An affidavit is a written statement of facts that you swear or affirm to be true, signed by you and attested by a person authorised to administer oaths, such as a notary public, an oath commissioner or a magistrate. To make one, write numbered paragraphs in the first person, add a verification clause stating which paragraphs are true to your knowledge, print it on the stamp paper your state requires if any, and sign before the attesting officer. Not legal advice: this guide is general information, and requirements differ by state and by the office that asks for the affidavit.
Affidavit, self-declaration, NOC and undertaking
- Affidavit: a sworn statement of facts. It can be used as evidence or as proof for an office, and a false statement in it is an offence.
- Self-declaration: a signed statement by you, often without an oath, accepted by some offices in place of an affidavit. Many forms now accept a self-declaration where they once demanded a notarised affidavit.
- No Objection Certificate (NOC): a document from a person who has a right or interest (a landlord, an employer, a parent) saying that they do not object to something, such as using a rented address or a minor travelling.
- Undertaking: a promise to do or not do something, which is binding on you.
Before you spend money on stamp paper and notarisation, ask the office that wants the document (the passport office, a school, a bank, a court) what it requires. The central government’s self-attestation policy, for example, allows self-attested copies of documents for many services without a notary, though individual offices may still ask for affidavits for particular purposes.
Step by step
- Identify the purpose and the audience. A court affidavit, a change of name affidavit and a proof of address affidavit have different wording and attachments.
- Draft in the first person. Begin with the title (for example “Affidavit of Priya Sharma”), then the deponent’s name, parentage, age, occupation and address, and state that the deponent does solemnly affirm and state as follows.
- Numbered paragraphs. Each paragraph states one fact. Separate what you know from your own knowledge from what you believe on information, and say the source for the latter.
- Verification clause. The closing clause says, in substance, that the contents of paragraphs so-and-so are true to your knowledge, those of other paragraphs are true to your belief on information, that nothing is false and nothing material has been concealed. It records the place and the date.
- Stamp paper. Whether you need stamp paper, and of what value, is decided by the state. Some states require it for most affidavits; many courts accept plain paper for affidavits filed in a case. E-stamping is available in many places. Ask the office or check the state stamp schedule.
- Sign before the attesting officer. Carry original identity proof. The deponent signs in the presence of the officer, who verifies identity and records the date, place and registration number on the document.
- Annex documents. Attach the proofs you refer to, each marked as an annexure.
- Keep copies. One original goes to the requesting office. Keep a scan for yourself.
Who can attest
A notary public appointed under the Notaries Act, 1952; an oath commissioner appointed by a High Court or a District Court (typically for affidavits in court); a magistrate; and in some cases a gazetted officer for certain forms. Rules on who can attest what differ by court and by office. An affidavit for use in court is usually attested by an oath commissioner or a notary as the court rules prescribe.
Common types and what each needs
- General affidavit: for facts you want to state formally, such as a lost document or a personal declaration.
- Change of name: usually combined with a newspaper notice and gazette notification. State your old and new names, why you are changing them and that you are not doing it for any unlawful purpose.
- Proof of address: your present address, how long you have lived there and with whom. Attach any available documents.
- Education gap: the period and the reason for the gap.
- Income self-declaration: your sources of income and the amount. Be accurate, because understatement can be used against you.
- Lost documents: what was lost, when and where, the police complaint number if a complaint was made, and a promise to inform the authority if the document is found.
- NOC from a landlord or owner, or from a parent or guardian: a statement that they have no objection, identifying the person and the purpose, with their identity proof and signature.
The cost of a false affidavit
A false statement in an affidavit is an offence under the Bharatiya Nyaya Sanhita, 2023. Section 227 defines giving false evidence, section 229 prescribes the punishment, with a higher punishment where the false evidence is given in a judicial proceeding, and sections 236 and 237 cover a false statement made in a declaration that the law allows to be received as evidence, and corruptly using such a declaration as true. Courts can also reject a petition, impose costs or take action for contempt in serious cases. The safe approach is to include only what you know and can prove, and to say “to the best of my knowledge” only where that is true.
Common mistakes
- Copying a template without changing facts, including the wrong parentage or address.
- Signing before the attesting officer is present, or signing on blank pages.
- Using stamp paper from a different state, or paper that is too old for that state’s rules.
- Mixing knowledge and belief in the same paragraph without saying which is which.
- No annexures, or annexures that are not marked.
- Using an affidavit where a self-declaration is enough, or vice versa.
- Forgetting that a notary’s attestation does not make the contents true; it only records that you signed and swore.
Templates
Lexfolio’s Affidavit, NOC and Self-Declaration Set (English and Hindi) is listed on its product page as nineteen editable templates, with a guide on affidavits, self-declarations, NOCs and undertakings, who can attest, stamp paper and e-stamp basics, the self-attestation policy and verification clause wording in English and Hindi. Formats include a general affidavit, change of name, proof of address, education gap, income self-declaration, lost documents, and NOCs from a landlord or owner and from a parent or guardian in both languages, and NOC from an employer, a character and no-criminal-case declaration and a general undertaking in English only. The page states the law as of 18 October 2026 and describes the set as model formats and general guidance, so each template must be adapted to your facts and to the requirements of the office asking for it.
Useful books for this topic
- Bare acts of the new criminal laws (BNS, BNSS, BSA)
- Code of Civil Procedure bare act
- Legal drafting and conveyancing books
- Constitution of India (coat pocket edition)
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