Author: Akanksha Jamre, Prestige Institute of Management and Research Indore MP
Overview
The evolution &importance of affidavits in the Indian legal system are discussed in this paper. They were formally created during the British period. The research delves into the legal framework that governs affidavits, their types, &their use in civil & criminal proceedings, thereby underlining their centrality in the contemporary judicial system.
EVOLUTION OF AFFIDAVIT
Background
Ancient Hindu law, which also placed high importance on truth-telling &swearing oaths in court – fed into a culture of sworn testimony. Certain texts such as the Manu Smriti emphasised orally given testimony, but it was under British colonial law that written affidavits were formally codified.
The IEA 1872, enacted during British Raj, standardised court procedures & codified a complete system regarding admissibility of evidence in courts. It introduced another aspect — an affidavit i.e., a statement in writing made by a person & affirmed by him to be true before any magistrate or officer authorised to administer oaths. In fact, for both civil & criminal cases too, since evidence could be led without an affiant having necessarily to visit the court.
The Code of Civil Procedure of 1908 further codified affidavit use, defining their form & legal content in an effort to facilitate the adjudication of cases as they multiplied & procedural rules grew more complex. Affidavits were seen as a useful device for accelerating the pace of litigation & ensuring a more methodical approach to case management. They also assisted litigants in presenting their best possible case.
But since independence, the role of the affidavit has expanded exponentially because it adapted itself to the requirement of modern legal challenges. Affidavits have now assumed a central role in an increasingly broad range of legal contexts-from administrative proceedings to family law disputes & controversies. & far from undermining the importance of affidavits in achieving justice certain high-profile cases have served only to reinforce this dependence on affidavits by the judiciary.
The affidavit, then, is a testament today to the enduring relevance of the sworn word as an instrument for maintaining the rule of law; a cornerstone of the Indian legal system, &an interface between ancient India &contemporary legal practice.
Common Law & Equity
Ancient Hindu law, which placed greater importance on truthfulness & swearing oaths in court, also fed into the institution of sworn testimony. Although writings such as the Manu smriti emphasise the centrality of oral evidence, it was British colonial law that codified the use of written affidavits in the form we know them today.
British rule Evidence act was passed which unified the legal procedures . This brought forward the concept of an affidavit-an account of facts given in writing, sworn in front of an authorized person. The practicality of an affidavit in proving something was recognized because an affiant is not needed before the court, & a new door opened into filing an affidavit in both criminal &civil cases.
The Code of Civil Procedure of 1908 codified the use of affidavits further when it gave out the form &legal content that should be there in an affidavit. Affidavits proved useful with the increased number of cases &ever-increasing legal procedures which made litigation cumbersome. These also assisted a better methodical handling of cases by the court, &even litigants could explain their cases well.
Once independence came, the role of the affidavit exploded as it increasingly acclimatised to the demands of contemporary legal problems. They came to be central to a wide range of legal issues, from administrative processes to family law & property conflicts. Key cases that highlighted the function of affidavits in the maintenance of justice have only fortified the judiciary’s dependence on them.
The affidavit, then, is a testament today to the continuing significance of the sworn statement in enforcing the rule of law & remains a cornerstone of the Indian legal system & a convergence of tradition &modern legal practice.
Statutory Recognition.
The law governing affidavits in India is primarily based on the “IEA of 1872” & the” Code of Civil Procedure of 1908”.affidavit refers to a written statement sworn to and it is accepted as evidence in court. The filing procedures for affidavits in civil matters come under The Code of Civil Procedure. It details the usage of affidavits in various applications &motions.
Further, certain enactments like the Registration Act & the Companies Act recognize & regulate the use of affidavits for various legal purposes. In itself, this is indicative of the importance of affidavits in Indian legal jurisprudence.
ROLE OF AFFIDAVITS IN CIVIL PROCEEDINGS
Types of Affidavits
Depending on the context in which affidavits are used in personal, business, or legal affairs, the purposes of affidavits vary. Summarized below are the different types.
Personal affidavits
Personal affidavits cover various issues involving a person’s life circumstances. Affidavits that pertain to identity, residence, domicile, financial liabilities, &economic conditions are commonly found in such documents. For instance, an affidavit of identity helps establish an individual’s identity in circumstances where paper documentation is insufficient.
Affidavits for Commercial & Corporate Affairs
This pertains to business affidavits, which involves commercial &corporate affairs. In cases of mergers & acquisitions & also for regulatory compliance, there are also legal transactions which require such affidavits. One common example would be the incorporation affidavit, stating the details of the formation of an organization.
Court Affidavits
Affidavits of court are those documents accepted in the course of a case that prove facts without personal testimonies. A few of them are affidavits of service, affidavits of merit, & affidavits of witness statements. These kinds of papers with certified statements help make the procedures in courts faster. For E.g., an affidavit of service ensures that copies of legal documents reach the right parties.
Due to their application, the several affidavits carry different weights at the law which impact court-related business &personal matters. This variety ensures that the affidavits well meet many legal requirements.
The Supreme Court, however, held that an affidavit can only be used as evidence if the Court so orders for adequate reasons (Khandesh Spinning &Weaving Mills CO. Ltd. Vs Rashtriya Girni Kamgar Sangh). Without the order of the court, it cannot be used as evidence.
Affidavits as Evidence
An affidavit will not be admitted as evidence by the court unless the law expressly allows it. The IEA exempts affidavits filed with any court or official.,an affidavit is not evidence. As noted in Sheoraj v. Batra, an affidavit of not-withstanding provision exempts the affidavit itself as long as it is made admissible by the CPC or any law under the CrPC. The case’s observation that a request made through the other party is pointless if the deponent refuses to appear for cross-examination is another one of its strong points.
In the case of Premlal v. Kunti Bai affidavits can’t be used as evidence without court’s order. Thus, no court can take cognizance of a declaration or affidavit filed in support of oneself. Legal requirements for the affidavit are also provided in Order XI of the Supreme Court Rules & Order XIX & section 139 of the Code of Civil Procedure.
Affidavits in Interim relief
Court procedures for injunctions are mostly based on affidavits filed in connection with applications for temporary relief. A party filing an affidavit before the court puts down its facts &circumstances of seeking temporary relief. This piece of written evidence is made to support its claim for the gravity of the situation &the resultant consequences without the relief.
On the other hand, the application for interim relief may also be challenged by opposing parties by submitting affidavits. These indicate any differences or contradictions with the claims submitted by the requesting party & provide some counterarguments while creating some doubts over the validity of the claims.
These affidavits are made to run through a crucible of analysis in the court with the aim of establishing if the claims so presented before it holds any truth or are likely to prosper in the principal action. It is in this manner that the interest of the party to litigation will be brought at par with the other who submits to the court an ordered & sworn account of facts upon which its discretion will decide if interim relief shall be granted or refused.
Affidavits in Disclosure & Discovery
An affidavit, therefore, is part & parcel of the formal manner in which the disclosure & discovery process will be reflected & recorded in the Indian legal system. Because such evidentiary presentation comes systematically before the court, they facilitate parties filing, say an affidavit of why these such-and-such materials are important to be necessary in cases whereby such documents come under litigation. The sworn nature ensures the other party discloses them. This is the use of affidavits to prove the authenticity of the documents used as evidence. This process enhances the integrity of judicial processes by ensuring fairness &allowing the court to make decisions based on well-informed information.
ADMISSIBILITY OF AFFIDAVITS
Requirements for Admissibility
Affidavit or Oath:
Upon affirmation or oath, an affidavit needs to be taken. For a declaration to be legally supported, the affiant must certify to the truth of words made in front of an officer authorized to administer an oath.
Signature:
The affiant’s signature must appear on an affidavit. The signature makes it explicit that the affiant indeed confirms his statements &it is his own personal acknowledgement of the contents.
Verification:
The final clause in an affidavit that should not be omitted would be the verification clause stating that to the best of his or her knowledge, the contents are true. A verification clause can be seen as appearing at the end of the affidavit. Verification plays an important role in aiding the court make decisions.
hearsay & opinion evidence
Information like, “I heard from someone else that,” is hearsay. That same witness often did not personally see or experience an event & so hearsay statement in affidavits are often inadmissible. Hearsay usually disqualifies an affidavit, but there are exceptions to this rule if the original speaker cannot testify, or if the statement was made spontaneously.
Speculation or Opinion — An affidavit is a document that sets forth only facts. i.e. the court cannot refuse statements of opinion, belief, & speculation. In an affidavit indicating such as “I suspect the defendant was acting suspiciously” is an opinion not a fact. The exact actions of the defendant that the witness found suspicious should go here.
CONCLUSION
The Importance of an Affidavit in Modern Legal Systems
Besides understanding what an affidavit is, it is imperative to learn the indispensable function of this document in modern legal systems.
To elaborate, an affidavit is such a crucial tool in courtrooms that it is easily admissible in both criminal &civil litigation. An affidavit sets in motion the legal system’s orderly course of justice by providing essential facts &facts for the elucidation of relevant transactions & events. It is a scenario that is manifested in many different circumstances, for E.g., criminal proceedings, where it is the major evidence, & custody battles, where the affidavit comes into play to ensure the child’s safety.
Affidavits are likewise required for the civil court procedure & so, they are equally important to the legal environment. Seemingly, they are irreplaceable in discovery &summary judgment actions where the court is endowed with first & testimony & perspective, which had the power to manipulate the case to where the proponent wants it to be. Moreover, sworn statements serve as the proof of return implied which enhances the probabilities of winning the case. A notary or commissioner of oaths should be on the scene to verify the affiant’s signature on the affidavits in order to assert their claims. The notary shows that this document is not a joke & that the affiant will be punished in case they mislead the court with the sworn statement. Increasing the legitimacy of affidavits by means of this verification mechanism, assures that the tendered affidavits will be accepted in court.
In general, affidavits can be used in most other administration of justice processes outside the courts &include real estate transactions as well as immigration applications. They are a very good &trusted tool that ensures a proper & trustworthy process through important information given under oath. Moreover, affidavits help maintain the integrity of the judicial system. For an affidavit, the serious consequences of false statements, for their part, inherently encourage honesty & deter perjury. They set up a framework where all parties are answerable, thus creating an environment that upholds integrity in court proceedings. The complexity of legal challenges the world faces calls for greater &more complex use of affidavits.
FAQS
1.Why affidavit is essential and what is it?
An affidavit is a written, sworn statement of facts made under oath before an authorized official. It holds legal value and is widely used in Indian courts to present facts without needing the person to appear in person. Affidavits help streamline legal procedures and ensure accountability through sworn declarations.
2.What constitutes a legally binding affidavit?
A legitimate affidavit needs to be
Be signed by the deponent.
Add a clause for verification.
Only include facts; don’t include hearsay or views.
The affidavit may become null or inadmissible if any of these conditions are not met.
3.In what contexts are affidavits frequently used?
Frequently used affidavits are in:
Criminal and civil cases
Family and property disputes
Commercial and corporate filings
Government procedures such as evidence of identity, income, or place of residence
