General Affidavit (Pakistan)

A General Affidavit in Pakistan records a sworn statement of fact made by the deponent, affirmed before an authorised officer for use as evidence.

The Qanun-e-Shahadat Order 1984 (President's Order No. 10 of 1984) is the primary statute governing the admissibility and weight of evidence in Pakistani courts, including affidavit evidence. Article 3 of the Qanun-e-Shahadat Order 1984 provides that all persons are competent to testify unless the court considers that they are prevented from understanding the questions put to them or from giving rational answers by reason of tender years, extreme old age, disease, or any other cause. Article 164 of the Qanun-e-Shahadat Order 1984 governs the use of affidavits in civil proceedings, providing that the court may at any time order that particular facts may be proved by affidavit.

The General Affidavit in Pakistan must be executed on non-judicial stamp paper of the appropriate denomination prescribed under the Stamp Act 1899, as administered by the relevant provincial Board of Revenue. The applicable stamp duty for an affidavit is typically PKR 50 to PKR 100 (flat) depending on the province — Punjab, Sindh, Khyber Pakhtunkhwa, or Balochistan each issue their own stamp paper through authorised stamp vendors. Unstamped affidavits are inadmissible as evidence in Pakistani courts under Section 35 of the Stamp Act 1899 and may be impounded by the court.

The deponent's identity must be verified by reference to their Computerised National Identity Card (CNIC) issued by the National Database and Registration Authority (NADRA). NADRA's CNIC is the primary identity document in Pakistan and its 13-digit number must be stated in the affidavit to confirm the deponent's legal identity. Where the deponent is an overseas Pakistani, the National Identity Card for Overseas Pakistanis (NICOP) issued by NADRA serves the same purpose.

False statements in an affidavit constitute the offence of perjury under Section 193 of the Pakistan Penal Code 1860 (PPC), which carries imprisonment of up to seven years and a fine. Section 194 PPC imposes the same punishment for giving or fabricating false evidence with intent to cause conviction of a capital offence. The Federal Investigation Agency (FIA) and provincial police have jurisdiction to investigate and prosecute perjury offences arising from false affidavits filed in court or administrative proceedings.

The General Affidavit (Pakistan) is distinct from a statutory declaration (used in certain regulatory filings with the Securities and Exchange Commission of Pakistan (SECP) under the Companies Act 2017), from a court affidavit filed as evidence in pending litigation, and from a consular affidavit executed before a Pakistani diplomatic mission abroad. The General Affidavit is the most flexible form — it can be used for personal declarations, administrative purposes, correcting records, and confirming facts in non-litigious contexts before government departments, banks, and educational institutions across Pakistan.

A General Affidavit in Pakistan is required across a wide range of personal, administrative, and regulatory situations where a sworn statement of facts carries more legal weight than an unsworn declaration.

A General Affidavit is needed when a Pakistani citizen needs to correct a discrepancy in NADRA records — for example, a mismatch between the name, date of birth, or father's name on the CNIC and the name recorded in school certificates, matriculation rolls maintained by the Board of Intermediate and Secondary Education (BISE), or birth records held by Union Councils. NADRA's correction process requires an affidavit from the applicant and two witnesses confirming the correct particulars before NADRA will amend the computerised record.

A General Affidavit is required when a person applies for a succession certificate from a District Court or a Civil Court under the Succession Act 1925. The applicant must file an affidavit confirming the facts of the deceased's death, the relationship of the applicant to the deceased, and the list of legal heirs — particularly relevant for Muslim families where inheritance is governed by the West Pakistan Muslim Personal Law (Shariat) Application Act 1962 and the Hanafi rules of succession.

A General Affidavit is needed when an employer or institution requires proof of a fact that cannot be established by documentary evidence alone — such as confirming that the deponent has never been convicted of a criminal offence (a clearance affidavit), that the deponent is the sole surviving heir of a deceased person, or that the deponent is not employed elsewhere (a declaration of non-employment for government service applications).

A General Affidavit is required when a Pakistani citizen applies for a passport through the National Database and Registration Authority (NADRA) or the Directorate General of Immigration and Passports, and a supporting declaration is needed — for example, to explain a lost previous passport or to confirm the identity of a minor applicant where the parent's details require verification.

A General Affidavit is needed when a property transaction requires supporting declarations — such as confirming that the seller has no encumbrances on the property beyond those disclosed, that the seller is the sole owner without co-owners who must consent, or that the property is not subject to any wakf (charitable endowment) under the Waqf Properties Ordinance 1979 administered by provincial Auqaf Departments.

A General Affidavit is required for submission to Pakistani banks and financial institutions regulated by the State Bank of Pakistan (SBP) in connection with account opening, loan applications, or Know Your Customer (KYC) requirements under the Anti-Money Laundering Act 2010 and the SBP's AML/CFT regulations — where documentary evidence must be supplemented by a sworn declaration of the source of funds or the relationship between parties.

A valid General Affidavit in Pakistan under the Qanun-e-Shahadat Order 1984 and the Oaths Act 1873 must contain the following essential elements to be admissible before courts, government authorities, and administrative bodies.

Stamp Paper: The affidavit must be drafted on non-judicial stamp paper of the correct denomination purchased from a licensed stamp vendor. The Stamp Act 1899, as administered by the provincial Board of Revenue, requires affidavits to bear stamp duty of PKR 50 to PKR 100 depending on the province. The stamp paper must display the serial number and date of issue. Under Section 35 of the Stamp Act 1899, an instrument not duly stamped is inadmissible in evidence and may be impounded by any officer before whom it is produced.

Title and Jurisdiction: The affidavit must be headed with the title "AFFIDAVIT" and identify the city in which it is sworn — Karachi, Lahore, Islamabad, Rawalpindi, Peshawar, Quetta, or other district — as this establishes which court or authority has jurisdiction over any perjury proceedings under Section 193 of the Pakistan Penal Code 1860 (PPC).

Deponent Particulars: Full legal name of the deponent exactly as it appears on their CNIC, the father's name (used in Pakistani legal documents as a second identifier), age, NADRA CNIC number (13-digit format: XXXXX-XXXXXXX-X), and residential address. Where the deponent is an overseas Pakistani, the NICOP number replaces the CNIC number.

Statement of Facts: The substantive paragraphs of the affidavit must state each fact clearly, concisely, and in numbered paragraphs. Each paragraph should contain one primary assertion of fact. Where a fact is based on information received from another person rather than direct personal knowledge, this must be stated — under Article 17 of the Qanun-e-Shahadat Order 1984, evidence of a fact must distinguish between direct knowledge and belief based on information.

Verification Clause: The final clause must state: "I, [name], the deponent, do hereby solemnly affirm/swear that the contents of this affidavit are true and correct to the best of my knowledge and belief, and nothing has been concealed." This clause tracks the standard prescribed under the Code of Civil Procedure 1908 and the Qanun-e-Shahadat Order 1984. The oath is administered in accordance with the deponent's religion — Muslims swear on the Quran; members of other faiths may affirm or swear on their respective holy book under the Oaths Act 1873.

Perjury Warning: A properly drafted General Affidavit should include a statement that the deponent is aware that making a false declaration in this affidavit constitutes the offence of perjury under Section 193 of the Pakistan Penal Code 1860, punishable by imprisonment of up to seven years and a fine. This warning satisfies courts and administrative bodies that the deponent appreciated the legal significance of the sworn statement.

Attestation by Oath Commissioner or Magistrate: The affidavit must be signed by the deponent in the presence of an Oath Commissioner appointed under the Oaths Act 1873, a First Class Judicial Magistrate, or a Notary Public under the Notaries Ordinance 1961. The attesting official must sign, stamp, and date the attestation block, confirming that the affidavit was sworn or affirmed in their presence after the deponent produced their original CNIC for identity verification. Attestation by an unqualified person — such as a local councillor or an advocate not holding a commission — renders the affidavit invalid.

Witness Details (where required): Some government departments and courts require the affidavit to be witnessed by one or two adult Muslim males (or the equivalent number of female witnesses under Article 17 of the Qanun-e-Shahadat Order 1984) in addition to the Oath Commissioner's attestation. The witness section must state the witnesses' full names, CNIC numbers, and addresses.

Forms-legal.com provides this General Affidavit (Pakistan) template as a practical starting point for common declaratory purposes. The template reflects the requirements of the Qanun-e-Shahadat Order 1984, the Stamp Act 1899, the Oaths Act 1873, and Section 193 of the Pakistan Penal Code 1860. Deponents should obtain legal advice from a qualified Advocate enrolled at a provincial Bar Council — Lahore Bar, Sindh Bar, Peshawar Bar, Quetta Bar, or Islamabad Bar — for affidavits intended for use in court proceedings or complex property and succession matters.