Affidavit

An affidavit is a written statement of facts made by a person — the deponent — who swears or solemnly affirms before an authorised officer that the contents are true to their knowledge or belief. It is the primary vehicle for placing factual assertions before Indian courts without oral examination, and it is used pervasively across civil, criminal, constitutional, and administrative proceedings. The legal weight of an affidavit derives from the oath or solemn affirmation: a false affidavit exposes the deponent to prosecution for perjury under Section 193 IPC or Section 229 BNS.

The use of affidavits as evidence was formalised in English Chancery practice, where written depositions before Commissioners replaced some oral evidence. Indian courts adopted this mechanism through the Code of Civil Procedure and the rules of the various High Courts. Unlike in some common law jurisdictions where cross-examination on affidavit evidence is routine, Indian courts have traditionally relied on affidavit evidence in interlocutory hearings while reserving oral evidence for the trial stage of suits.

The probative value of an affidavit in Indian courts depends on its context. In interlocutory proceedings — bail applications, interim injunctions, and stay applications — affidavit evidence is generally accepted on face value, subject to the opposing party filing a counter-affidavit. In final hearings of writ petitions before the High Court or Supreme Court, the factual assertions in affidavits are often the only evidence available, and both parties are bound by what their affidavits state.

Affidavits must comply with specific formal requirements that vary by court. Typically: the deponent must be identified by name, address, and occupation; the contents must be divided into numbered paragraphs; each paragraph must state whether it is based on personal knowledge or on information and belief; the source of information must be disclosed; and the deponent must sign and verify before a notary public, oath commissioner, or the court itself. Defects in form may render the affidavit unacceptable but are often curable with leave of court.

The BNSS 2023 has expanded the use of electronic affidavits, permitting digitally signed affidavit evidence in specified proceedings. This modernisation addresses the practical difficulty of requiring physical presence of the deponent before an oath commissioner — particularly in urgent bail and stay matters in the digital era. Courts are still evolving their practice on the admissibility and weight of electronic affidavits.