What is Sworn Affidavit: Meaning, Types, Uses, Format & Legal Validity in India

A sworn affidavit is a formal, written document containing a statement of facts that an individual asserts to be true, made under oath or affirmation before a legally authorized official. An affidavit carries the same weight as oral testimony in a courtroom, which is why understanding what an affidavit is is essential for citizens. This document is commonly required in legal, governmental, financial, and property-related matters because it provides verified facts under penalty of perjury. 

What Is a Sworn Affidavit? 

A sworn affidavit is a formal, written statement voluntarily made by an individual who asserts the information is true under oath or affirmation before an authorized legal official, such as a Notary Public. It is a legally binding document that carries the same weight as courtroom testimony, which is why institutions require it to verify identity, facts, or claims. This verification means that, due to the penalty of perjury attached to it, a properly notarized affidavit is treated as credible evidence in courts, government offices, banks, and property registration processes.

Legal Purpose of a Sworn Affidavit 

The primary legal function of an affidavit is to substitute for in-person testimony with a verifiable written declaration, which is essential for streamlining administrative and judicial processes. [1]

• Provides verified facts under oath: It establishes a clear, recorded account of facts that the affiant confirms to be absolutely true.
• Prevents fraud or false claims: The threat of criminal perjury charges is a powerful deterrent against submitting untruthful information.
• Used when official documents are missing or incorrect: It allows authorities to rely on a sworn statement when original documents are lost, damaged, or contain minor errors.
• Helps authorities rely on a sworn statement: It provides institutions with the legal assurance needed to proceed with matters such as property transfers or official documentation updates.

Types of Sworn Affidavits and Their Purpose 

The sworn affidavit type is determined by the specific purpose it is intended to serve. [2]

Components of a Sworn Affidavit 

To understand what does a sworn statement look like and ensure its legal validity, every affidavit must contain precise, non-negotiable elements. [3]

• Title identifying it as "Affidavit": Clearly states the nature of the document (e.g., Affidavit for Lost Driving License).
• Affiant's full name and address: An affiant is a person who makes and signs the affidavit. It is important that all his/her details are mentioned clearly. 
• Statement declaring facts under oath: A mandatory clause affirming that the facts are true to the affiant's personal knowledge.
• Numbered paragraphs with specific facts: The body of the statement is always divided into numbered points for clarity and ease of reference.
• Oath clause ("I swear/affirm that..."): The legal declaration where the affiant accepts responsibility for the truthfulness of the content.
• Affiant's signature: The physical signature of the person making the statement, signed in the official’s presence.
• Date of execution: The date on which the document was officially signed and sworn.
• Jurat section with notary signature and seal: The official stamp and signature of the Notary Public or authorized officer, attesting to the administration of the oath.

Documents Required to Create a Sworn Affidavit 

The legal officer must verify the affiant's identity and the relevance of the facts stated. Therefore, specific documentation is mandatory before the affidavit can be notarized. [4]

• Aadhaar/PAN or valid ID proof (for identity verification)
• Address proof (e.g., electricity bill, voter ID)
• Any supporting evidence (e.g., police report for a lost document)
• Passport-size photo (required for many administrative and government applications)
• Stamp paper (the value varies by local jurisdiction and state law)

How to Make a Sworn Affidavit? 

The process of creating a legally valid affidavit requires attention to correct formatting, appropriate stamp duty, and the official oath ceremony. This guides you on how to write an affidavit. [5]

Step 1: Draft the Affidavit

The document must be typed in the first person ("I," "my"). Include all personal details (name, father's name, address) and clearly list the factual declarations in numbered paragraphs.

Step 2: Use the Correct Stamp Paper

Purchase non-judicial stamp paper of the appropriate value (often ₹10 or ₹20 depending on state law and the document's purpose). The drafted text must be printed or typed onto this stamp paper. For certain documents, an e-affidavit may be used.

Step 3: Attach ID and Supporting Proof

Attach photocopies of the affiant's ID proof (Aadhaar, PAN) and any supporting evidence referenced in the affidavit (e.g., old certificate copy, police report).

Step 4: Visit a Notary/Magistrate

The affiant must personally visit a Notary Public, Oath Commissioner, or Magistrate. The statement must be signed in their physical presence to confirm identity and willingness.

Step 5: Get the Affidavit Notarised

The official will verify your identity, administer the oath (confirming the truthfulness of the statement), and then affix their signature, stamp, and seal. This finalizes the notarization, making it a legally valid and sworn document.

SWORN AFFIDAVIT FORMAT

I, [Full Name of Deponent],
son/daughter/wife of [Father’s/Husband’s Name],
aged [Age] years,
resident of [Full Residential Address],

do hereby solemnly affirm and declare as follows:

1. That I am the deponent herein and I am well acquainted with the facts stated in this affidavit.
2. That [state the main purpose of the affidavit clearly].
3. That [state facts in chronological order, one fact per numbered paragraph].
4. That the statements made above are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

VERIFICATION

I, [Full Name of Deponent], do hereby verify that the contents of paragraphs 1 to [last paragraph number] of this affidavit are true and correct to the best of my knowledge and belief.
No part of it is false and nothing material has been concealed.

Verified at [Place]
on this [Day] day of [Month, Year].

Signature of Deponent

Name: [Full Name]

SWORN BEFORE ME

Signature & Seal of
Notary Public / Oath Commissioner / Magistrate

Date: __________
Place: __________

Legal Validity of Sworn Affidavit in India 

The legal status of an affidavit depends directly on its proper execution and content, dictating how courts and government bodies view it. [6]

• Accepted as evidence in many legal cases: In administrative and quasi-judicial matters (like property transfer or tax issues), an affidavit is often accepted as prima facie evidence.
• Must be truthful; false affidavit = perjury (criminal offence): Intentionally submitting false information in an affidavit is a criminal offense under the Indian Penal Code, punishable by imprisonment and fines.
• Courts, banks, embassies recognize it: Properly notarized affidavits are recognized by virtually all major institutions. The process involves official notary attestation, which validates the document's authenticity.
• Courts use affidavits: While courts may not treat it as direct evidence, they become reliable if the affiant is presented for cross-examination.
• Practical validity duration: While there is no strict expiry date, authorities may require a recent affidavit if the facts concern circumstances that could change over time (e.g., current address).

How NoBroker Can Help with Sworn Affidavits 

NoBroker simplifies the often-complex process of creating legally valid affidavits, ensuring the document is correct and properly attested. NoBroker provides sworn affidavit templates for various purposes, assists with proper drafting and formatting to answer what does a sworn affidavit looks like, and ensures all required components are included. We arrange stamp paper procurement, connect you with verified notaries for oath administration, and guide you through the complete process to create legally valid sworn affidavits without unnecessary hassle.