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Q.

Can Affidavit Be Used As Evidence?

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At some stage in your life, you will probably have to sign an affidavit, such as a financial affidavit, during regular personal or business transactions. So, you must know, can affidavit be used as evidence? As far as I know, you can't use affidavit as proof under the Indian Evidence Act, 1872. But there are cases where you can use it as evidence. Read on to get more details on it.

Can An Affidavit Be Used As Evidence?

An affidavit is a crucial legal document that is a written declaration signed under oath. You should know affidavits are used in court cases, both civil and criminal. 

  • Swearing an affidavit rather than presenting as a sworn witness in court can be more realistic and practicable for someone who has important evidence to submit.

  • You can use an affidavit as evidence. But, before that, go through the following points.

  • While affidavits can be used as supporting evidence, they are not conclusive proof. The deponent (the person who made the affidavit) may need to appear in court for cross-examination to validate the contents of the affidavit.

  • The admissibility of an affidavit as evidence depends on the case and, of course, the rules of the specific court. For instance, affidavits are used in civil cases and interlocutory applications.

  • In many cases, affidavits need to be attested by a notary public or magistrate to be valid.

I hope you found this helpful.

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Who can Sign an Affidavit in India

 

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