath Commissioner or a magistrate. Without that attestation, it is only a signed statement. Some offices now accept e-stamping and e-notarisation, but practice varies by state and office, so check first.
05A simple affidavit format
The exact wording changes with the purpose, but this simple layout works for most general affidavits.
- Heading: AFFIDAVIT (with the purpose, or the court and case number for court use).
- Opening: I, [full name], son/daughter/wife of [name], aged [age] years, resident of [address], do hereby solemnly affirm and state as follows.
- Paragraph 1: That I am [the petitioner/applicant/a resident of the above address].
- Paragraph 2 onward: That [one fact per paragraph].
- Verification: I, the deponent above named, verify that the contents of paragraphs 1 to [n] are true to my knowledge, and nothing material has been concealed. Verified at [place] on this [date].
- Signature: DEPONENT.
- Attestation: Sworn or affirmed before me on [date]. Notary or authorised officer, with seal.
This is a general pattern for learning. For court filings, follow the rules of that court and have an advocate check the draft.
06What happens if an affidavit is false
A false affidavit is an offence. The deponent has sworn that the facts are true, so a false statement is treated as giving false evidence, commonly called perjury.
The law
Under the old Indian Penal Code, giving false evidence was defined in section 191 and punished under section 193. After the Bharatiya Nyaya Sanhita, 2023 came into force, the matching provisions are section 227 (giving false evidence) and section 229 (punishment for false evidence).
The punishment
If the false evidence is given in a judicial proceeding, the punishment can be imprisonment of up to seven years and a fine. For false evidence outside a judicial proceeding, the term is shorter, up to three years, with a fine.
Other consequences
- The court can reject your case or application, or give little weight to your evidence.
- The court can order action against the deponent for the false statement.
- Your credibility in later matters can suffer.
The safe rule is simple. State only what you know to be true. If you are not sure of a fact, say it is on information and belief, or leave it out.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Affidavits are filed inside real cases, so the work around them is tracking hearings, noting what each affidavit says, and finding case law to support the facts and the relief. Claw helps with the case side of that work, such as keeping matters, dates and cause lists in one place. It is not a notary service and it does not replace an advocate’s review of an affidavit before filing.
08Sources and further reading
Check the current text of the law before relying on it:
- India Code (official Acts, including the Bharatiya Nyaya Sanhita, 2023 and the Oaths Act, 1969): indiacode.nic.in
- Supreme Court of India (official judgments and rules): sci.gov.in
- Claw: clawlaw.in
This page is general information, last verified October 2026, and is not legal advice. Stamp duty, notary rules and court formats differ by state and court.
09Frequently asked questions
What is an affidavit?
An affidavit is a written statement of facts that the person making it, the deponent, swears or affirms to be true before a notary or an authorised officer. It is used as evidence in courts and official processes. A false affidavit is punishable as perjury.
What is the format of an affidavit?
An affidavit has a title, the deponent details, numbered paragraphs that each state one fact, a verification paragraph, and an attestation by a notary or authorised officer. Court affidavits also carry the court name and case number. Use the format the receiving court or office asks for.
Does an affidavit need a notary?
Yes, in most cases it must be sworn or affirmed before a notary or another authorised officer such as an Oath Commissioner. Without that attestation it is only a signed statement. Rules differ by court and office, so check what the receiver accepts.
Is a false affidavit an offence?
Yes. Giving false evidence in an affidavit is an offence. It was covered by sections 191 and 193 of the IPC and is now covered by sections 227 and 229 of the BNS. In a judicial proceeding, the punishment can extend to seven years of imprisonment and a fine.
How do I make an affidavit?
Draft the facts in numbered paragraphs, print them on the correct stamp paper if needed, sign in front of a notary or authorised officer, and get it attested. Keep a copy. Stamp value and rules depend on the state and the purpose.
Do I need stamp paper for an affidavit?
Often yes, but it depends on the state and the use. Many general affidavits use non-judicial stamp paper of a set value. Some court affidavits follow court fee rules instead. Check the rules of your state and the office or court first.