Affidavit (India)
AFFIDAVIT
I, [Deponent Name], aged [Deponent Age], [Deponent Occupation], residing at [Deponent Address], do hereby solemnly affirm and declare as under:
1. That I am the deponent herein and am competent to make this affidavit. My identity proof details are: [Deponent ID Proof].
2. Purpose of Affidavit: [Affidavit Purpose].
3. That I state the following facts, which are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom:
[Affidavit Facts]
VERIFICATION
I, [Deponent Name], the above-named deponent, do hereby verify and declare that the contents of this affidavit are true and correct to the best of my knowledge and belief. No part of it is false and nothing material has been concealed therefrom.
Verified at [Affidavit Place] on [Affidavit Date].
Solemnly affirmed and signed before me on [Affidavit Date] at [Affidavit Place].
Note: This affidavit should be executed on non-judicial stamp paper of the appropriate denomination as required by the Stamp Act of the relevant state (typically ₹10–₹100). Attestation before a Notary Public appointed under the Notaries Act 1952, or an Oath Commissioner appointed by the High Court, is required for the affidavit to be legally valid.
Deponent
________________
Signature
Notary Public / Oath Commissioner
________________
Signature
What Is a Affidavit (India)?
An Affidavit in India sets out facts the deponent solemnly affirms to be true, in a form that can be relied on by a court or authority.
Affidavits in India are governed by a combination of statutes: the Bharatiya Sakshya Adhiniyam (BSA) 2023 (which governs the admissibility of evidence including sworn statements), the Oaths Act 1969 (which governs the administration of oaths and affirmations), the Code of Civil Procedure 1908 Order XIX (which governs affidavits in civil proceedings), and the relevant State Stamp Acts (which prescribe the stamp paper denomination for affidavits).
The India Affidavit (India) general-purpose affidavit template is suitable for a wide range of uses in India: submission to government departments, educational institutions, banks, employers, and courts for various purposes. For more specialised affidavits — such as affidavits of identity, address, name change, heirship, or income — dedicated templates are available that include fields specific to those purposes and incorporate the specific legal references applicable to each type.
Affidavits are one of the most commonly executed legal documents in India. They provide a relatively quick and cost-effective method of providing sworn evidence for administrative and judicial purposes without the formality of live testimony.
The legal framework governing the Affidavit (India) in India draws on several key statutes and regulatory bodies. In India, sworn affidavits and statutory declarations are governed by the Oaths Act 1969 and attested by a Notary Public under the Notaries Act 1952 or an Oath Commissioner; their evidentiary value is recognised under the Bharatiya Sakshya Adhiniyam (BSA) 2023. A false statement in an affidavit attracts prosecution for giving false evidence under the Bharatiya Nyaya Sanhita (BNS) 2023, which replaced the Indian Penal Code from 1 July 2024. Parties executing a Affidavit (India) in India should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Oaths Act, 1969 sets the foundational requirements.
When Do You Need a Affidavit (India)?
You need a general Affidavit whenever you are required to provide a sworn written statement of facts to a court, government authority, institution, or private party. The circumstances are extremely varied in India.
You need an affidavit when applying to government departments for certificates, licences, or registrations where supporting declarations are required — for example, when applying for a duplicate government document, supporting an application for a ration card, PAN card, or other identity document, or declaring certain facts to a Revenue Department.
You need an affidavit when institutions such as schools, colleges, or universities require sworn confirmation of facts — for example, confirming guardianship of a minor, confirming that a student is not enrolled elsewhere, or confirming particulars where supporting certificates are not available.
You need an affidavit in court proceedings under Order XIX of the Code of Civil Procedure 1908 — for example, as evidence in support of interlocutory applications, or to establish facts that are not disputed but need to be formally placed on record.
You need an affidavit when a specific statutory provision requires a declaration by affidavit — for example, under the Companies Act 2013 for certain filings, under the Registration Act 1908 for certain property-related declarations, or under various state laws requiring sworn statements.
Parties in India should prepare a Affidavit (India) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. In India, sworn affidavits and statutory declarations are governed by the Oaths Act 1969 and attested by a Notary Public under the Notaries Act 1952 or an Oath Commissioner; their evidentiary value is recognised under the Bharatiya Sakshya Adhiniyam (BSA) 2023. A false statement in an affidavit attracts prosecution for giving false evidence under the Bharatiya Nyaya Sanhita (BNS) 2023, which replaced the Indian Penal Code from 1 July 2024. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Affidavit (India)
A valid India Affidavit should contain the following key elements.
Heading: The authority, court, or purpose for which the affidavit is made — e.g. 'Before the Notary Public, [City]' or 'In the matter of…'.
Deponent details: Full name, age, son/daughter/wife of (father's or husband's name), occupation, and complete residential address.
Oath/Affirmation: A statement that the deponent 'solemnly affirms' (for affirmations) or 'makes oath and states' (for sworn oaths) that the contents are true.
Numbered paragraphs: Each fact is stated in a separate numbered paragraph, confined to facts within the deponent's personal knowledge or clearly attributed to information and belief.
Verification clause: 'Verified at [place] on [date] that the contents of paragraphs [X to Y] are true to my personal knowledge and paragraphs [A to B] are true to the best of my information and belief.'
Deponent signature: Signed by the deponent in the presence of the attesting authority.
Notary/Oath Commissioner attestation: Countersignature, seal, name, and registration number of the attesting Notary Public or Oath Commissioner.
Stamp paper: Executed on non-judicial stamp paper of the denomination required by the relevant State Stamp Act (typically ₹10–₹100).
Additional compliance elements for a Affidavit (India) used in India include: In India, sworn affidavits and statutory declarations are governed by the Oaths Act 1969 and attested by a Notary Public under the Notaries Act 1952 or an Oath Commissioner; their evidentiary value is recognised under the Bharatiya Sakshya Adhiniyam (BSA) 2023. A false statement in an affidavit attracts prosecution for giving false evidence under the Bharatiya Nyaya Sanhita (BNS) 2023, which replaced the Indian Penal Code from 1 July 2024. Forms-legal.com provides this template as a starting point for India-compliant documentation.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Affidavit (India) (India) [Legal document template]. Forms Legal. https://forms-legal.com/india/personal/legal-declarations/affidavit-india
"Affidavit (India) (India)." Forms Legal, 2026, https://forms-legal.com/india/personal/legal-declarations/affidavit-india.
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title = {Affidavit (India) (India)},
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howpublished = {\url{https://forms-legal.com/india/personal/legal-declarations/affidavit-india}},
note = {Free legal document template. Based on Oaths Act, 1969}
}Also available for these jurisdictions:
Frequently Asked Questions
An affidavit is a written statement of facts made voluntarily by a person (the 'deponent') who swears or affirms that the contents are true and correct to the best of their knowledge and belief. The word 'affidavit' is derived from medieval Latin meaning 'he has made an oath'. In India, affidavits derive their legal force primarily from the Bharatiya Sakshya Adhiniyam (BSA) 2023, the Oaths Act 1969, the Code of Civil Procedure 1908 (Order XIX), and various state rules governing court practice. Under Order XIX of the Code of Civil Procedure 1908, affidavits may be used in judicial proceedings to establish facts. Section 139 of the CPC allows affidavits to be administered by any Court, Judge, or Magistrate, and also by Notaries Public and Commissioners of Oaths. The Oaths Act 1969 empowers certain officials to administer oaths and affirmations — these include judges, magistrates, notaries, and oath commissioners appointed by High Courts. For a deponent who believes in God or a particular religion, the statement is sworn as an oath. For a deponent who does not wish to take a religious oath, an affirmation — which has the same legal effect — is substituted. A person who makes a false affidavit commits the offence of perjury under Section 191 of the Indian Penal Code (now the Bharatiya Nyaya Sanhita 2023) and is liable to imprisonment up to seven years and a fine.
In India, an affidavit must be attested before a person authorised by law to administer oaths. The principal authorities who may attest affidavits are: (1) Notary Public — a Notary appointed under the Notaries Act 1952. A Notarial attestation carries broad acceptance across India and internationally. (2) Oath Commissioner — a person appointed by a High Court to administer oaths for affidavits. Oath Commissioners are typically practicing advocates. (3) First Class Judicial Magistrates and Metropolitan Magistrates — who may administer oaths for affidavits under Section 139 of the CPC. (4) SDMs and Executive Magistrates — in administrative matters, Executive Magistrates of specified grades are authorised in many states. For general affidavits intended for submission to government departments, courts, or institutions, attestation before a Notary Public is the most universally accepted and convenient method. The Notary charges a nominal fee (typically ₹50–₹200) for attestation. Stamp duty on affidavits varies by state. Under Schedule I-A of the Indian Stamp Act 1899 (as amended by state governments), affidavits are generally executed on non-judicial stamp paper of a nominal value — typically ₹10 to ₹100 depending on the state. For example, in Maharashtra and Delhi, affidavits are commonly executed on ₹100 stamp paper. In Karnataka, ₹20 stamp paper is used for routine affidavits. The state's Stamp Act or Schedule should be consulted for the applicable denomination.
For an affidavit to be legally valid and acceptable in India, it should contain the following essential elements as required under Order XIX of the Code of Civil Procedure 1908 and the Oaths Act 1969. First, the title and court/authority reference: The affidavit should be headed with the name of the court, authority, or purpose for which it is being made, though for general-purpose affidavits not connected to specific litigation, a general heading is sufficient. Second, deponent identification: The full name, age, occupation, and address of the deponent must be stated. This enables the court or authority to identify the deponent precisely. The deponent's father's/husband's name is also typically included in Indian practice. Third, the verification clause: The affidavit must clearly state that the deponent is making a solemn affirmation or oath that the contents are true and correct to the best of their knowledge, information, and belief, and that nothing material has been concealed. Fourth, the substantive facts: The body of the affidavit states the facts the deponent is deposing to. Under Order XIX Rule 3 CPC, affidavits shall be confined to such facts as the deponent is able of their own knowledge to prove, except on interlocutory applications where statements of belief with grounds may be permitted. Each paragraph should be numbered. Fifth, the place and date: The place of execution and date must be specified, as they may be relevant to jurisdiction and timing questions.
A Affidavit (India) does not legally require a lawyer in India, and individuals and businesses may draft and execute the document independently. The Oaths Act, 1969 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified India lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The civil and criminal courts of competent jurisdiction in India deal with disputes or offences arising in connection with this type of document. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
A Affidavit (India) does not legally require a lawyer in India, though legal advice is recommended. Under Indian law, the Indian Contract Act 1872 governs agreements. The Information Technology Act 2000 governs electronic contracts and data protection. The Consumer Protection Act 2019 provides consumer rights. The Income Tax Act 1961 requires tax compliance. Forms-legal.com provides this template as a starting point — always review with a qualified Indian advocate for significant transactions. Under India law, the Oaths Act, 1969 applies, and parties should seek independent legal advice from a qualified lawyer to confirm compliance with all applicable requirements. Forms-legal.com provides this template as a starting point for India-compliant documentation.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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