Affidavit is a written statement of facts, confirmed by the oath or affirmation of the person making it, intended to be used as evidence in judicial or quasi-judicial proceedings. Under Indian law, it is defined in Section 3(3) of the General Clauses Act, 1897, and the procedure for affidavits is governed by Order XIX of the Code of Civil Procedure, 1908 and the Oaths Act, 1969.
Legal definition
Section 3(3) of the General Clauses Act, 1897 provides:
"Affidavit" shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing.
The Oaths Act, 1969 governs the administration of oaths for affidavits. Section 3 provides:
(1) The following Courts and persons shall, within the local limits of their respective jurisdictions and subject to the provisions of sub-section (2), have authority to administer by themselves or by an officer empowered by them in this behalf, oaths and affirmations in discharge of the duties or in exercise of the powers imposed or conferred upon them respectively by law—
(a) all Courts and persons having by law or consent of parties authority to receive evidence;
(b) the commanding officer of any military, naval or air force station or ship.
Order XIX of the Code of Civil Procedure, 1908 provides the procedural framework for the use of affidavits in civil proceedings. Rule 1 empowers the court to order that any particular fact or facts may be proved by affidavit. Rule 3 mandates that affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications where statements based on information and belief may be permitted, provided the grounds of such belief are stated.
How courts have interpreted this term
Meghmala & Ors. v. G. Narasimha Reddy & Ors. (2010) 8 SCC 383
The Supreme Court emphasised that an affidavit is a solemn statement made under oath and must be treated with the gravity it warrants. The Court held that filing a false affidavit is not merely a procedural irregularity but constitutes an offence and an abuse of the judicial process. This decision reinforced the principle that parties must exercise care and diligence in verifying the contents of affidavits before swearing to them.
In Re: Perry Kansagra (2022)
The Supreme Court held that tendering false affidavits or undertakings before the Court can amount to contempt of court. The Court emphasised that parties who make false statements on oath before courts undermine the administration of justice and are liable to be proceeded against for contempt under Section 2(b) of the Contempt of Courts Act, 1971, in addition to prosecution for perjury under Section 193 of the Indian Penal Code, 1860 (now Section 229 of the Bharatiya Nyaya Sanhita, 2023).
Amar Singh v. Union of India (2011) 7 SCC 69
The Supreme Court issued directions to court registries to carefully scrutinise all affidavits, petitions, and applications, and to reject those that do not conform to the requirements of Order XIX of the Code of Civil Procedure and the Supreme Court Rules. This underscored the judicial expectation that affidavits must be properly sworn, notarised, and drafted in strict compliance with procedural requirements.
Types of affidavit
Indian legal practice recognises several categories of affidavit based on their purpose:
- Judicial affidavit: Filed in support of or in opposition to applications in court proceedings, governed by Order XIX CPC.
- Non-judicial affidavit: Sworn for non-court purposes such as passport applications, visa processing, property matters, name changes, or declarations before government authorities.
- Affidavit-in-lieu of examination-in-chief: Under Order XVIII Rule 4 CPC (as amended by the Commercial Courts Act, 2015), a witness's examination-in-chief may be given by way of affidavit in commercial disputes.
- Self-attested affidavit / Declaration: Under certain statutes and rules, a self-declaration may substitute for a sworn affidavit where specifically permitted.
Why this matters
The affidavit is one of the most frequently used legal instruments in Indian judicial and administrative practice. From filing a writ petition in the Supreme Court to applying for a passport, obtaining a government licence, or submitting documentation in a property transaction, affidavits form the evidentiary backbone of innumerable processes.
For litigants, understanding the legal consequences of filing a false affidavit is critical. A person who makes a false statement on oath in an affidavit is liable for prosecution for perjury under Section 193 of the Indian Penal Code (now Section 229 BNS), punishable with imprisonment up to seven years. Additionally, as the Supreme Court held in the Perry Kansagra case, a false affidavit can attract contempt proceedings. Courts have also exercised their power to impose costs and strike out pleadings where affidavits are found to contain deliberate falsehoods.
A common practical error is the failure to properly attest an affidavit before a competent authority. An affidavit must be sworn before a Magistrate, Notary Public, or an officer authorised under the Oaths Act, 1969. An unsworn or improperly sworn affidavit may be rejected by the court as inadmissible evidence.
Related terms
Related procedures:
Related instruments:
Related court procedures:
Frequently asked questions
Who can administer the oath for an affidavit in India?
Under Section 3 of the Oaths Act, 1969, an affidavit may be sworn before any court, judge, magistrate, or person authorised by the High Court (for judicial affidavits) or by the State Government (for non-judicial affidavits). In practice, most affidavits are sworn before a Notary Public appointed under the Notaries Act, 1952, or before a First Class Judicial Magistrate.
What is the punishment for filing a false affidavit in India?
Filing a false affidavit amounts to the offence of perjury under Section 193 of the Indian Penal Code, 1860 (now Section 229 of the Bharatiya Nyaya Sanhita, 2023), punishable with imprisonment up to seven years and a fine. Additionally, the court may initiate contempt proceedings under the Contempt of Courts Act, 1971, and impose costs on the party filing the false affidavit.
Is an affidavit the same as evidence in court?
An affidavit is a form of evidence, but it is not a substitute for oral testimony except where the court specifically permits it. Under Order XIX Rule 1 CPC, the court has discretion to order that any particular fact may be proved by affidavit. However, no affidavit shall be sufficient to prove a fact which could not be proved by oral evidence under Order XIX Rule 2, and the court may order the deponent to attend for cross-examination.
Does an affidavit need to be on stamp paper?
Yes, in most states in India, a judicial or non-judicial affidavit must be executed on stamp paper of the value prescribed by the respective State's Stamp Act or Court Fees Act. The denomination varies by state, typically ranging from ten rupees to one hundred rupees. Some states now permit e-stamping for affidavits.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.