Affidavit in India: Types, Format & How to Get One Made
Complete guide to affidavits in India. Types, mandatory format, oath, notarisation, stamp duty, and when you need an affidavit for government applications.
What is an Affidavit?
An affidavit is a written sworn statement of fact made voluntarily by a deponent (the person making the statement) before a person authorised to administer oaths — typically a Notary Public, an Oath Commissioner, or a Magistrate. The deponent confirms that the contents are true to their knowledge and belief, and they accept legal liability for false statements under the Indian Penal Code (now Bharatiya Nyaya Sanhita, 2023) for perjury and Section 195 CrPC for giving false evidence.
Affidavits are governed by Order XIX of the Code of Civil Procedure, 1908, the Oaths Act, 1969, and the Notaries Act, 1952. They are extensively used in Indian legal proceedings, government applications, and administrative processes.
Common Types of Affidavits in India
General Affidavit
A general-purpose sworn statement confirming specific facts — used when a government authority or private party requires sworn confirmation of facts that cannot be established through documents alone.
Affidavit for Lost Document
Required when applying for a duplicate of a lost original document — PAN card, Aadhaar, educational certificates, property documents, driving licence, passport, etc. The affidavit confirms the loss and states that the original is not being used fraudulently.
Affidavit for Name Change
Required when changing your name — after marriage, divorce, or personal choice. Must be accompanied by a Gazette Notification (for Central Government employees or for public record) and published in two local newspapers. The affidavit confirms the old name, new name, and the reason for change.
Affidavit for Address Proof
Used when standard address documents (Aadhaar, utility bill) are unavailable or the address is not updated. Required for bank KYC, government scheme enrolments, and passport applications.
Indemnity Bond
A sworn undertaking to indemnify a party against loss — used when obtaining duplicate certificates, releasing a vehicle from the pound, or obtaining a duplicate bank passbook or share certificate.
Affidavit of Income Declaration
A self-declaration of income — commonly required for court fee waivers, government subsidy applications, BPL certificates, scholarship applications, and legal aid.
Affidavit of One and Same Person
Confirms that two names (with minor spelling variations) in different documents belong to the same person. Common when name appears differently across documents like birth certificate, educational certificates, and Aadhaar.
Mandatory Format of an Affidavit
Every affidavit must contain:
- Title: "Affidavit" at the top, or "Before the Honourable [Court/Authority]" if filed before a specific authority.
- Deponent details: Full name, age, father's/husband's name, occupation, and residential address.
- Verification: "I, [name], do hereby solemnly affirm and state on oath as follows:"
- Numbered paragraphs: Each factual statement in a separate numbered paragraph.
- Signature of deponent.
- Jurat: "Solemnly affirmed before me on this [date] at [place]."
- Signature, seal, and designation of Notary/Oath Commissioner.
Notarisation vs. Oath Commissioner vs. Magistrate
- Notary Public: An officer appointed under the Notaries Act, 1952. Can notarise affidavits for most administrative and private purposes. Notaries charge regulated fees (₹50–₹300 typically).
- Oath Commissioner: Appointed by High Courts. For affidavits filed in civil courts, an Oath Commissioner's attestation is often preferred or required.
- Magistrate/Executive Magistrate: For affidavits filed in criminal proceedings or before government authorities, a Magistrate's attestation gives the highest evidentiary value.
Stamp Duty on Affidavits
Most affidavits require a non-judicial stamp paper of ₹10–₹100 depending on the state. Some states have moved to electronic stamp paper (e-stamp). Always check the current stamp duty for affidavits in your state — using insufficient stamp paper makes the document technically defective though courts often overlook minor stamp deficiencies.
Getting Your Affidavit Made — How Long Does It Take?
A simple affidavit drafted by an advocate and notarised can be ready within hours. Online services allow you to fill the relevant details, have the draft prepared by an advocate, and then get it notarised locally — reducing the process to 1–2 hours from start to finish.
Need to send a legal notice or file a complaint? LegalPanel drafts it for you — advocate-reviewed, delivered in 1 hour, starting at ₹199.