Understanding Affidavits: Meaning and Purpose

Affidavit: Meaning and Purpose

• An affidavit is a written statement voluntarily made by a person, attested by a legally authorized official.
• Attesting an affidavit provides legal validity and binding force.
• An affidavit guarantees the truthfulness of a person's statement. False statements can lead to legal action.

Affidavit: Particulars to Include

• Include the court/tribunal, case number, and jurisdiction.
• Briefly list the parties involved.
• Title the document AFFIDAVIT (in bold, underlined font).
• Include the deponent's details (name, father's name, age, address).
• The deponent affirms awareness of the case facts.
• The deponent affirms their ability to testify about the case.

Affidavit: Additional Details

• The petition/submission has been explained to the deponent, and the deponent understands consequences.
• Briefly describe the case circumstances. If the petition already contains details, it's not necessary to repeat them, but state the petition content is part of the affidavit.
• The affidavit concludes with a statement that the contents are true and correct, and nothing material is concealed (verification).

Essential Elements of an Affidavit

• The declaration must be made by a natural person.
• The affidavit's content must relate to the case facts.
• The declaration must be written.
• Use the first person ("I declare..." , "I attest...")
• The affidavit should include verification by a legal representative.

Affidavit Activity Example

• Akshita, a final-year Delhi University student, was barred from exams due to unpaid fees.
• She failed to submit her fees by the deadline.
• She sought remedy but was repeatedly denied the opportunity to appear for the examination.
• Akshita intends to pay the outstanding fees.
• She wants to know how to proceed to gain the right to take the examination.
• The example highlights a situation where an affidavit is relevant.