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Here are notes regarding essential features of affidavit. Please read and get your knowledge improved. To support me please follow and share this blog. Thank you!

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Introduction with meaning and definition of Affidavit

1) An Affidavit should be in writing: Since an Affidavit is used as a record in court; it has to be in writing. This is to make the person who makes the affidavit accountable for the contents sworn in the affidavit. It also deters people from making false claims since they amount to punishable offences.

2) It must be a declaration made by an individual: An Affidavit can be created only by an individual, and not by any artificial persons like Companies and other associations or Groups of individuals.

3) It must relate to facts alone: An Affidavit should mention only the facts according to the best knowledge of the deponent. The only exception to this rule is Interlocutory Applications submitted in civil proceedings which may be based on the belief of the deponent. However, it is subject to the rule that the source of the information shall be specified and that the deponent shall be subject to cross verification by the other party. It should not be based on mere inferences or assumptions.

4) It must be made in the first person: Affidavits cannot be created on behalf of other persons. The purpose is to prevent declaring of things beyond the reasonable knowledge of a person. It is the duty of the deponent to state facts which are known to him/her. However it is subject to the exception where affidavits are sworn on behalf of minor children or insane individuals.

5) It must be sworn before an officer or magistrate who is authorised to administer oath.

6) An affidavit can be sworn only before a person having authority to attest it.

For example, a name change affidavit may be attested either by a Notary Public or by an Executive or Judicial magistrate for documents created in India; while an affidavit for lost or damaged passport can be attested only by a Judicial or Executive Magistrate and it is beyond the authority of a Notary Public.

For further reading please visit:

The components of an Affidavit

Affidavit: Uses and types

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