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Courts and procedure

Affidavit

Also called: Sworn affidavit, Notarised affidavit, Deponent, Self declaration on oath

Added Last checked against India Code

A written statement of facts that the person making it swears or affirms is true, before a court, magistrate, notary or oath commissioner. A knowingly false affidavit can be punished as false evidence.

Person making it
Deponent
Civil cases
Section 139 and Order XIX, CPC
Criminal courts
Section 333 BNSS (old Section 297 CrPC)
If false
Sections 227 and 229 BNS (old 191 and 193 IPC)

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What it means

An affidavit is a written statement in which a person, called the deponent, sets out facts and swears or affirms before an authorised officer that they are true. Courts use affidavits as evidence and to support applications, and many offices ask for them as proof of things like a change of name or address.

For civil cases, Section 139 of the Code of Civil Procedure, 1908 says the oath may be given by any court or magistrate, a notary appointed under the Notaries Act, 1952, an officer the High Court appoints, or an officer of another court that the State Government empowers. For criminal courts, Section 333 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allows affidavits to be sworn before a Judge or a Judicial or Executive Magistrate, a Commissioner of Oaths appointed by a High Court or Court of Session, or a notary.

An affidavit must stick to facts the deponent can prove from personal knowledge. Order XIX Rule 3 of the Code of Civil Procedure allows statements of belief only in interlocutory applications, and the grounds for the belief must be given. Section 333(2) of the BNSS similarly asks the deponent to state separately what they know and what they believe on reasonable grounds, and under Section 333(3) the court may order scandalous or irrelevant matter to be struck out or amended.

In a civil suit, Order XIX Rule 1 lets the court order that a fact be proved by affidavit, and Order XVIII Rule 4 says a witness's examination in chief is given on affidavit. The other side can still ask for the deponent to be cross examined under Order XIX Rule 2. A person who swears a false affidavit can be prosecuted for giving false evidence under Sections 227 and 229 of the Bharatiya Nyaya Sanhita, 2023, which carry up to seven years and a fine of up to Rs 10,000 when the false evidence is in a judicial proceeding.

The law

Current provisionReplaced
Section 139, Code of Civil Procedure, 1908Who may administer the oath on an affidavit in civil cases Still in force; not renumbered
Order XIX Rules 1 to 3 and Order XVIII Rule 4, Code of Civil Procedure, 1908Proof by affidavit, cross examination of the deponent, and what an affidavit may contain Still in force; not renumbered
Section 333, Bharatiya Nagarik Suraksha Sanhita, 2023Authorities before whom affidavits may be sworn in criminal courts Section 297, Code of Criminal Procedure, 1973
Sections 227 and 229, Bharatiya Nyaya Sanhita, 2023Giving false evidence and its punishment Sections 191 and 193, Indian Penal Code, 1860

When it matters

  • A court asks you to file your evidence or reply on affidavit in a civil case.
  • You are changing your name or correcting a date of birth and an office wants a sworn statement.
  • A bank, university or government department asks for an affidavit as proof of address, income or relationship.
  • You need to support a court application, such as for an adjournment or interim relief, with facts on oath.

Example

Rohit's name is spelt differently in his school certificate and his passport. The passport office asks for an affidavit. He writes the facts in the first person, signs it before a notary who records the oath, and files it. Because the facts are his own, he states them as within his knowledge rather than as belief.

Watch out for

  • Read every line before you sign. You are swearing that each statement is true, and a knowingly false affidavit can lead to prosecution for false evidence.
  • Courts often have their own rules on who may attest affidavits filed before them and in what format. Check the rules of the court or office that asked for it before getting it notarised.
  • Stamp paper for an affidavit is governed by state stamp laws, and the value differs from state to state. Ask the office that wants the affidavit what it accepts.
  • Say clearly which facts you know yourself and which you believe, and why. Vague or hearsay statements carry little weight in court.

Common questions

Who can attest an affidavit?

In civil cases, Section 139 of the Code of Civil Procedure lists a court or magistrate, a notary, and officers appointed by the High Court or empowered by the State Government. For criminal courts, Section 333 of the BNSS lists Judges, Judicial or Executive Magistrates, Commissioners of Oaths and notaries.

What happens if an affidavit is false?

Making a statement you know to be false in an affidavit is giving false evidence under Section 227 of the Bharatiya Nyaya Sanhita. Under Section 229, it can be punished with up to seven years and a fine of up to Rs 10,000 if it is in a judicial proceeding, and up to three years and a fine of up to Rs 5,000 otherwise.

Can the other side question what I wrote in my affidavit?

Yes. Under Order XIX Rule 2 of the Code of Civil Procedure, the court may order the deponent to attend for cross examination on the affidavit.

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Related terms

VakalatnamaPower of attorneyStamp duty

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Last checked against the official text on India Code on 11 Nov 2026. This is general information on Indian law, not legal advice for your situation. Laws and court rulings change; a lawyer can tell you how they apply to your facts.