Affidavit is one of the common word in the stream of law which does not have a proper definition even . Affidavit is voluntarily made written statement of an individual which is sworn to be true. It is an oath that the individual is saying the truth rather it is an affirmation administered by a person who is authorized to do so by law. Witness statements are also used along to prove the truthfulness of the statement in the court. The presence of notary public or commissioner of oaths can be considered as an way to justify the authenticity of the affidavit. The one making the affidavit or writing it can be referred to as deponent or affiant.

Components of an affidavit:

• The starting- The commencement of the affidavit is to be identified as "affiant of truth" where it generally states that everything is true under penalty of fine, jury and perjury.
• Jurat - It is also known as attestation clause where at the end it certifies that the oath is taken and the date is also mentioned.
• Signature- The signature if the author and the witness or witnesses should be there to inculcate the main significance

Affiant or Deponent of the Affidavit:

Any individual can offer an affidavit as long as they have a healthy mental capability to understand the seriousness of the oath taken. Though the content of the affidavit determines the personal knowledge of the individual making the statement. 

It is also a fact that the individual cannot be penalised for failing to include knowledge which they are not aware of or the knowledge which they lack.

Usage of Affidavit:

There are various ways/ places to use the Affidavit, namely:

Divorce Proceedings: where both the spouses agreed to dissolve, Property Dispute: where someone can inherit and purchase certain properties, Debt cases: it includes the debts and the fact that debts are still outstanding, Financial affidavit, Death affidavit, Name change affidavit, Service, Small estates, Residence, Identity theft , Support affidafit and many more.

Genuiness of the Affidavit:

The affidavit should contain facts that are correct and accurate. It should be checked thoroughly before the affidavit is signed as the document holds the significance of an oath which is legally binding.

Intentionally writing wrong and false affidavit is considered to have committed contempt to court.

Execution :

In most of the cases the documents must be signed in the mere presence of the solicitor or another person commissioned to achieve oaths. Here the whole purpose is to determine the validity of the signature and to see that there is no fraud. 

It is often mentioned that the presence of the solicitor may entitle to charge fees for swearing the affidavit but if the whole process is done in the court then no fees is to be charged.

Affidafit in India:

• Affidavit is not treated as evidence within the meaning of Section 3 of Evidence Act.
• Supreme Court mentioned that the affidavit can be used as evidence only if the court orders sufficient reasons or special orders from court.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, White Code Legal and Tax shall not be responsible for any errors caused due to human error or otherwise.