Affidavit Formats for Indian Courts: Complete Guide (2026)

An affidavit is one of the most frequently demanded documents in Indian legal practice — yet it is also one of the most frequently drafted incorrectly. A missing verification clause, the wrong stamp paper value, or a deponent who did not appear in person can render an entire affidavit invalid, sometimes at the worst possible moment: mid-litigation or at a government office counter.

This guide covers everything you need to know about affidavits in India — their legal basis, when they are required, the correct general format, specific formats for common use cases, stamp paper requirements by state, notarization versus oath commissioner, and the consequences of false statements.

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1. What Is an Affidavit?

An affidavit is a written statement of fact made voluntarily, confirmed by the oath or affirmation of the person making it (the deponent), before a person who has lawful authority to administer such an oath or affirmation.

Legal Basis

The primary legislation governing oaths and affirmations in India is the Indian Oaths Act, 1969. Section 3 of the Act empowers specified authorities — including courts, judges, magistrates, and any officer authorised by the Central or State Government — to administer oaths and affirmations. An affidavit must be sworn before one of these authorised persons to have legal validity.

Who Can Administer the Oath?

Three categories of persons are commonly authorised to administer oaths for affidavits:

1. Notary Public — Appointed under the Notaries Act, 1952, by the Central Government (for practice throughout India or in specified areas) or by State Governments. Notaries are legally competent to administer oaths, attest documents, and perform other notarial functions across all courts and government offices.

2. Oath Commissioner — Appointed by a High Court under Order XIX of the Code of Civil Procedure (CPC) or under the High Court's original jurisdiction. Oath Commissioners are typically practising advocates appointed to take affidavits specifically for use in court proceedings.

3. Magistrate or Judge — A First Class Magistrate, Executive Magistrate, or any Judge of a court may administer oaths in the course of judicial proceedings.

Evidentiary Value

The admissibility of affidavits in civil proceedings is governed by Order XIX of the CPC. Rule 1 of Order XIX allows the court to order any fact to be proved by affidavit; Rule 3 requires that any affidavit may be used as evidence on interlocutory applications. However, the deponent remains liable to cross-examination if the other party so requests. This makes the accuracy of every statement in an affidavit critically important.

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2. When Are Affidavits Required?

Affidavits are required across a remarkably wide range of situations:

Court Proceedings

• Verification of pleadings — Under Order VI Rule 15 CPC, every pleading must be verified by an affidavit. The verification may be sworn before an Oath Commissioner.
• Interlocutory applications — Injunctions, stays, and other interim relief are typically supported by affidavits setting out facts.
• Bail applications — Supporting and opposing affidavits are filed in bail matters before the Sessions Court and High Court.
• Examination on commission — Where a witness cannot appear, evidence may be given by affidavit under Order XVIII Rule 4.

Government Applications

• Passport — Multiple Annexures (E, F, H, I, K) require self-declaratory affidavits (see Section 4 below).
• Visa applications — Embassies and consulates frequently require affidavits regarding financial support, relationship, or intent.
• PAN card — A self-declaration affidavit is required where date of birth or identity proof is unavailable in standard form.
• Aadhaar update — Address update without standard proof documents requires a self-declaration or a certifier's affidavit.

Property Transactions

• Title verification — Sellers provide an affidavit confirming clear title, absence of encumbrances, and no pending litigation.
• Indemnity affidavit — Issued to protect a buyer or bank against future claims arising from defects in title.
• Part-payment acknowledgement — Sometimes memorialised by affidavit in informal transactions.

Personal Matters

• Name change — Required after Gazette notification and newspaper publication to confirm the name change across all documents.
• Marriage — Required for solemnisation under the Special Marriage Act, 1954 (age, unmarried status, no prohibited relationship).
• Income declaration — Required for court fee waiver under Order XXXIII CPC, for scholarships, or for government welfare schemes.
• Address proof — Where standard address documents are unavailable, a self-declaration affidavit is widely accepted.

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3. General Affidavit Format

While formats vary slightly by court and state, all valid affidavits share the same core structure. Below is the standard format:

                              AFFIDAVIT

Before the Notary Public / Oath Commissioner, [City]

I, [Full Name], aged [X] years, S/o or D/o or W/o [Parent's / Spouse's Full Name],
R/o [Full Address including Pin Code], do hereby solemnly affirm and state as under:

1. That I am the deponent herein and am fully conversant with the facts stated
   in this affidavit.

2. That [state the relevant fact or declaration clearly].

3. That [continue numbered statements for each material fact].

4. That this affidavit is made voluntarily, in sound mind, without any coercion
   or undue influence.

VERIFICATION

I, the above-named deponent, do hereby verify that the contents of paragraphs 1
to [N] of this affidavit are true and correct to my knowledge and belief. No part
of it is false and nothing material has been concealed therefrom.

Verified at [City] on this [Date].

                                        DEPONENT
                                        [Physical Signature]

Sworn / affirmed before me on this [Date] at [City].

                         NOTARY PUBLIC / OATH COMMISSIONER
                         [Stamp and Signature]
                         Registration No.: [Number]

Key Structural Rules

• "AFFIDAVIT" must appear centred at the top as the document title.
• The deponent's relationship (S/o, D/o, W/o) is mandatory — Indian legal documents require family identification.
• Statements must be numbered and each confined to a single, discrete fact.
• The verification clause is not optional — it is a formal requirement. An affidavit without a verification clause is legally defective and liable to be rejected.
• The physical signature of the deponent must appear at the bottom of the body and at the end of the verification.
• All blank spaces in a printed format must be struck through with a horizontal line — they must not be left empty.

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4. Specific Affidavit Formats

4.1 Name Change Affidavit

When required: After publishing the name change in the Official Gazette and in two local newspapers, the deponent files this affidavit to formalise the change for use with banks, educational institutions, employers, and government departments.

Key contents:

• Old full name and new full name
• Reason for name change (marriage, personal preference, correction of spelling error, religious conversion, etc.)
• Date and details of Gazette notification and newspaper publication
• Declaration that the deponent shall henceforth be known by the new name in all documents

Note: Many states also require a separate indemnity clause stating that the deponent shall indemnify any institution that updates records on the basis of this affidavit.

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4.2 Income Declaration Affidavit

When required: For filing suits as an indigent person under Order XXXIII CPC (court fee waiver), for educational scholarships, for Below Poverty Line (BPL) certification, and for various central and state government welfare schemes.

Key contents:

• Annual income from all sources (salary, business, agriculture, rent, interest)
• Number of dependents and their relationship to the deponent
• Description of any immovable property owned
• Declaration that the stated income represents the total household income

Caution: Courts scrutinise these affidavits carefully in Order XXXIII applications. Any discrepancy between the declared income and the deponent's lifestyle or assets disclosed elsewhere can result in rejection and a perjury notice.

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4.3 Address Proof Affidavit

When required: When the deponent cannot produce standard address proof documents (utility bill, bank statement, rent agreement) — for example, when residing with family members in a property not registered in the deponent's name.

Key contents:

• Current full address (including flat/house number, street, locality, city, state, pin code)
• Duration of residence at the stated address
• Reason why standard address proof is unavailable
• Name of the property owner (if residing as a guest or dependant)

Common uses: Opening a bank account, obtaining a new SIM card, enrolling in Aadhaar, applying for a driving licence.

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4.4 Marriage Affidavit

When required: For solemnisation of marriage under the Special Marriage Act, 1954, which requires both parties to give notice and make declarations before the Marriage Officer. Affidavits are filed as supporting declarations.

Key contents:

• Full details of both parties (name, age, date of birth, occupation, address)
• Proof of age (referencing documents such as birth certificate, school certificate, or passport)
• Declaration that neither party has a subsisting marriage (i.e., neither is already married or, if previously married, that the prior marriage has been dissolved or the prior spouse has died)
• Declaration that the parties are not within the degrees of prohibited relationship under the Act
• Both parties must execute separate affidavits or a joint affidavit may be permissible depending on the Marriage Officer's practice

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4.5 Passport Application Affidavits

The Ministry of External Affairs prescribes several Annexures that take the form of self-declaratory affidavits:

Each Annexure has a prescribed format available on the Passport Seva portal. These must be executed on appropriate stamp paper and notarised before submission.

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4.6 Affidavit of No Objection

When required: In property sale transactions (from existing tenants or co-owners confirming no objection to the sale), in vehicle ownership transfer, and in tenant activities (subletting, commercial use of residential premises).

Key contents:

• Identity of the person giving no objection
• Description of the property or transaction
• Clear statement of no objection
• Duration for which the no objection is valid (if applicable)

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4.7 Self-Declaration Affidavit

A general-purpose affidavit used where no specific format is prescribed — for example, to declare that a document is genuinely issued, that a person is the same individual named in two documents with minor name discrepancies, or to confirm marital status for insurance or employment purposes.

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5. Stamp Paper Requirements by State

All affidavits must be executed on non-judicial stamp paper of the appropriate denomination. The denomination varies by state and by the purpose of the affidavit. Using the wrong denomination renders the document under-stamped, with serious legal consequences (see Section 8).

Note: These figures reflect current schedules but may be revised by state governments. Always confirm the applicable denomination with the Collector of Stamps or a local advocate before executing the affidavit.

E-Stamp Paper: E-stamp paper issued through SHCIL (Stock Holding Corporation of India Limited) is widely accepted across states. It is increasingly the preferred mode (see Section 7).

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6. Notarization vs. Oath Commissioner

The terms are often used interchangeably but they are legally distinct:

Notary Public

• Appointed by the Central Government (for practice throughout India or in specified states/union territories) or by State Governments, under the Notaries Act, 1952.
• Has authority to administer oaths, attest documents, verify copies, and certify translations — for use in any court, government office, or for transactions in India and abroad.
• Widely accepted — affidavits notarised by a Notary Public are valid everywhere in India and are often required for documents to be used internationally.
• Fees: Regulated by the Notaries (Central Government) Rules, 1956 — typically Rs 10 to Rs 50 per document for attestation.

Oath Commissioner

• Appointed by the High Court under Order XIX CPC or under the High Court's Letters Patent / Original Side Rules.
• Authority is specifically for administering oaths on affidavits to be filed in court proceedings.
• Jurisdictionally limited — an Oath Commissioner appointed by the Bombay High Court may not be recognised by a government department or by a court in another state.
• Preferred for court filings — many High Courts and the Supreme Court require affidavits to be sworn before an Oath Commissioner rather than a Notary.

Practical rule of thumb: Use an Oath Commissioner for affidavits to be filed in court; use a Notary Public for affidavits to be submitted to government departments, banks, educational institutions, or for use abroad.

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7. E-Stamp Paper

What Is E-Stamp Paper?

E-stamp paper is an electronically generated certificate of stamp duty payment, issued as an alternative to traditional physical (impressed) stamp paper. It contains a unique Certificate Number, a SHCIL reference number, and a QR code that can be scanned to verify its authenticity online.

How to Procure E-Stamp Paper

1. SHCIL Portal — Visit the Stock Holding Corporation of India Limited website (shcil.com) or the state-specific portal (many states have their own e-stamp portals integrated with SHCIL).
2. Bank Branches — Authorised bank branches (typically SBI, HDFC, ICICI, and others) act as collection agents for SHCIL and can issue e-stamp certificates.
3. Authorised Stamp Vendors — SHCIL-authorised stamp vendors at court complexes and government offices can issue e-stamp paper on the spot.

Advantages

• Tamper-proof — the certificate contains security features including a unique barcode; any alteration is immediately detectable.
• Verifiable online — any person can verify the e-stamp certificate by entering the certificate number on the SHCIL website or the state portal.
• No physical stamp paper shortage — unlike traditional impressed stamp paper, e-stamp paper is always available.
• Accepted across India — all states that have adopted the e-stamping framework (currently most major states) accept e-stamp paper in lieu of physical stamp paper.

Verification

To verify an e-stamp certificate, visit the SHCIL e-Stamp portal, select the relevant state, and enter the Certificate Number printed on the document. The portal will confirm whether the stamp duty has been duly paid and whether the certificate is genuine.

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8. Common Mistakes

Even experienced practitioners make avoidable errors with affidavits. The following are the most frequently encountered:

1. Wrong Stamp Paper Value

Using a Rs 10 stamp paper where Rs 100 is required is not a technicality — it is a substantive defect. Under Section 35 of the Indian Stamp Act, 1899, a document that is insufficiently stamped is inadmissible in evidence and cannot be acted upon by any public officer until the deficit stamp duty and penalty are paid. Courts have discretion to impound under-stamped documents under Section 33.

2. Missing Verification Clause

The verification clause is not boilerplate — it is a legal requirement. An affidavit without a verification clause is not an affidavit in the legal sense; it is merely an unsworn statement. Courts routinely reject such documents. Always ensure the verification clause explicitly identifies which paragraphs are verified and is signed by the deponent.

3. Deponent Not Physically Present

The oath must be administered in person. The deponent must appear before the Notary or Oath Commissioner, swear the oath, and sign in their presence. Sending the affidavit by post for attestation, or having someone else appear on behalf of the deponent, is legally invalid — the document is not an affidavit at all. This rule is frequently violated and is a ground for the opposing party to challenge the document.

4. Undated Affidavit

An affidavit without a date of execution is inherently suspect. Courts may refuse to act on it. Always ensure the date appears both in the body (verification clause) and alongside the Notary's stamp.

5. Omitting the Relationship Identifier

Indian legal documents require the deponent to identify themselves with reference to their parent or spouse: S/o (Son of), D/o (Daughter of), or W/o (Wife of). Omitting this is a formal defect that can cause the affidavit to be returned by courts and government offices.

6. Typed or Digital Signature

A physical wet-ink signature is mandatory. A typed name, a scanned signature inserted into a Word document, or a digital signature (in the sense of an e-signature under the IT Act) is not a valid substitute for the purposes of an affidavit unless specifically authorised by statute for a particular purpose.

7. Blank Spaces in Printed Formats

Any blank space in a printed affidavit format must be struck through with a horizontal line before execution. Leaving blank spaces creates a risk of interpolation (fraudulent insertion of text after the affidavit is sworn) and courts have treated such documents with suspicion.

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9. Perjury: Consequences of False Statements

An affidavit is a sworn statement. Making a false statement in it is not a civil irregularity — it is a criminal offence.

Legal Provisions

• Section 191 IPC / Section 229 BNS (Bharatiya Nyaya Sanhita) — Giving false evidence on oath. Defined as intentionally giving false information while under a legal obligation to state the truth. Punishment: imprisonment of either description for up to 7 years, and fine.
• Section 193 IPC / Section 230 BNS — Giving or fabricating false evidence in a judicial proceeding. Punishment: imprisonment of either description for up to 7 years (for judicial proceedings) or up to 3 years (for non-judicial proceedings), and fine.

Judicial Attitude

Indian courts have increasingly taken a strict view of false affidavits. The Supreme Court has repeatedly held that filing false affidavits undermines the administration of justice and has directed prosecutions for perjury in cases involving: suppression of prior litigation in passport applications, false income declarations to obtain court fee waivers, and false statements in matrimonial proceedings.

In Mahila Vinod Kumari v. State of Madhya Pradesh (2008), the Supreme Court held that perjury proceedings must be taken seriously and cannot be treated as a technicality. Courts have inherent power under Section 340 CrPC (Section 379 BNSS) to initiate perjury proceedings on their own motion.

The practical consequence: every statement in an affidavit must be true to the deponent's knowledge. If a fact is uncertain, it must be qualified ("to the best of my knowledge and belief"). If a statement turns out to be false, the deponent — not the drafting lawyer — faces criminal liability.

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Drafting Affidavits with LawCentral

LawCentral's Affidavit Generator lets you create court-ready affidavits in minutes — select the affidavit type, fill in the details, and download a formatted document ready for execution on stamp paper.

For more on legal drafting, see our Legal Drafting Hub for Indian Lawyers and our guide on How to Draft a Legal Notice.

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