What Is an Affidavit? Meaning, Parts and Who Can Attest It

An affidavit is a written statement of facts that you swear or affirm to be true before an authorised person, such as a notary, an oath commissioner or a magistrate. The person making it is the deponent. A false affidavit can be punished as false evidence under the Bharatiya Nyaya Sanhita, 2023, with up to seven years in jail when used in court proceedings.

Key facts

Affidavit meaning in simple terms

An affidavit puts facts on record under oath. Courts accept it as evidence in many situations, and government offices, colleges and banks ask for one when they need a formal declaration. Examples include a changed name, a current address or a lost document.

The deponent should state only what they know. Order XIX, Rule 3 of the Code of Civil Procedure says affidavits “shall be confined to such facts as the deponent is able of his own knowledge to prove”. The exception is interlocutory applications, where statements of belief are allowed if the grounds are given.

Hinglish mein: Affidavit ek likhit bayan hai jisme aap kasam kha kar (ya affirm karke) kehte hain ki likhi hui baatein sach hain. Ise notary ya oath commissioner ke saamne sign kiya jata hai. Jo vyakti affidavit banata hai use deponent kehte hain. Jhootha affidavit dena BNS ke tahat saza wala apradh hai.

The parts of an affidavit

Courts and departments often prescribe their own format, so use theirs where one exists.

Who can attest an affidavit

Section 139 of the Code of Civil Procedure lists who may administer the oath for an affidavit under the Code:

• Any court or magistrate.
• A notary appointed under the Notaries Act, 1952.
• An officer or other person the High Court appoints for this, commonly called an oath commissioner.
• An officer appointed by another court that the state government has empowered.

Outside court cases, notaries are the usual choice. Section 8(1)(e) of the Notaries Act lets a notary “administer oath to, or take affidavit from, any person”. Some offices want attestation by a specific authority, such as an executive magistrate, so check the requirement first.

Steps at the notary:

1. Draft the affidavit and print it on stamp paper of the right value, or on plain paper if the document is exempt.
2. Take the unsigned affidavit and your photo ID to the notary.
3. Sign in the notary’s presence after confirming the contents are true.
4. The notary attests it with signature and seal and records it in the notarial register.

Does an affidavit need stamp paper?

Usually yes. An affidavit is chargeable under Article 4 of the stamp schedule, and each state sets the amount:

Other states differ. Some affidavits are exempt: the UP schedule exempts those made as a condition of enrolment in the armed forces, or only to receive a pension or charitable allowance. Maharashtra announced in March 2025 that affidavits for caste, income and nationality certificates would not need the ₹500 duty. Our page on stamp duty by state covers property documents, and the stamp duty calculator helps with deeds.

You can pay the duty with physical stamp paper or, in SHCIL’s 26 States and UTs, as an e-stamp.

Common types of affidavit

The office asking for the affidavit decides the wording, stamp value and attestation it will accept.

Consequences of a false affidavit

Section 227 of the Bharatiya Nyaya Sanhita, 2023 says a person bound by oath or by law to state the truth gives false evidence when they make a statement they know or believe to be false. An affidavit is made on oath, so a false one falls within it. Section 229 sets the punishment:

• In a judicial proceeding: jail up to seven years and a fine up to ₹10,000.
• In any other case: jail up to three years and a fine up to ₹5,000.

The BNS repealed the Indian Penal Code, which covered the same offence earlier. Beyond prosecution, an application backed by a false affidavit can be rejected or cancelled.

If your affidavit will be used in a court case or a property matter, have a lawyer draft or review it.

Frequently asked questions

What is the meaning of affidavit?

A written statement of facts that the deponent swears or affirms to be true before a notary, oath commissioner, magistrate or court.

What does deponent mean in an affidavit?

The deponent is the person who makes the affidavit and signs it under oath.

Affidavit kya hota hai?

Affidavit ek likhit bayan hai jo aap notary ya oath commissioner ke saamne kasam kha kar sach batate hain. Jhootha affidavit dena saza wala apradh hai.

Who can attest an affidavit?

Under Section 139 of the Code of Civil Procedure, a court or magistrate, a notary, or an officer appointed by the High Court or an empowered court.

What stamp paper is needed for an affidavit?

It depends on the state: ₹10 in Uttar Pradesh, ₹100 in Karnataka and ₹500 in Maharashtra, for example. Some affidavits are exempt.

What is the punishment for a false affidavit?

Under Section 229 of the BNS, up to seven years and a fine in a judicial proceeding, and up to three years and a fine in other cases.

Can an affidavit be made on plain paper?

Only if the affidavit is exempt from stamp duty or the office accepts it that way. Otherwise it needs stamp paper or an e-stamp of the right value.

Sources

• The Bharatiya Nyaya Sanhita, 2023 — Ministry of Home Affairs (checked 16 Sep 2026)
• Section 139, Code of Civil Procedure, 1908 — Indian Kanoon (checked 16 Sep 2026)
• Section 8, Notaries Act, 1952 — Indian Kanoon (checked 16 Sep 2026)
• Schedule I-B, Indian Stamp Act as applied to Uttar Pradesh — IGRS UP (checked 16 Sep 2026)
• Undertaking format (affidavit on ₹10 stamp paper) — Revenue Department, Delhi (checked 16 Sep 2026)
• Maharashtra Stamp (Amendment) Ordinance, 2024 — Maharashtra Legislature (checked 16 Sep 2026)
• Maharashtra waives stamp duty on affidavits for certificates — All India Radio News (checked 16 Sep 2026)
• Karnataka notifies Stamp (Amendment) Act, 2023 — Fox Mandal (checked 16 Sep 2026)
• e-Stamping — StockHolding (SHCIL) (checked 16 Sep 2026)