Understanding Affidavits in Indian Law
Affidavits, derived from Latin, are written statements made under oath, serving as evidence in court proceedings. In Indian law, affidavits play a crucial role as proof of facts, adhering to specific components and guidelines. They provide a means to present facts and documentary evidence in legal proceedings, crucial for appeals and judgments.
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AFFIDAVITS (etymology) Latin : AF-i-DAY-vit Literary meaning he has declared under oath . A written confirmed by oath or affirmation. For use as evidence in Court. Asim Kumar Saha, SRO -I
Generally an affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation by a person authorised to do so by law. The affidavit serves as evidence to its veracity. Asim Kumar Saha, SRO -I
In Indian Law, although an affidavit may be taken as proof of facts therein, the courts have no jurisdiction to admit evidence by way of affidavit. Affidavit is treated as evidence within the meaning of Section 3 of the Indian Evidence Act,1872. Asim Kumar Saha, SRO -I
Components of Affidavit: A commencement with identifies the affiant of truth . An attestation clause- At the end certifying that the affiant made an oath and date. Signatures of the Author and date. Asim Kumar Saha, SRO -I
Ingredients of Affidavit : List of Dates- Chronologically set out various events as are incidental to filing of petition and its adjudication. Brief History Applicability of the Statute and interpretation thereon Role of State Statement of Facts : Para-wise counter statement against the averments made in WP/MOA/Application with help of logic and provisions of the statute. Asim Kumar Saha, SRO -I
Steps of Affidavit : Cause Title Person with designation who is filing the affidavit Affirmation Brief facts How Statute is involved in the matter and interpretation Counter against claims made in OA/WP/SLP etc From which source it has been derived Verification Annexure Asim Kumar Saha, SRO -I
Why Affidavit is affirmed? To bring the facts and documentary evidence on record of the court proceedings. It may be relied upon in Appeals filed against such proceedings. Asim Kumar Saha, SRO -I
Special care/caution is needed While filing Affidavit for disposal of the case depending on facts and the statements as in affidavits and the Supreme Court/High Court being a Court of Records vide Article 215 of the Constitution of India, its acts/proceedings are enrolled for perpetual memory and testimony. Asim Kumar Saha, SRO -I
Thanks Asim Kumar Saha, SRO -I
