What is an Affiant? Definition, Duties, Responsibilities and Legal Importance in 2025

Legal documents often rely on sworn statements, and this is where the role of an affiant becomes central. To understand what an affiant is, think of someone making a formal declaration of facts in writing, backed by an oath of truthfulness. The affiant's meaning is tied to the person who signs an affidavit, confirming the accuracy of its contents. For example, if someone loses their certificates and needs to provide proof, the affidavit they submit would be signed by them as the affiant.

What is an Affiant?

The formal affiant definition under Indian law is a person who gives a written testimony or statement of facts under oath. This sworn statement is documented in a legal instrument called an affidavit. The affiant in the affidavit is the central figure, as they are the individual personally vouching for the veracity of the information presented. The importance of this role lies in creating a legally reliable document that can be used as evidence or for official record-keeping purposes. [1][2]

Who Can Be an Affiant?

To understand who can be an affiant, it is important to know the legal requirements for this role. An affiant must be a person who is legally competent to make a sworn statement. This generally means the individual must be of the age of majority (18 years or older) and of sound mind, capable of understanding the contents of the affidavit and the legal consequences of signing it. [1][3]

Duties and Responsibilities of an Affiant

An affiant has several crucial duties and responsibilities that underscore the seriousness of their role in the legal process.

• To State the Truth: The foremost duty is to ensure that all statements made in the affidavit are true and accurate to the best of their personal knowledge.
• To swear an Oath: The affiant must formally swear an oath or make an affirmation before an authorised official like a Notary Public that the contents of the affidavit are true. [2]
• To Understand the Content: It is the affiant's responsibility to read and understand the entire affidavit before signing, as its contents legally bind them. [1]
• To Disclose the Source of Information: If any statement is not based on the affiant's direct knowledge but on information received from another source, the affiant must disclose that source in the affidavit.  [3]

Rights and Liabilities of an Affiant

While the role is primarily about responsibility, an affiant does have rights, balanced by significant liabilities. The primary right of an affiant is to make a voluntary declaration without coercion. However, this is coupled with a major legal liability: if an affiant knowingly makes a false statement in an affidavit, they can be charged with the criminal offence of perjury. Under the Indian Penal Code, this is a serious crime with penalties that can include fines and imprisonment. [1][3]

Common Documents Where an Affiant is Required

The role of an affiant is central to many common legal and administrative documents that require a sworn declaration of facts, and professional affidavit services assist in preparing, verifying, and notarizing these declarations to ensure their legal validity. [3]

• Affidavits for Name Change: The person changing their name is the affiant.
• Education Gap Affidavits: The student explaining their academic break is the affiant.
• Proof of Income Affidavits: The individual declaring their income is the affiant.
• Power of Attorney Documents: The person granting the power (the principal) often signs an affidavit as the affiant.
• Applications for Passports and Visas: Certain declarations within these applications are made as an affiant.
• Court Petitions and Filings: Many documents submitted to a court require a supporting affidavit from the petitioner, who acts as the affiant.

Difference Between Affiant, Deponent, and Witness

While these terms are often used in legal contexts, they have distinct meanings. Understanding the difference between affiant and deponent is particularly important. [1][2]

Legal Documents Requiring an Affiant

An affiant is required for any legal document that needs to be presented as a sworn statement of facts. These documents are used when a formal, personal declaration is necessary. [3]

The most common legal documents that require an individual to act as an affiant in an affidavit are:

• Affidavits for various purposes (e.g., change of name, proof of address/income).
• Applications for government-issued documents like passports.
• Certain declarations filed in court as part of a legal case.
• Loan applications where a self-declaration of certain facts is needed.

Examples of When You Need to Be an Affiant

You may need to act as an affiant in many common life situations. These examples illustrate when you would need to prepare and sign an affidavit. [1][3]

• When you have lost your original educational certificates and need to apply for duplicates.
• When you are applying for a marriage certificate, you need to declare your age and marital status.
• When you legally change your name, you need to declare your old and new names.
• When a student takes a gap year, they need to provide a formal reason to a university.

How Can NoBroker’s Affidavit Services Help?

Understanding what is an affiant is the first step, but preparing the actual affidavit can be a complex process. NoBroker simplifies this with its professional legal services. We can help you draft a precise and legally compliant affidavit for any purpose, print it on the correct value stamp paper, and get it notarised by a qualified professional, all through a streamlined and convenient process, ensuring your document is prepared correctly.