Affidavit of Loss of Document (India)
AFFIDAVIT OF LOSS OF DOCUMENT
Indian Evidence Act 1872 | Oaths Act 1969
For: [Submission Purpose]
I, [Deponent Name], aged [Deponent Age] years, Son/Daughter/Wife of [Deponent Parent/Spouse], Occupation: [Deponent Occupation], residing at [Deponent Address], do hereby solemnly affirm and state as follows:
STATEMENT OF FACTS
1. That I was in possession of the following document: [Document Type], bearing No. [Document Number], issued by [Issuing Authority].
2. That the said document was lost/misplaced on or around [Date Of Loss] in the following circumstances: [Circumstances Of Loss].
3. That I have taken the following steps to locate the document: [Search Efforts]. Despite these efforts, the document has not been found.
4. That the said document is not in my possession and I have not wilfully withheld, transferred, or pledged it to any person.
5. Police complaint/FIR details: [Police Complaint Details].
6. That if the original document is recovered in future, I will immediately surrender it to the issuing authority and will not use both the original and any duplicate simultaneously.
7. That I undertake to indemnify and keep harmless the issuing authority against all losses, claims, and damages that may arise from the issuance of a duplicate document on the basis of this affidavit.
VERIFICATION
I, [Deponent Name], do hereby verify that the contents of paragraphs 1 to 7 above are true and correct to the best of my personal knowledge and belief.
Verified at [Execution City] on [Execution Date].
DEPONENT
Solemnly affirmed before me at [Execution City] on [Execution Date].
NOTARY PUBLIC / OATH COMMISSIONER
Name: _______________________________ Registration No.: _______________________________
Seal:
Deponent
________________
Signature
What Is a Affidavit of Loss of Document (India)?
An Affidavit of Loss of Document in India records a sworn statement of fact made by the deponent, affirmed before an authorised officer for use as evidence.
The India Affidavit of Loss of Document (India) affidavit is required by virtually all government authorities and institutions before issuing a duplicate of an important document. It provides formal sworn evidence that the original is genuinely lost rather than withheld, protecting the issuing authority from the risk of having both an original and a duplicate in circulation simultaneously. It also protects the deponent by creating a formal record that the document was reported lost on a specific date, which is relevant if the document is subsequently misused by someone who found it.
The affidavit should ideally be accompanied by a police complaint or FIR for documents with significant misuse potential (passports, property deeds, vehicle documents, cheque books). For lower-risk documents (educational certificates, PAN card), the affidavit alone is often accepted.
The affidavit must be executed on non-judicial stamp paper of the applicable state denomination (typically ₹100) and attested by a Notary Public. A false affidavit of loss — for example, claiming a document is lost when it is deliberately withheld — constitutes perjury under Indian law.
The legal framework governing the Affidavit of Loss of Document (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 of Loss of Document (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 of Loss of Document (India)?
You need an Affidavit of Loss of Document in India whenever you have lost an important document and need to apply for a duplicate from the issuing authority.
You need this affidavit when applying for a duplicate PAN card from the Income Tax Department or NSDL/UTI after losing your original PAN card.
You need this affidavit when applying for a fresh passport after losing your existing passport, in addition to filing a police complaint at the local police station.
You need this affidavit when applying for a duplicate vehicle registration certificate (RC book) or driving licence from the RTO, along with a police complaint.
You need this affidavit when applying for duplicate educational certificates — marksheets, degree certificates, migration certificates — from a school board, university, or examination authority.
You need this affidavit when reporting the loss of property title deeds to the Sub-Registrar and to protect against fraudulent use of the original document.
You need this affidavit when applying for duplicate insurance policy documents or bank documents where the issuing institution requires formal sworn evidence of the loss.
Parties in India should prepare a Affidavit of Loss of Document (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 of Loss of Document (India)
A valid Affidavit of Loss of Document (India) should contain the following key elements.
Deponent identification: Full name, age, father's/husband's name, occupation, and complete residential address.
Document description: A precise description of the lost document — type of document, document number (e.g. PAN number, passport number, RC number), issuing authority, date of issue, and any other identifying details.
Circumstances of loss: The date, place, and circumstances in which the document was lost, misplaced, or destroyed — e.g. lost during travel, misplaced during shifting residence, destroyed in a fire.
Search efforts: A statement of the steps taken to locate the document — e.g. thorough search of residence and office, inquiries with transport companies, police complaint.
Police complaint reference: If a police complaint or FIR has been filed, the police station name, complaint/FIR number, and date of complaint.
Non-possession declaration: A sworn statement that the document is not in the deponent's possession and that they are not withholding it.
Indemnity undertaking: An undertaking to return the original if recovered and to indemnify the issuing authority against any loss arising from the issuance of a duplicate.
Verification clause and Notary attestation with seal and registration number.
Stamp paper: Non-judicial stamp paper of the applicable state denomination.
Additional compliance elements for a Affidavit of Loss of Document (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.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Affidavit of Loss of Document (India) (India) [Legal document template]. Forms Legal. https://forms-legal.com/india/personal/legal-declarations/affidavit-of-loss-of-document-india
"Affidavit of Loss of Document (India) (India)." Forms Legal, 2026, https://forms-legal.com/india/personal/legal-declarations/affidavit-of-loss-of-document-india.
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title = {Affidavit of Loss of Document (India) (India)},
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howpublished = {\url{https://forms-legal.com/india/personal/legal-declarations/affidavit-of-loss-of-document-india}},
note = {Free legal document template. Based on Oaths Act, 1969}
}Frequently Asked Questions
An affidavit of loss is required in India whenever a person needs to report the loss or destruction of an important document and apply for a duplicate or replacement. The affidavit provides a sworn declaration confirming the loss — its date, circumstances, and the steps taken by the deponent to recover the document — and establishes that the document is not in the deponent's possession and cannot be located. This formal declaration protects both the deponent and the issuing authority: it protects the issuing authority from issuing a duplicate to an unauthorised person, and it protects the deponent from liability if the original document is misused by someone who finds it. Common situations requiring an affidavit of loss in India include: (1) PAN card loss — the Income Tax Department requires an affidavit of loss when applying for a duplicate PAN card if the original cannot be produced for surrender. (2) Passport loss — while a police complaint (FIR) is mandatory for lost passports, an affidavit of loss is also required as supporting documentation for the fresh passport application. The Passport Seva Programme requires a written declaration of loss. (3) Vehicle registration certificate (RC book) and driving licence loss — the Regional Transport Office (RTO) requires an affidavit and police complaint for duplicate RC or driving licence. (4) Educational certificate loss — boards (CBSE, ICSE, state boards) and universities require affidavits of loss to issue duplicate marksheets, degree certificates, or migration certificates.
Whether a police FIR (First Information Report) is required in addition to an affidavit of loss depends on the nature of the lost document and the requirements of the issuing authority. For high-value identity and official documents, a police FIR is strongly recommended and often required: (a) Passport — the Ministry of External Affairs' Passport Seva Programme requires a police complaint (not necessarily a full FIR) for lost passports. A complaint should be filed at the local police station and an acknowledgement obtained. (b) Vehicle documents (RC book, driving licence) — RTOs in most states require a police complaint before issuing duplicates, as these documents can be misused for fraudulent vehicle transactions. (c) Property title deeds — a police complaint protects the owner in case someone fraudulently attempts to use the lost original for a property transaction. It is also evidence supporting a subsequent application for an injunction if needed. (d) Cheque books and financial instruments — a police complaint and notification to the bank are both essential to minimise liability if the cheque book is misused. For documents of lower misuse risk — such as educational certificates, PAN card (where the number is known), or insurance policy documents — many issuing authorities accept an affidavit of loss without requiring a police FIR, though filing a police complaint is always a prudent precaution.
Losing an important document in India requires prompt action to prevent misuse and to facilitate the issuance of duplicates. The following steps should be taken systematically. First, file a police complaint: Go to the nearest police station and report the loss. For documents like passports, driving licences, and property deeds, file a written complaint. The police will either register an FIR or a Non-Cognisable Report (NCR) and provide an acknowledgement. Retain this acknowledgement safely. Second, report to the issuing authority: Notify the authority that issued the document — for PAN, notify the Income Tax Department or NSDL/UTI; for passport, notify the Regional Passport Office; for bank documents, notify the bank immediately to stop payment on lost cheques; for credit/debit cards, call the bank's 24-hour helpline immediately. Third, execute an affidavit of loss: Prepare and execute a notarised affidavit of loss before a Notary Public, describing the document, the circumstances of the loss, and the steps taken to recover it. This affidavit is required by most authorities for issuing duplicate documents. Fourth, publish a newspaper notice (for property documents): If a title deed or other property document is lost, publishing a notice in a local newspaper (and ideally a prominent English newspaper) is strongly recommended. This puts the public on notice and provides evidence of the loss, reducing the risk that a finder can fraudulently deal with the property. Some lawyers advise also notifying the Sub-Registrar of Deeds in the area.
A Affidavit of Loss of Document (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 of Loss of Document (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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