How to Draft and Execute an Affidavit in India: Types, Format, Stamp Paper, Notarization Process

Kaustav Chowdhury
3 days ago
6 min read

An affidavit is a written statement of facts made voluntarily and confirmed by oath or affirmation before a person authorised to administer oaths, such as a Notary Public or an Oath Commissioner. Affidavits are one of the most commonly used legal documents in India, required for court proceedings, government applications, property transactions, and personal declarations. This article explains how to draft, print, and execute an affidavit in India, including the different types of affidavits, the correct format, stamp paper requirements by state, the notarization process, and common mistakes to avoid.

What Is an Affidavit?

An affidavit is a sworn written statement made by a person (called the "deponent") who declares the facts stated therein to be true to the best of their knowledge and belief. The deponent signs the affidavit in the presence of a Notary Public, Oath Commissioner, or Magistrate, who administers the oath and attests the document. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which replaced the Indian Evidence Act, 1872, an affidavit is admissible as evidence in court proceedings. Making a false statement in an affidavit is punishable under Section 229 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which deals with giving false evidence.

Types of Affidavits in India

Affidavits serve a wide range of purposes. The most commonly used types include:

1. Name Change Affidavit: Used to declare a change of name after marriage, personal preference, religious conversion, or correction of a spelling error. Required for updating official records such as Aadhaar, PAN card, passport, and educational certificates.

2. Date of Birth Affidavit: Used to declare the correct date of birth when there is no official birth certificate or when there is a discrepancy in records.

3. Income Affidavit: A sworn declaration of income used for loan applications, scholarship eligibility, court fee exemptions (Order XXXIII CPC), or obtaining BPL certification.

4. Address Proof Affidavit: Used to declare the current residential address when standard address proof documents are not available.

5. Marriage Affidavit: Used for court marriages under the Special Marriage Act, 1954, or the Hindu Marriage Act, 1955, declaring the age, marital status, and consent of both parties.

6. Gap Year Affidavit: Used to explain a gap in education or employment, commonly required for college admissions or employment applications.

7. Self-Declaration Affidavit: A general-purpose affidavit used to declare any fact (loss of documents, relationship, non-employment, etc.).

8. Court Affidavit: Filed in support of or in opposition to a petition, application, or suit in court proceedings.

Format and Structure of an Affidavit

A standard affidavit in India follows this structure:

Title: "AFFIDAVIT" at the top of the document.

Venue: The place where the affidavit is being executed (e.g., "Before the Notary Public, Delhi").

Deponent's Details: Full name, father's or husband's name, age, occupation, and residential address of the person making the affidavit.

Body: Numbered paragraphs stating the facts. Each paragraph should contain one fact or declaration. Use clear, simple language and avoid ambiguity.

Verification Clause: A standard verification clause reading: "I, [name], the above-named deponent, do hereby verify that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom."

Date and Place: The date and place of execution.

Signature: The signature of the deponent.

Notary/Oath Commissioner Attestation: The seal, signature, and registration number of the Notary Public or Oath Commissioner.

Stamp Paper Requirements for Affidavits

Affidavits must be printed or written on non-judicial stamp paper of the denomination prescribed by the state in which they are executed. The stamp duty for affidavits varies from state to state under the respective State Stamp Acts. The common stamp paper values for affidavits across major states are as follows:

Delhi: Rs. 10 non-judicial stamp paper.

Maharashtra: Rs. 100 non-judicial stamp paper (proposed to be increased to Rs. 500).

Karnataka: Rs. 20 non-judicial stamp paper.

Uttar Pradesh: Rs. 10 non-judicial stamp paper.

Tamil Nadu: Rs. 20 non-judicial stamp paper.

West Bengal: Rs. 10 non-judicial stamp paper.

Rajasthan: Rs. 10 non-judicial stamp paper.

With the shift to digital stamping, most states now allow e-stamp certificates to be used in place of traditional physical stamp papers. You may refer to our article on how to register a property sale deed in India for further details on stamp duty and registration requirements.

Always verify the applicable stamp paper value for affidavits in your state through the state's IGRS (Inspector General of Registration and Stamps) portal or by consulting a local advocate, as rates are subject to revision.

Step-by-Step Process to Execute an Affidavit

Step 1: Draft the affidavit

Draft the affidavit following the format described above. Include all relevant facts in numbered paragraphs. Include the verification clause. If the affidavit is for court proceedings, follow the format prescribed by the relevant court rules.

Step 2: Print on stamp paper or e-stamp certificate

Purchase non-judicial stamp paper of the prescribed denomination from an authorised vendor, or obtain an e-stamp certificate from the SHCIL portal or a state-authorised portal. Print the affidavit on the stamp paper. If the affidavit runs to more than one page, the first page should be on the stamp paper and subsequent pages on plain paper.

Step 3: Visit a Notary Public or Oath Commissioner

Carry the printed affidavit (unsigned) along with a valid identity proof (Aadhaar, PAN card, voter ID, passport, or driving licence) and an address proof. Notaries are typically found near district courts, tehsil offices, and legal document centres. For details on the notarization process, refer to our article on how to get a document notarized under the Notaries Act, 1952.

Step 4: Sign the affidavit in the presence of the Notary

Do not sign the affidavit before visiting the Notary. The deponent must sign the affidavit in the presence of the Notary Public or Oath Commissioner. Signing the affidavit beforehand will make it invalid for notarization. The Notary will verify your identity, administer the oath, and then the deponent signs.

Step 5: Notary attestation

After the deponent signs, the Notary Public affixes their seal, signature, and registration number on the affidavit. The Notary also records the affidavit in their register with a serial number.

Step 6: Submit the affidavit

Submit the notarized affidavit to the court, government office, or institution that requires it. If the affidavit is required for apostille attestation for use abroad, you may refer to our article on how to get apostille attestation for documents from the MEA.

Fees for Drafting and Notarizing an Affidavit

The total cost of an affidavit depends on three components: the stamp paper cost (Rs. 10 to Rs. 100 depending on the state), the notarization fee (typically Rs. 50 to Rs. 200 charged by the Notary Public), and the drafting fee (if you hire an advocate or document writer to draft the affidavit, fees range from Rs. 100 to Rs. 500 for simple affidavits). For court affidavits in complex matters, drafting fees may be higher depending on the advocate's charges. Overall, a simple affidavit can be completed for approximately Rs. 100 to Rs. 500 in most cities.

Common Mistakes to Avoid

1. Signing the affidavit before visiting the Notary: This is the most common mistake. The affidavit must be signed in the presence of the Notary. Signing it beforehand renders the notarization invalid.

2. Using the wrong stamp paper denomination: Using stamp paper of a lower denomination than prescribed will make the affidavit deficient in stamp duty, which can lead to its rejection or a penalty under the Indian Stamp Act.

3. Making false statements: A false statement in an affidavit constitutes the offence of giving false evidence under Section 229 of the BNS, 2023, punishable with imprisonment up to seven years and fine.

4. Omitting the verification clause: An affidavit without a proper verification clause may be rejected by courts.

5. Not carrying identity proof: The Notary must verify the identity of the deponent. Without valid ID proof, the Notary will refuse to notarize the affidavit.

6. Using expired or improperly purchased stamp paper: Stamp papers purchased in the name of a different person or from a different state may not be accepted.

If you are preparing an affidavit in connection with a surety bond for a criminal case, you may find our article on how to file a surety bond in a criminal case useful for understanding the related requirements.

Key Takeaways

1. An affidavit is a sworn written statement used for court proceedings, government applications, property transactions, and personal declarations.

2. Common types include name change, date of birth, income, address proof, marriage, gap year, and court affidavits.

3. Affidavits must be printed on non-judicial stamp paper of the denomination prescribed by the state (commonly Rs. 10 to Rs. 100). E-stamp certificates are increasingly accepted as alternatives to physical stamp papers.

4. The deponent must sign the affidavit in the presence of a Notary Public or Oath Commissioner. Never sign before visiting the Notary.

5. False statements in an affidavit attract criminal liability under Section 229 of the BNS, 2023.

6. The total cost for a simple affidavit ranges from approximately Rs. 100 to Rs. 500, including stamp paper, notarization, and drafting fees.

For related topics, you may also find it helpful to read our guides on how to send a legal notice in India and how to file a money recovery suit under Order 37 CPC.