Introduction

Affidavit means a sworn statement in writing made especially under oath or on affirmation before an authorized officer or Magistrate. Though the expression affidavit has not been defined in the Civil Procedure Code, 1908 (CPC).

Affidavit

• It is considered as a declaration of facts, made in writing sworn before a person having authority to administer oath.
• Every affidavit should be drawn up in the first person and should contain only facts and not inferences.
• Order XIX of CPC deals with the provision relating to affidavits.

Essentials of Affidavit

• The essential elements of an affidavit are:
  • It must be a declaration made by a person.
  • It must relate to facts.
  • It must be in writing.
  • It must be in the first person.
  • Must be sworn or affirmed before a Magistrate or any other authorized officer.

Contents of Affidavit

• An affidavit should be confined to such facts as the deponent is able to prove to his personal knowledge.
• Rule 3(1) of Order XIX of CPC states that the affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications, on which statements of his belief may be admitted; provided that the grounds thereof are stated.
• Rule 3(2) of Order XIX of CPC states that the costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative matter, or copies of or extracts from documents, shall (unless the Court otherwise directs) be paid by the party filing the same.

Verification of Affidavit

• An affidavit should be verified.
• The importance of verification is to test the genuineness and authenticity of the of the averments and allegations made by the deponent.

Affidavit by State

• Affidavits on behalf of the State should be filed with a sense of responsibility.
• Contradictory affidavits filed by one and the same officer are unworthy of the spokesman of the government and shows utter disregard for veracity.

Power to Prove by Affidavits

• Rule 1 of Order XIX of CPC deals with the power to order any point to be proved by affidavit.
• It states that any Court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions as the Court thinks reasonable.
• Provided that where it appears to the Court that either party bona fide desires the production of a witness for cross-examination, and that such witness can be produced, an order shall not be made authorizing the evidence of such witness to be given by affidavit.

Evidence on Affidavit

• A Court may order that the any fact may be proved by affidavit.
• If the affidavits are not properly verified and are in conformity with the rules, they will be rejected by the Court.
• Rule 2 of Order XIX of CPC deals with the power to order attendance of deponent for cross-examination. It states that-

(1) Upon any application evidence may be given by affidavit, but the Court may, at the instance of either party, order the attendance for cross-examination of the deponent.

(2) Such attendance shall be in Court, unless the deponent is exempted from personal appearance in Court, or the Court otherwise directs.

False Affidavit

• Swearing of false affidavit is an offence of perjury punishable under the provisions of the Indian Penal Code, 1860 (IPC).
• It is a grave and serious matter, and a lenient view is not warranted.