Complete Guide to Affidavits in India - Free Online Fillable Templates with Downloadable PDF and Word Formats

An affidavit in India is a written statement of facts made voluntarily under oath, governed by the Oaths Act, 1969, and the Indian Evidence Act, 1872. This comprehensive guide covers all aspects of creating legally valid affidavits in India.

Legal Framework for Affidavits in India

Governing Laws

• Oaths Act, 1969: Governs administration of oaths
• Indian Evidence Act, 1872: Determines admissibility in court
• General Clauses Act, 1897: Interpretation provisions
• Indian Stamp Act, 1899: Stamp duty requirements

Who Can Administer Oath

• Notary Public
• Oath Commissioner
• First Class Magistrate
• Court-designated officers

Common Uses of Affidavits in India

Personal Matters

• Name change declaration
• Date of birth correction
• Address proof for Aadhaar/passport
• Gap in education affidavit
• Marriage declaration
• Relationship proof

Document-Related

• Lost passport/PAN card/Aadhaar affidavit
• Lost educational certificates
• Lost property documents
• Document genuineness declaration

Legal Proceedings

• Court affidavits
• Bail bonds
• Witness statements
• Asset declarations for litigation

Government Applications

• Passport application affidavits
• Name/date of birth discrepancy
• Income declaration
• No-objection declarations

Stamp Paper Requirements by State

State-wise Stamp Duty

Maharashtra:

• General affidavit: Rs. 100
• Property-related: Rs. 200-500
• Court affidavits: As specified by court

Delhi:

• General affidavit: Rs. 10-50
• Property-related: Rs. 100

Karnataka:

• General affidavit: Rs. 20-50
• Court affidavits: Rs. 100

Tamil Nadu:

• General affidavit: Rs. 20
• Property-related: Rs. 100

Uttar Pradesh:

• General affidavit: Rs. 10-30

West Bengal:

• General affidavit: Rs. 10-25

E-Stamping

Many states now offer e-stamping through SHCIL (Stock Holding Corporation of India Limited). E-stamps are preferred as they reduce fraud risk.

Essential Components of Indian Affidavits

Format Requirements

1. Title: "AFFIDAVIT" prominently at top
2. Deponent Details:

- Full name as per Aadhaar

- Father's/Husband's name

- Age

- Occupation

- Complete address

- Aadhaar number

1. Statement of Facts:

- First person narrative

- Numbered paragraphs

- Clear, specific statements

- Only personal knowledge facts

1. Verification Clause:

"I, [Name], do hereby solemnly affirm and declare that the contents of paragraphs 1 to [X] are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom."

1. Place and Date

1. Signature of Deponent

1. Notarization:

- Notary's signature

- Notary's seal

- Registration number

- Date of notarization

Notarization Process in India

Steps

1. Prepare affidavit on appropriate stamp paper
2. Visit Notary Public with original documents
3. Carry Aadhaar card for verification
4. Notary verifies identity
5. Deponent signs in notary's presence
6. Notary administers oath
7. Notary signs and seals the document
8. Entry made in notary register

Fees

Notary fees typically range from Rs. 50-200 depending on location and type of affidavit.

Legal Consequences of False Affidavits

Criminal Liability

False statements in affidavits constitute perjury under Indian law:

• Section 191 IPC: Giving false evidence - up to 7 years imprisonment
• Section 193 IPC: Punishment for perjury - up to 7 years
• Section 199 IPC: False statement in declaration - up to 3 years

Civil Liability

• Contempt of court if filed in legal proceedings
• Cancellation of benefits obtained through false affidavit
• Damages to affected parties

Special Affidavits for Specific Purposes

Passport Application

Affidavits commonly required:

• No criminal record
• Name change after marriage
• Date of birth discrepancy
• Lost passport
• Relationship with minor applicant

Educational Purposes

• Gap year explanation
• Name correction in certificates
• Lost marksheet/certificate
• Change of exam center

Employment

• No dues from previous employer
• Experience certificate verification
• Character certificate
• Non-prosecution certificate

Download Free Indian Affidavit Templates

Our website offers free, fillable affidavit templates for India in PDF and Word formats:

• General Affidavit
• Name Change Affidavit
• Lost Document Affidavit
• Date of Birth Affidavit
• Address Proof Affidavit
• Income Declaration Affidavit
• Gap in Education Affidavit
• No Criminal Record Affidavit

All templates include proper Aadhaar fields and comply with Indian legal requirements.