The Difference Between Affidavit And Declaration: Meaning, Uses, and Legal Validity

Both an affidavit and a declaration are written statements asserting the truth of facts, yet they differ significantly in their legal authority and procedural formality. The core difference between an affidavit and a declaration lies in the requirement of an oath: an affidavit is a sworn statement, making the signatory legally liable for perjury if the content is proven false, whereas a declaration is a solemn affirmation without that formal oath. While both documents are used in official capacities, an affidavit holds much higher evidential weight and is mandatory for court-related matters.

What Is an Affidavit? 

An affidavit is a formal, written statement of facts made by an affiant and executed under oath. This requirement means the affiant is legally bound to the truthfulness of every statement within the document, and they can be lawfully charged if the content is later proven false. The affidavit must be signed and sworn before an authorized official, typically a Notary Public or an Oath Commissioner, who confirms the affiant's identity and the information provided. Only then is the affidavit considered viable. [2] [3] [4] [5]

What Is a Declaration? 

A declaration is a solemn written affirmation that the stated contents are true and correct, but complex; it does not involve the formal procedure of oath-taking before a Notary Public or Oath Commissioner. Instead, it relies solely on the signatory's words. Declarations are typically self-declared statements, though they may sometimes be witnessed by a non-official party for internal record-keeping. Because a declaration lacks the legal solemnity of a sworn oath, it is generally used for simpler administrative, academic, or internal organizational purposes where formal, sworn legal proof is not mandated by statutory law or the judicial system. [6] [7]

Key Differences Between Affidavit and Declaration 

The core distinction between these two documents centers on the level of accountability imposed on the signatory and the legal weight courts and government agencies accord it. [1]

When Do You Need an Affidavit? 

The formal nature and high legal validity of an affidavit make it mandatory in situations like:  [1] [4] [2]

• Court matters: Affidavits are frequently used to present in writing, support applications, or provide evidence in lieu of a physical court appearance.
• Passport, visa, and government applications: High-stakes governmental processes often require an affidavit to verify background information.
• Property transactions: Affidavits are commonly required in property matters, such as declaring legal heirs when someone dies without a will (Affidavit of Heirship) or confirming property ownership details.
• Missing/incorrect documents: When official documents like a birth certificate or academic certificate are lost or contain errors, an affidavit is required to legally state the correct facts or the circumstances of the loss.
• Birth, name, identity, income affidavits: Any situation requiring a formal declaration of personal status, such as an affidavit for a name change or proof of income for an education loan, mandates the legal solemnity of an affidavit.

When Is a Declaration Enough? 

A declaration is sufficient and appropriate in situations like: [1] [6] [7]

• HR/employment forms: Simple forms confirming employment details, past work experience, or declarations of non-conflict of interest for internal company records typically rely on a declaration.
• Academic declarations: University forms requiring students to confirm the originality of their research, adherence to academic honesty policies, or meeting course requirements can be satisfied with a declaration.
• Self-certification for simple claims: Declarations are used for self-certifying simple claims or confirmations where the authority trusts the signatory's word.
• Vendor/contractor onboarding: Initial documents confirming a vendor's business details, banking information, or general compliance with internal policies often require only a declaration for record-keeping purposes.
• Internal company processes: Documents used for internal audits, departmental confirmations, or intra-office record updates that do not directly interface with external legal bodies or courts often utilize the simpler declaration format.

Legal Validity for Affidavit vs Declaration 

The legal standing of an affidavit is significantly higher than that of a declaration because it carries the weight of a court-recognized oath, imposing severe penalties for perjury. [1]

• Affidavits are admissible in court as evidence: Because the sworn affidavit before an authorized official, courts view it as a form of written testimony, making it generally admissible as evidence in legal proceedings.
• Declarations may be rejected in legal matters: While not entirely without merit, a declaration may be insufficient proof in formal legal or judicial proceedings because it lacks the procedural solemnity of an oath.
• Some authorities explicitly demand affidavits: Government agencies and legal bodies requiring the highest level of assurance of truthfulness will explicitly state that only an affidavit is acceptable for their purposes, rejecting a simple declaration.

Affidavit Format (general)

AFFIDAVIT FORMAT

(To be sworn before a Notary Public / Oath Commissioner / Magistrate)

I, __________________________, son/daughter/wife of __________________________, aged ____ years, residing at ________________________________________________________, do hereby solemnly affirm and state as follows:

1. That I am the deponent herein and I am well acquainted with the facts stated below.
2. That [clearly state the purpose of the affidavit in one sentence].
3. That [state the relevant facts in numbered paragraphs, in chronological order].
4. That [add any additional statements or clarifications as required].
5. That the statements made above are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

DEPONENT

(Signature of Deponent)

Name: __________________________
Date: __________________________
Place: __________________________

VERIFICATION

Verified at __________________________ on this ____ day of ______, 20, that the contents of the above affidavit are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

DEPONENT

(Signature)

ATTESTATION

Sworn/Affirmed before me on this ____ day of ______, 20 at __________________________.

Signature: __________________________
Name & Seal of Notary / Oath Commissioner

DECLARATION FORMAT

I, __________________________, son/daughter/wife of __________________________, aged ____ years, residing at ________________________________________________________, do hereby solemnly declare as follows:

1. That I am the declarant herein and I am fully competent to make this declaration.
2. That [clearly state the purpose of the declaration].
3. That [state the relevant facts/information in clear and concise numbered points].
4. That [include any additional statements required by the authority/institution].
5. That the above statements are true and correct to the best of my knowledge and belief, and nothing material has been concealed or misrepresented.

I solemnly declare that the above information is true and correct and that I understand that providing false information may attract legal consequences.

DECLARANT

(Signature)

Name: __________________________
Date: __________________________
Place: __________________________

Key Components of an Affidavit and a Declaration 

Though their structural appearance may look similar, the legal components that define their weight differ significantly, particularly in the verification clause. [2] [3] [4]

Affidavit 

• Title/Heading: Must clearly state the legal purpose (e.g., "Affidavit for Loss of Passport").
• Declarant Details: Full name, age, father's/husband's name, and complete residential address of the person making the sworn statement.
• Statement of Facts: Clear, concise facts written in numbered paragraphs, based on personal knowledge.
• Verification Clause: A final statement confirming the truth of the contents "to the best of my knowledge and belief," followed by the oath.
• Attestation: Requires the official signature, seal, and registration number of the Notary Public or Oath Commissioner.

Declaration 

• Title/Heading: Stated purpose (e.g., "Declaration of Compliance").
• Declarant Details: Full name and address of the person making the statement.
• Statement of Facts: Clear facts presented in a narrative or bulleted format.
• Affirmation: A final statement affirming the truthfulness of the content, often using language like "I solemnly declare that the above information is true."
• Signature: Requires only the signature of the person making the declaration and sometimes the signature of a non-official witness.

How NoBroker Can Help with Affidavits Services?

Understanding the exact legal distinction and ensuring your document meets the necessary format for an affidavit is essential. NoBroker simplifies this process by providing access to legally vetted affidavit templates and facilitating the required notarization. We ensure your document is correctly drafted, printed on the appropriate stamp paper, and sworn before a licensed official, protecting you from rejection and providing the legal validity of your sworn statement.