General and appearance
Affidavit format for Indian courts
The correct structure of a court affidavit in India: deponent details, paragraph numbering, verification clause, attestation and the common defects that get an affidavit rejected.
An affidavit is a written statement of facts sworn or affirmed before an authority competent to administer an oath, filed under Order XIX of the Code of Civil Procedure, 1908. It must state only facts within the deponent's personal knowledge (or clearly identify the source of information and belief), be numbered paragraph by paragraph, end with a verification clause specifying which paragraphs are true to knowledge and which to information, and be attested by an authority empowered under Section 139 CPC.
- Governed by
- Order XIX, Code of Civil Procedure, 1908
- Section 139, Code of Civil Procedure, 1908 (authority to administer oath)
- Bharatiya Sakshya Adhiniyam, 2023 for evidentiary value
- Where it is filed
- Filed in support of applications, petitions and interlocutory reliefs in every civil and criminal court, and as evidence-in-chief in proceedings where the court so directs.
- Who files it
- The deponent: the party, an authorised representative, or a person with personal knowledge of the facts.
- Court fee and stamp
- Stamp value as prescribed by the State Stamp Act for affidavits, plus notarial or attestation charges.
- Languages PleadEasy drafts this in
- English, Hindi, Tamil, Malayalam
What a affidavit must contain
The parts below are the structure of the document in filing order. The operative wording is a matter for the drafting advocate and for the practice of the court concerned.
1.Cause title
The court, case number and party array, matching the main proceeding exactly.
2.Deponent's identification
Full name, age, occupation, father's or husband's name, and residential address of the deponent, with the capacity in which the affidavit is sworn.
3.Numbered averments
Each fact in its own numbered paragraph, in chronological order, confined to facts and not argument or law.
4.Source of knowledge
Where a fact is not within personal knowledge, the paragraph must say so and identify the record or person it comes from.
5.Prayer or purpose
The relief the affidavit supports, or a statement of the purpose for which it is sworn.
6.Verification
A clause identifying, by paragraph number, what is true to the deponent's own knowledge and what is true to information and belief, with place and date.
7.Attestation
Sworn or affirmed before a Notary, Oath Commissioner or other authority competent under Section 139 CPC, with seal and register number.
Mistakes that get this document returned
- A blanket verification saying the whole affidavit is true to knowledge when several paragraphs are plainly on information.
- Arguing law or characterising the opponent's conduct instead of stating facts.
- Missing the deponent's age and address, which most district courts insist on.
- Annexures referred to in the body but not marked, paginated or attested.
- Attestation date earlier than the date of the facts deposed to.
Frequently asked questions
Who can attest an affidavit in India?
Any authority empowered under Section 139 CPC, which includes a Notary appointed under the Notaries Act, 1952, an Oath Commissioner appointed by the court, and specified judicial officers.
Is an affidavit evidence?
An affidavit is not evidence in the ordinary sense unless the court orders under Order XIX CPC that a fact be proved by affidavit, or a statute permits evidence on affidavit. It is otherwise used to support applications.
What is the correct verification clause?
One that separates paragraphs true to personal knowledge from paragraphs true to information received and believed to be true, and states the place and date of swearing. A verification that does not distinguish the two is a defect.
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Related formats
Last reviewed 30 August 2026. This guide is general information about court procedure for advocates. It is not legal advice and does not replace the rules of practice of the court you are filing in.