Non Judicial affidavits are required to declare a statement of fact(s) before a non judicial authority such as Passport Office, Schools, Post Offices, Banks, etc. The main purpose of the Non-Judicial affidavit is to assert fact(s) on oath where there is no body to contest that fact.
Parts of Non-Judicial Affidavits
There are five main parts of a Non Judicial Affidavit.
- Non Judicial Stamp Paper
- Affirmation by Deponent
- Assertion of Facts
- Verification by the Deponent
- Attestation by Notary/Oath Commissioner.
1. Non Judicial Stamp Paper
It is very important that the Stamp Paper must be a “Non Judicial ” stamp paper. Generally in most of the Indian states the value of stamp paper required for Affidavit is Rs. 20.00 but it is always better to use a higher value stamp paper.
The Stamp paper can be a regular stamp paper or the e-stamp.
The stamp paper is valid for next six months from the date of purchase. After that it can not be used for the purpose of Affidavit
2. Affirmation by Deponent
The Affidavit must have the wordings same or similar to ”Solemnly affirm and declare“. The Deponent is the person giving the affidavit. The Affidavit must identify the Deponent in it with his/her complete name and address. Usually the wording of an affidavits runs as”
I, …………………… Son/Daughter/ wife of ……………………….. resident of ………………………………… …………… ………….. India, do hereby solemnly affirm and declare as under:-
3. Assertion of Fact(s)
Right after the affirmation part, the assertion of fact would be made in a numbered order. The statements made in the this part must be based on the first hand knowledge. The information received form any other person about the fact should not be written.
A tells B about ‘something’. Then B can not file an affidavit based on the information received from A about ‘something’.
There must not be any wrong or false assertion about any fact. The wrong or false assertion on oath is a punishable crime by law. There would be a signature of Deponent after the completion of assertion of facts.
4. Verification by Deponent
The verification content runs as ”
It is verified at <Place of Verification> on this <Date of Verification>, that the contents of this affidavit are true and correct to the best of my knowledge and nothing has been concealed therein.
The verification would be followed by the signature of Deponent
5. Attestation by Notary Public / Oath Commissioner
No affidavit is valid to use without the Attestation. The Attestation signifies that deponent took the oath before the Attesting person.
In India the Attesting person can be a Oath Commissioner, Notary Public, Executive Magistrate, or a Judicial Magistrate.
To be valid, the attestation must be signed and should have the official seal of the Attesting authority.