Affidavit and It's Importance in the eye of law

                                                                   Affidavits

                                                                                                                     

  What is an affidavit :- An  affidavit  is a written statement  that contains important facts , And the person swear  it under  an  oath(or affirm) before a registry or  Notary public, oath commissioner of the court. “To swear (promise) that the information which  are contained in the affidavit are true.

 

•     The affidavit may have letters or other important documents attached to it. These are often referred to as exhibits to the affidavit.

•     The  affidavit  is filed in  the court  registry and different government departments.

• The first  rule  about  preparing an affidavit is that you            should  tell  the  truth  in your  affidavit. 

     •    if person voluntarily files a false affidavit then he/she shall be prosecuted under                        Section 191,193,195 and 199 of IPC for filing false evidence. And can be punished

          by imprisonment for a term ranging  from 3 to 7 years.   

                                                                     

R. 1ffidavit of Citizenship

 How to prepare it :-

1.       Get a general idea or think what are going to put in your affidavit.

2.       Review the structure of your affidavit.

3.      find out how to fill in the technical part.

4.     know how to fill the main part.

5.       Resources

o    Where to get legal advice

o    Questions to ask the lawyer

o    Checklist

o    Sample affidavit

o    Sample of a completed affidavit

If you’re doing it yourself, get some legal advice.

If you are going to represent yourself  then try to get  some advice from the lawyer. If you are not in condition to afford the legal fees then try to find out other resources where you can get free legal advice or help. Lawyer is a expert professional who can advice you correctly what to put in your affidavit. While making affidavit always remember that you are going to put something relevant and must be fact not opinion. The statement you make in the affidavit and documents attached to the affidavit must be relevant to the matter before the court. This  is the key  to having a good affidavit. 

Review the structure of an affidavit as you go through each part of this section, look at the sample affidavit and the sample completed affidavit. if you are going to  make occur affidavit always remember that there are certain differences. In court affidavit you have to  start by mentioning court details, case file/registration number/case number, parties details etc. To get proper structure kindly go through the sample affidavit through the source.

You need to “swear” the affidavit. This means you swear under oath(to God) OR you affirm and declare that you are telling the truth in the affidavit and the contents are true as per knowledge or belief. 

The affidavit must  be signed and attested before the Notary officer appointed by the Govt of India for the further procedure in the court.

Also, there are several affidavits which is essential in day to day life. Like while registration of marriage, getting marriage certificate from the executive magistrate. Also, during the admissions in school or colleges or various educational institutes. Affidavits / self declaration are used in several ways. But it is necessary to understand that the certain organizations requires your document/ affidavit as an oath which has to be attested, verified and certified before the Notary officer Only. Because the Notary officer is the person before whom the said document / Affidavit is going to complete. 

The High court of Delhi also issued guideline to make affidavits in proper way to present in courts. There are certain rules specified by the court for making proper legal affidavit.

 Proof of fact by affidavits:-The Court may at any time for sufficient reasons, order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions as the Court thinks reasonable:

Provided that where it appears to the Court that either party bona fide desires that production of a witness for cross-examination and that such witness can be produced, an order shall not be made authorizing the evidence of such witness to be given by affidavit. the person can give his evidence by way of affidavit with by filing application before the court. Every affidavit shall be instituted in the cause, appeal or matter in which it is sworn.

Form :- M . 4Every affidavit shall be drawn up in the first person, and shall be divided into paragraphs to be numbered consecutively, and shall state the description, occupation if any and the true place of abode of the Deponent.

R. 5

 Contents of affidavit :- Affidavits shall be confined to such facts as the Deponent is able of his own knowledge to prove, except on interlocutory applications, on which statements of his belief may be admitted, provided that the grounds thereof are stated.

R. 6

Interpretation in affidavit:-  An affidavit requiring interpretation to the deponent, unless interpreted by any of the persons mentioned in Rule 7, shall be interpreted by an interpreter nominated or approved by the Court, if made within the jurisdiction of this Court, and if made elsewhere, shall be interpreted by a competent person who shall certify that he has correctly interpreted the affidavit to the Deponent.

R. 7

Before whom affidavits are to be sworn—Affidavits for the purposes of any cause appeal or matter before a Notary or any authority mentioned in Section 139 of the Code or before the Registrar of the Court, or before the Commissioner generally or specially authorized in that behalf by the Court. The authority attesting any such affidavit shall wherever the person is know to him, append a certificate to that effect on the affidavit and where the person affirming the affidavit is not known to the authority concerned the certificate shall state the name of the person by whom the person affirming the affidavit has been identified.

Wherever an affidavit is affirmed by an illiterate person or a person not conversant with the English language, the authority concerned shall before attesting the same translate and interpret the contents of the affidavit to the person affirming the same and certify the said fact separately under his signature.

R. 8

 Pardahnashin women—Where the Deponent is a Pardahnashin lady, unless she is known to the person attesting the affidavit, she shall be identified by a person to whom she is known and that person shall also prove the identification by a separate affidavit.

R. 9

Marking, dating and initiating on exhibits—Every exhibit annexed to an affidavit shall be marked, initialed and dated by the authority before whom it is sworn.

For making all type of legal affidavits the opinion of the legal expert is essential. The Notary public  is legal expert who can prepare the document with his/her legal knowledge and can certify the same.