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AFFIDAVIT
PRESENTED BY-
VANDANA DHOUNDIYAL
What Is An Affidavit?
 An affidavit is a sworn statement of facts by a person who knows that such facts
and circumstances have taken place. The person who makes such statement and
signs it is known as a deponent. An affidavit is a written document signed by the
deponent, confirming that the contents of the affidavit are true and correct to his
knowledge and he has concealed nothing material therefrom.
 It is duly attested/ affirmed by the Notary or Oath Commissioner. Such Notary/
Oath Commissioners are appointed by the Court of Law. The duty of the Notary/
Oath Commissioners is to ensure that the signature of the deponent are not
forged. Hence, the deponent himself needs to be present before the Notary/ Oath
Commissioner during the attestation of the affidavit.
 The person making the affidavit (the deponent) must sign
the bottom of each page in the presence of an authorized
person, such as a lawyer. Further, the affidavit must contain
the full name, address, occupation and signature of the
person (deponent) making such affidavit and the date & place
where such affidavit is made.
 The affidavit must contain facts and circumstances known to
a person and must not set out the opinions and beliefs of
the deponent. Further, one should avoid referring to facts
that are based on information received from others (known
as hearsay evidence). However, if the person is giving
evidence as an expert; for instance, a psychologist or
licensed valuer, then his opinion might be stated in the
affidavit.
Affidavit as “Evidence”
 Affidavit is treated as “evidence” within the meaning of Section 3 of The
Evidence Act. However, in the matter of Khandesh Spg & Wvg Mills CO. Ltd. Vs
Rashtriya Girni Kamgar Sangh, citation 1960 AIR571, 1960 SCR(2) 841, it was
held by the Supreme Court that an affidavit can be used as evidence only if the
Court so orders for sufficient reasons, namely, the right of the opposite party to
have the deponent produced for cross-examination. Therefore, an affidavit
cannot ordinarily be used as evidence in absence of a specific order of the
Court.
 Further, the law pertaining to affidavits is covered under Section
139 and Order XIX of Code of Civil Procedure, 1908 along with
Order XI of Supreme Court Rules. Order XIX of Code of Civil
Procedure, 1908 empowers the Court to order at any point of time,
any particular fact or facts to be proved by affidavit. But the Court
shall not make such order, where it appears to the Court that either
party desires the production of a witness for cross-examination and
that such witness can be produced.
 The Supreme Court in Amar Singh v. Union of India and Others,
has issued directions to the courts registry to carefully scrutinize
all affidavits, petitions and applications and reject those which do
not conform to the requirements of Order XIX of the Code of Civil
Procedure and Order XI of the Supreme Court Rules. The Supreme
Court has highlighted the importance of affidavits in this judgment
and has discussed various judicial pronouncements on the aspect.
 The importance of affidavits strictly conforming to the requirements of
Order XIX Rule 3 of the Code has been laid down by the Calcutta High
Court as early as in 1910 in the case of Padmabati Dasi v. Rasik Lal
Dhar [(1910) Indian Law Reporter 37 Calcutta 259]. An erudite
Bench, comprising Chief Justice Lawrence H. Jenkins and Woodroffe,
J. lay down:
“We desire to impress on those who propose to rely on affidavits that, in
future, the provisions of Order XIX, Rule 3, must be strictly observed,
and every affidavit should clearly express how much is a statement of
the deponent’s knowledge and how much is a statement of his belief,
and the grounds of belief must be stated with sufficient particularity to
enable the Court to judge whether it would be sage to act on the
deponent’s belief.”
 In the case of Virendra Kumar Saklecha v. Jagjiwan and others, [(1972) 1 SCC
826], this Court while dealing with an election petition dealt with the importance of
disclosure of source of information in an affidavit. This Court held that non-
disclosure will indicate that the election petitioner did not come forward with the
source of information at the first opportunity. The importance of disclosing such
source is to give the other side notice of the same and also to give an opportunity
to the other side to test the veracity and genuineness of the source of information.
The same principle also applies to the petitioner in this petition under Article 32
which is based on allegations of political motivation against some political parties
in causing alleged interception of his telephone. The absence of such disclosure in
the affidavit, which was filed along with the petition, raises a prima facie impression
that the writ petition was based on unreliable facts.
In case of M/s Sukhwinder Pal Bipan Kumar and others v.
State of Punjab and others, [(1982) 1 SCC 31], a three
Judge Bench of this Court in dealing with petitions under
Article 32 of the Constitution held that under Order XIX
Rule 3 of the Code it was incumbent upon the deponent
to disclose the nature and source of his knowledge with
sufficient particulars. In a case where allegations in the
petition are not affirmed, as aforesaid, it cannot be
treated as supported by an affidavit as required by law.
Consequences Of Filing A False
Affidavit
 A false affidavit is one in which a person deliberately swears false and
frivolous statements to be true, correct and accurate in an affidavit and signs
it, in order to deceive and mislead the Court. This causes inordinate delay in
proceedings and is a clear misuse of the judicial process. Filing of false
affidavit is an offence of perjury under the provisions of the Indian Penal
Code. It is a criminal offence under Section 191,193,195,199 of Indian Penal
Code, 1860 to make false affidavit in one’s pleadings or filing false affidavit
or false document in evidence before court of law. Further, criminal contempt
of court proceedings can be initiated against the person filing false affidavit.
 Criminal proceeding may be initiated against the guilty
by making an application under section 340 Read with
section 195 of Code of Criminal Procedure, 1973 before
the criminal or civil court for giving false evidence.
 When false affidavit or false documents are given in any
quasi-judicial or administrative proceedings, then a
private complaint can be filed under Section 200 of the
Code of Criminal Procedure, 1973 before the competent
magistrate.
 Criminal proceeding may be initiated against the guilty by making
an application under section 340 Read with section 195 of Code
of Criminal Procedure, 1973 before the criminal or civil court for
giving false evidence.
 When false affidavit or false documents are given in any quasi-
judicial or administrative proceedings, then a private complaint
can be filed under Section 200 of the Code of Criminal Procedure,
1973 before the competent magistrate.
 In case of M/s Sukhwinder Pal Bipan Kumar and others v. State of Punjab and
others, [(1982) 1 SCC 31], a three Judge Bench of this Court in dealing with
petitions under Article 32 of the Constitution held that under Order XIX Rule 3 of
the Code it was incumbent upon the deponent to disclose the nature and source of
his knowledge with sufficient particulars. In a case where allegations in the petition
are not affirmed, as aforesaid, it cannot be treated as supported by an affidavit as
required by law.
 The purpose of Rules 5 and 13 of the Supreme Court Rules, set out above, has been
explained by this Court in the case of Smt. Savitramma v. Cicil Naronha and
another, AIR 1988 SCC 1987. This Court held, in para 2 at page 1988, as follows: "...In
the case of statements based on information the deponent shall disclose the source of
his information. Similar provisions are contained in Order 19, Rule 3 of the Code of Civil
Procedure. Affidavit is a mode of placing evidence before the Court. A party may prove
a fact or facts by means of affidavit before this Court but such affidavit should be in
accordance with Order XI, Rules 5 and 13 of the Supreme Court Rules. The purpose
underlying Rules 5 and 13 of Order XI of the Supreme Court Rules is to enable the
Court to find out as to whether it would be safe to act on such evidence and to enable
the court to know as to what facts are based in the affidavit on the basis of personal
knowledge, information and belief as this is relevant for the purpose of appreciating the
evidence placed before the Court, in the form of affidavit...."
THANK YOU

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Affidavit - Civil Procedure Code,1908

  • 2. What Is An Affidavit?  An affidavit is a sworn statement of facts by a person who knows that such facts and circumstances have taken place. The person who makes such statement and signs it is known as a deponent. An affidavit is a written document signed by the deponent, confirming that the contents of the affidavit are true and correct to his knowledge and he has concealed nothing material therefrom.  It is duly attested/ affirmed by the Notary or Oath Commissioner. Such Notary/ Oath Commissioners are appointed by the Court of Law. The duty of the Notary/ Oath Commissioners is to ensure that the signature of the deponent are not forged. Hence, the deponent himself needs to be present before the Notary/ Oath Commissioner during the attestation of the affidavit.
  • 3.  The person making the affidavit (the deponent) must sign the bottom of each page in the presence of an authorized person, such as a lawyer. Further, the affidavit must contain the full name, address, occupation and signature of the person (deponent) making such affidavit and the date & place where such affidavit is made.  The affidavit must contain facts and circumstances known to a person and must not set out the opinions and beliefs of the deponent. Further, one should avoid referring to facts that are based on information received from others (known as hearsay evidence). However, if the person is giving evidence as an expert; for instance, a psychologist or licensed valuer, then his opinion might be stated in the affidavit.
  • 4. Affidavit as “Evidence”  Affidavit is treated as “evidence” within the meaning of Section 3 of The Evidence Act. However, in the matter of Khandesh Spg & Wvg Mills CO. Ltd. Vs Rashtriya Girni Kamgar Sangh, citation 1960 AIR571, 1960 SCR(2) 841, it was held by the Supreme Court that an affidavit can be used as evidence only if the Court so orders for sufficient reasons, namely, the right of the opposite party to have the deponent produced for cross-examination. Therefore, an affidavit cannot ordinarily be used as evidence in absence of a specific order of the Court.
  • 5.  Further, the law pertaining to affidavits is covered under Section 139 and Order XIX of Code of Civil Procedure, 1908 along with Order XI of Supreme Court Rules. Order XIX of Code of Civil Procedure, 1908 empowers the Court to order at any point of time, any particular fact or facts to be proved by affidavit. But the Court shall not make such order, where it appears to the Court that either party desires the production of a witness for cross-examination and that such witness can be produced.  The Supreme Court in Amar Singh v. Union of India and Others, has issued directions to the courts registry to carefully scrutinize all affidavits, petitions and applications and reject those which do not conform to the requirements of Order XIX of the Code of Civil Procedure and Order XI of the Supreme Court Rules. The Supreme Court has highlighted the importance of affidavits in this judgment and has discussed various judicial pronouncements on the aspect.
  • 6.  The importance of affidavits strictly conforming to the requirements of Order XIX Rule 3 of the Code has been laid down by the Calcutta High Court as early as in 1910 in the case of Padmabati Dasi v. Rasik Lal Dhar [(1910) Indian Law Reporter 37 Calcutta 259]. An erudite Bench, comprising Chief Justice Lawrence H. Jenkins and Woodroffe, J. lay down: “We desire to impress on those who propose to rely on affidavits that, in future, the provisions of Order XIX, Rule 3, must be strictly observed, and every affidavit should clearly express how much is a statement of the deponent’s knowledge and how much is a statement of his belief, and the grounds of belief must be stated with sufficient particularity to enable the Court to judge whether it would be sage to act on the deponent’s belief.”
  • 7.  In the case of Virendra Kumar Saklecha v. Jagjiwan and others, [(1972) 1 SCC 826], this Court while dealing with an election petition dealt with the importance of disclosure of source of information in an affidavit. This Court held that non- disclosure will indicate that the election petitioner did not come forward with the source of information at the first opportunity. The importance of disclosing such source is to give the other side notice of the same and also to give an opportunity to the other side to test the veracity and genuineness of the source of information. The same principle also applies to the petitioner in this petition under Article 32 which is based on allegations of political motivation against some political parties in causing alleged interception of his telephone. The absence of such disclosure in the affidavit, which was filed along with the petition, raises a prima facie impression that the writ petition was based on unreliable facts.
  • 8. In case of M/s Sukhwinder Pal Bipan Kumar and others v. State of Punjab and others, [(1982) 1 SCC 31], a three Judge Bench of this Court in dealing with petitions under Article 32 of the Constitution held that under Order XIX Rule 3 of the Code it was incumbent upon the deponent to disclose the nature and source of his knowledge with sufficient particulars. In a case where allegations in the petition are not affirmed, as aforesaid, it cannot be treated as supported by an affidavit as required by law.
  • 9. Consequences Of Filing A False Affidavit  A false affidavit is one in which a person deliberately swears false and frivolous statements to be true, correct and accurate in an affidavit and signs it, in order to deceive and mislead the Court. This causes inordinate delay in proceedings and is a clear misuse of the judicial process. Filing of false affidavit is an offence of perjury under the provisions of the Indian Penal Code. It is a criminal offence under Section 191,193,195,199 of Indian Penal Code, 1860 to make false affidavit in one’s pleadings or filing false affidavit or false document in evidence before court of law. Further, criminal contempt of court proceedings can be initiated against the person filing false affidavit.
  • 10.  Criminal proceeding may be initiated against the guilty by making an application under section 340 Read with section 195 of Code of Criminal Procedure, 1973 before the criminal or civil court for giving false evidence.  When false affidavit or false documents are given in any quasi-judicial or administrative proceedings, then a private complaint can be filed under Section 200 of the Code of Criminal Procedure, 1973 before the competent magistrate.  Criminal proceeding may be initiated against the guilty by making an application under section 340 Read with section 195 of Code of Criminal Procedure, 1973 before the criminal or civil court for giving false evidence.  When false affidavit or false documents are given in any quasi- judicial or administrative proceedings, then a private complaint can be filed under Section 200 of the Code of Criminal Procedure, 1973 before the competent magistrate.
  • 11.  In case of M/s Sukhwinder Pal Bipan Kumar and others v. State of Punjab and others, [(1982) 1 SCC 31], a three Judge Bench of this Court in dealing with petitions under Article 32 of the Constitution held that under Order XIX Rule 3 of the Code it was incumbent upon the deponent to disclose the nature and source of his knowledge with sufficient particulars. In a case where allegations in the petition are not affirmed, as aforesaid, it cannot be treated as supported by an affidavit as required by law.
  • 12.  The purpose of Rules 5 and 13 of the Supreme Court Rules, set out above, has been explained by this Court in the case of Smt. Savitramma v. Cicil Naronha and another, AIR 1988 SCC 1987. This Court held, in para 2 at page 1988, as follows: "...In the case of statements based on information the deponent shall disclose the source of his information. Similar provisions are contained in Order 19, Rule 3 of the Code of Civil Procedure. Affidavit is a mode of placing evidence before the Court. A party may prove a fact or facts by means of affidavit before this Court but such affidavit should be in accordance with Order XI, Rules 5 and 13 of the Supreme Court Rules. The purpose underlying Rules 5 and 13 of Order XI of the Supreme Court Rules is to enable the Court to find out as to whether it would be safe to act on such evidence and to enable the court to know as to what facts are based in the affidavit on the basis of personal knowledge, information and belief as this is relevant for the purpose of appreciating the evidence placed before the Court, in the form of affidavit...."