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Witness Affidavit for India

Witness Affidavit Template for India

A Witness Affidavit under Indian law is a formal written statement made under oath or affirmation, where a witness (deponent) provides testimony regarding facts or events within their personal knowledge. The document must comply with the Indian Oaths Act, 1969, and be executed before a competent authority such as a Notary Public or Oath Commissioner. It serves as evidence in legal proceedings and official matters, containing the deponent's personal information, their connection to the matter, and a detailed account of their testimony, concluded with a verification clause and proper attestation.

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What is a Witness Affidavit?

A Witness Affidavit is a crucial legal document used across various proceedings in India, from court cases to administrative matters. This sworn statement is executed under the provisions of the Indian Oaths Act, 1969, and must be attested by authorized officials such as Notaries Public or Oath Commissioners. The document is employed when formal testimony or declaration is required to support facts in legal proceedings, administrative matters, or official investigations. A Witness Affidavit typically contains the deponent's personal details, their relationship to the matter, and their testimony presented in a structured format with proper verification. It carries significant legal weight and can be used as evidence in courts, making false statements within it punishable under the Indian Penal Code.

What sections should be included in a Witness Affidavit?

1. Title and Cause Title: Identifies the court/authority, case number (if applicable), and parties involved

2. Deponent Details: Full name, age, occupation, and complete address of the witness making the affidavit

3. Solemn Affirmation: Standard declaration that the statements are being made under oath or solemn affirmation

4. Background and Capacity: Establishes the deponent's relationship to the case and basis of knowledge

5. Statement of Facts: The main testimony presented in numbered paragraphs, stating facts chronologically or logically

6. Verification Clause: Declaration that the contents are true and correct to the best of the deponent's knowledge

7. Signature Block: Space for deponent's signature, date, and place of signing

8. Notary Attestation: Official notary certification and stamps

What sections are optional to include in a Witness Affidavit?

1. List of Documents Relied Upon: Used when the testimony references specific documents or evidence

2. Declaration of Language: Required when the affidavit is read out to the deponent in a language other than English

3. Identification Proof: Required when specifically mandated by court or authority

4. Previous Statements: Used when the deponent needs to reference or correct previous testimonies

5. Additional Declarations: Any specific declarations required by the court or circumstance

What schedules should be included in a Witness Affidavit?

1. Exhibit A - Supporting Documents: Copies of documents referenced in the affidavit

2. Exhibit B - Photographic Evidence: Any photographs or visual evidence referenced in the testimony

3. Annexure - Identity Proof: Copies of government-issued ID or other identity documents

4. Annexure - Authority Documents: Any documents establishing the deponent's authority or capacity to testify

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

India

Publisher

Genie AI

Document Type

Witness Statement

Cost

Free to use

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