Affidavit: Meaning, Requirements, Evidence and How to Write One

Affidavits are used in court proceedings, property matters, succession cases, family disputes, interim applications, government processes and many other legal situations. Yet the word is often used loosely.

A document does not become legally effective merely because its heading says “Affidavit.” Nor does an official stamp automatically prove that everything written in it is true. The person making the affidavit must adopt the statements under oath or solemn affirmation, the facts must be stated and verified in the manner required by the governing law, and the oath must be administered by an authority competent for that particular purpose.

Affidavit legal requirements, evidence rules and drafting guidance in Pakistan

An affidavit is a sworn or affirmed written statement whose validity and evidentiary effect depend on proper verification, competent oath administration and the governing procedural law.

There is an equally important evidentiary point. An affidavit may be used as written evidence where law permits it, but it does not automatically carry the same evidentiary effect as oral testimony in every proceeding. In appropriate cases, the deponent may still be required to appear for cross-examination.

Quick answer An affidavit is a written statement of facts that a person, known as the deponent or affiant, swears or solemnly affirms to be true before a person legally authorized to administer the oath or affirmation. Its validity and evidentiary effect depend on the law, court, purpose and procedure governing that particular affidavit.

This article explains what an affidavit is, its essential legal requirements, how affidavit evidence works, how personal knowledge differs from information and belief, who may administer an oath in Pakistan, the difference between an Oath Commissioner and a Notary Public, common drafting mistakes, false affidavits, and a practical affidavit format.

What is an affidavit?

An affidavit is a written statement made under oath or solemn affirmation.

Three elements normally lie at the centre of a conventional affidavit:

  • there is a written statement of facts;
  • a particular person adopts those statements as his or her own; and
  • the person swears or solemnly affirms their truth before someone legally competent to administer the oath or affirmation.

The person making the affidavit is generally called the deponent. The term affiant is also common, particularly in American legal usage.

The oath or affirmation distinguishes a conventional affidavit from an ordinary signed narrative. But the fact that a document has been sworn does not make every statement in it automatically admissible, conclusive or immune from challenge.

An affidavit is primarily concerned with facts. Whether information received from others, matters of belief, opinion or documentary material may be included depends on the governing procedural law and the purpose for which the affidavit is being used.

Why are affidavits used?

Affidavits allow facts to be formally placed before a court or authority in writing without requiring oral testimony on every preliminary or procedural matter.

They are commonly used for:

  • supporting or opposing interlocutory applications;
  • placing particular facts before a court;
  • applications for interim relief;
  • proof of service where the applicable procedure permits it;
  • identity, residence, relationship or status declarations;
  • succession, guardianship and property matters;
  • statutory applications requiring sworn verification;
  • election proceedings where the governing legislation requires an affidavit; and
  • other proceedings where a court directs that a fact may be proved by affidavit.

The legal purpose should always be identified before drafting begins. An affidavit for an interlocutory civil application does not necessarily have the same requirements as an election affidavit, affidavit of service or administrative declaration.

Who is a deponent?

The deponent is the person whose statement appears in the affidavit and who swears or affirms that statement.

The deponent therefore bears responsibility for the factual assertions made in the document. A lawyer may prepare the draft, but the evidence remains that of the deponent.

A properly drafted affidavit should make it possible to determine:

  • who the deponent is;
  • how the deponent is connected with the matter;
  • which facts the deponent personally knows;
  • which permitted statements are based on information received from another source; and
  • why the deponent believes such information to be true where belief evidence is legally admissible.

A person should not swear an affidavit merely because a prepared document has been placed before him or her for signature.

Essential parts of an affidavit

There is no single universal format for every affidavit, but a properly prepared affidavit ordinarily contains several recognizable elements.

1. Heading or title

If the affidavit relates to pending proceedings, it normally identifies the court, case number and parties.

A freestanding affidavit may instead identify the particular legal or administrative purpose for which it is made.

2. Identification of the deponent

The affidavit should identify the person making it sufficiently to remove uncertainty about whose evidence it contains.

Depending on the governing rules and purpose, identifying particulars may include:

  • full name;
  • parentage or spouse's name where relevant;
  • occupation;
  • residential or business address;
  • identity-card particulars where required; and
  • the deponent's relationship to the proceedings.

3. Introductory capacity

Where useful, the opening paragraphs should explain why the person is capable of speaking about the relevant facts.

For example:

“I am the plaintiff in the above-mentioned suit and am acquainted with the facts stated below.”

Such a statement does not, however, convert facts learned from somebody else into personal knowledge. Each substantive paragraph must still stand on its proper evidentiary basis.

4. Numbered factual paragraphs

The material facts should ordinarily be separated into numbered paragraphs.

This improves readability and makes it easier for the court, opposing party and deponent to identify exactly which assertion is admitted, denied, challenged or verified from a particular source.

5. Verification

Verification identifies the basis on which the deponent claims that the statements are true.

It should distinguish, where necessary, between:

  • facts true to personal knowledge; and
  • facts based on permitted information received and believed to be true.

A vague statement that every paragraph is “true to the best of my knowledge, information and belief” can obscure that distinction.

6. Signature or mark

The deponent signs the affidavit, or makes a legally permissible mark where appropriate, in accordance with the relevant procedure.

7. Jurat or official certification

The affidavit should then carry the certification showing that the oath or affirmation was actually taken before the competent person.

The jurat ordinarily records the date and place of execution and identifies the authority before whom the affidavit was sworn or affirmed.

Personal knowledge vs information and belief

This is one of the most important aspects of affidavit drafting.

An affidavit should not disguise hearsay as personal knowledge.

Order XIX Rule 3 CPC

Under Order XIX Rule 3 of the Code of Civil Procedure 1908, affidavits are ordinarily confined to facts that the deponent is able to prove from his or her own knowledge.

There is an important qualification for interlocutory applications. Statements of belief may be admitted there, provided the grounds for the belief are stated.

See the Code of Civil Procedure 1908 on Pakistan Code.

The rule means that a deponent should not simply state a conclusion as though personally witnessed when it actually comes from another person, record or source.

Compare these two statements:

Unclear: “The defendant has disposed of his property in order to defeat the decree.”

More precise: “On 10 August 2026, I obtained a certified copy of registered deed No. ___ showing that the defendant transferred Plot No. ___ to his brother after service of summons in this suit.”

The second form tells the court what fact the deponent actually relies upon and how it is known.

Information and belief should disclose their basis

Where a procedural rule permits information and belief, the affidavit should identify the source and grounds sufficiently to allow the court and opposing party to understand the basis of the statement.

For example:

“I am informed by Mr. A.B., Accounts Manager of the company, and believe the information to be true, that payment was received on 5 August 2026.”

Whether such a statement is admissible for the particular purpose still depends on the governing law.

What should not be put in an affidavit?

An affidavit is principally a vehicle for evidence, not a substitute for written legal arguments.

As a general drafting practice, avoid:

  • legal submissions presented as evidence;
  • rhetorical or inflammatory accusations;
  • speculation presented as fact;
  • unidentified hearsay;
  • irrelevant narrative;
  • scandalous or insulting allegations unrelated to the issue;
  • lengthy quotations from documents that can instead be identified and exhibited; and
  • conclusions that the court itself must ultimately decide.

A useful question for every factual paragraph is:

How does the deponent know this? If the answer is unclear, the paragraph should be reconsidered before the affidavit is sworn.

Is an affidavit evidence in court?

An affidavit can be evidence where the governing law or court permits facts to be proved by affidavit, but every affidavit does not automatically replace oral evidence.

Order XIX Rule 1 CPC

Order XIX Rule 1 allows a court, for sufficient reason, to order that a particular fact or facts may be proved by affidavit or that the affidavit of a witness may be read at the hearing.

But the rule contains an important safeguard. Where it appears that a party genuinely desires production of the witness for cross-examination and the witness can be produced, the rule protects that opportunity rather than treating written affidavit evidence as automatically sufficient.

Order XIX Rule 2 CPC

Order XIX Rule 2 also permits evidence to be given by affidavit on an application, while allowing the court, at the instance of either party, to order attendance of the deponent for cross-examination.

Important The fact that a statement has been sworn does not make its factual assertions conclusive. Admissibility, weight, source of knowledge and credibility remain capable of legal scrutiny.

This also explains why an affidavit should not be described broadly as always carrying “the same weight as live testimony.” Its use depends on the procedural setting in which it is tendered.

For the broader law governing examination-in-chief, cross-examination and re-examination, see Modes of Examination of Witnesses under the Law of Evidence.

Can a deponent be cross-examined?

Yes, where the governing law or court procedure permits or requires it.

Cross-examination can test:

  • whether the deponent actually possesses personal knowledge;
  • the accuracy of the statements;
  • the source of information;
  • memory and credibility;
  • omissions or contradictions;
  • the authenticity and meaning of documents relied upon; and
  • whether an inference stated as fact is actually supported by evidence.

The Supreme Court authority reported as Atta Ullah Malik v Custodian Evacuee Property, PLD 1964 SC 236 has been cited for the proposition that, absent special circumstances, a party against whom affidavit evidence is produced is entitled to have the deponent produced for cross-examination.

The existence of the oath therefore does not remove the ordinary evidentiary purpose of testing testimony where the law allows the deponent to be called.

Affidavits under Pakistani law

The Pakistani legal framework does not consist of a single “Affidavit Act.” Different rules apply according to the proceedings in which the document is used.

For civil procedure, the most important provisions include:

  • Order XIX CPC — proof by affidavit, cross-examination and matters to which affidavits should be confined;
  • section 139 CPC — persons competent to administer oaths for affidavits under the Code;
  • Order VI Rule 15 CPC — verification of pleadings; and
  • the applicable High Court Rules and Orders concerning execution, attestation and use of affidavits.

Special statutes may impose their own mandatory requirements in addition to the ordinary CPC rules.

Verification of pleadings is related but not identical

Order VI Rule 15 concerns verification of pleadings. It requires the person verifying to specify by reference to numbered paragraphs which statements are verified from personal knowledge and which are based on information received and believed to be true.

An affidavit may support a pleading, but a pleading and an affidavit are not simply two names for the same document.

Special legislation may also make particular forms of verification mandatory. Election litigation is an important Pakistani example.

Who can administer an oath for an affidavit in Pakistan?

For an affidavit under the Code of Civil Procedure, section 139 CPC identifies the authorities who may administer the oath.

The provision includes:

  • a Court or Magistrate;
  • an officer or other person appointed by a High Court for that purpose; and
  • an officer appointed by another court where the Provincial Government has empowered that court for the purpose.

This provision provides the CPC basis for appointment of Oath Commissioners.

Beware of copied Indian material Online explanations sometimes reproduce the modern Indian version of section 139 CPC and assume that its wording is identical in Pakistan. Pakistani legal research should use the Pakistani text and the locally applicable High Court rules rather than importing amendments from another jurisdiction.

Notary Public vs Oath Commissioner in Pakistan

A Notary Public and an Oath Commissioner are legally distinct offices, although both may have functions involving sworn documents.

Can a Pakistani Notary take an affidavit?

Yes. Section 8(1)(e) of the Notaries Ordinance 1961 expressly includes among a Notary's functions the administration of an oath to, or taking of an affidavit from, a person.

See the Notaries Ordinance 1961 on Pakistan Code.

But that does not mean that a Notary and an Oath Commissioner can be treated as interchangeable for every statutory purpose.

PLD 2023 Lahore 458

In Col. (R) Muhammad Shabir Awan v Raja Saghir Ahmed, PLD 2023 Lahore 458, the Lahore High Court considered an election petition that was required to be verified in accordance with the CPC.

The Court distinguished the office of Notary Public under the Notaries Ordinance from that of an Oath Commissioner appointed under the CPC framework. In the particular election-law context before the Court, verification by a Notary did not satisfy the prescribed CPC verification requirement.

The accurate rule A Pakistani Notary has statutory authority to administer an oath or take an affidavit under the Notaries Ordinance. But where another statute specifically requires an affidavit or verification to be made before an authority designated through the CPC or another particular procedure, notarization should not be assumed to satisfy that separate requirement.

This distinction is more accurate than either of the two common internet claims that “only an Oath Commissioner can ever take an affidavit” or that “a Notary and Oath Commissioner are always the same.”

Does every affidavit require stamp paper in Pakistan?

No single nationwide answer should be applied to every affidavit.

The required stamp duty or exemption may depend on:

  • the province or territory;
  • the nature and purpose of the affidavit;
  • whether it is intended for immediate use in court;
  • a special statute or prescribed form; and
  • the current provincial stamp legislation.

Example: Khyber Pakhtunkhwa

The Khyber Pakhtunkhwa Stamp Act schedule contains an entry for affidavits but also expressly exempts an affidavit or written declaration made for the immediate purpose of being filed or used in any Court or before the officer of any Court.

See the relevant Stamp Act schedule on the Khyber Pakhtunkhwa Code.

Practical caution Do not assume from a generic template that every affidavit must be executed on a particular denomination of non-judicial stamp paper. Check the current law of the relevant province and the specific purpose for which the affidavit is required.

What is a jurat?

The jurat is the certification appearing at the end of an affidavit showing that the document was sworn or affirmed before the authorized person.

A jurat generally records matters such as:

  • the fact that the affidavit was sworn or affirmed;
  • the date;
  • the place;
  • the identity or signature of the deponent; and
  • the name, designation and signature of the person administering the oath.

The jurat should not be confused with substantive verification.

Verification explains the basis on which the deponent claims the facts to be true.

The jurat records the act of swearing or affirming before the competent authority.

Must the oath actually be administered?

Where the governing law requires an affidavit to be sworn or affirmed, the process should involve actual administration of the oath or affirmation rather than merely placing an official seal on a previously signed document.

In Lt. Col. (Rtd.) Ghazanfar Abbas Shah v Mehr Khalid Mehmood Sargana, 2015 SCMR 1585, the Supreme Court emphasized the need for the Oath Commissioner to record that the oath had actually been administered in the election-law context.

Later High Court judgments reproducing the decision also discuss requirements concerning identification of the deponent, date and place, certification, exhibits and cases in which the deponent does not understand the contents.

The case arose under special election legislation, so its strict consequence for defects should not automatically be transferred to every ordinary civil affidavit.

What if the deponent cannot read or understand the affidavit?

The person administering the oath should ensure that the deponent understands the document being sworn.

Where a deponent cannot read or understand its contents, applicable High Court rules may require the affidavit to be read and explained and an appropriate endorsement to be recorded.

The underlying principle is straightforward: a person should not be made responsible for a sworn statement that he or she did not understand.

How should annexures and exhibits be handled?

Documents relied upon in an affidavit should be identified clearly rather than simply placed behind the affidavit without explanation.

A sensible structure is:

  1. refer to the document in the relevant numbered paragraph;
  2. identify the document by an exhibit or annexure mark;
  3. attach it in the manner required by the relevant rules; and
  4. ensure that any required endorsement, date or initials are added by the appropriate official.

For example:

“A certified copy of the agreement dated 4 August 2026 is annexed herewith and marked as Annexure ‘A’.”

Where documents themselves become the subject of proof, the broader rules governing documentary evidence may also become relevant. See Primary and Secondary Evidence under the Law of Evidence.

How to write an affidavit step by step

Step 1: identify the legal purpose

Before using a template, determine why the affidavit is required.

Ask:

  • Which statute, rule, application or court order requires it?
  • Is there a prescribed form?
  • Who is authorized to administer the oath?
  • What type of evidence is permissible?

This avoids the common mistake of adapting a generic affidavit to a proceeding governed by special statutory requirements.

Step 2: choose the correct deponent

The deponent should have actual knowledge of the material facts or another legally acceptable basis for making the permitted statements.

A convenient signatory is not necessarily the correct witness.

Step 3: separate personal knowledge from other information

Before drafting, divide the proposed evidence into:

  • facts personally known to the deponent;
  • facts proved by documents;
  • information received from another person or source; and
  • inferences or beliefs.

Then determine which categories are legally permissible for the particular application.

Step 4: use short numbered paragraphs

Each paragraph should ideally deal with one fact or one closely connected group of facts.

This improves verification and makes later cross-examination easier.

Step 5: state facts rather than advocacy

Compare:

Poor:
“The defendant is dishonest and fraudulently intends to defeat justice.”

Better:
“On 12 August 2026, I obtained a certified copy of deed No. ___ showing that the defendant transferred the property described in paragraph 6 to his brother after service of summons in this suit.”

The second version gives the court facts from which the appropriate inference can be drawn.

Step 6: identify documents properly

Where a statement depends on a document, refer to and exhibit the document in the required manner.

Step 7: draft a precise verification

Avoid treating “knowledge, information and belief” as one undifferentiated category.

State which paragraphs are true to personal knowledge and identify the lawful basis of other statements.

Step 8: execute it before the proper authority

Check whether the particular affidavit must be sworn before an Oath Commissioner, Court, Magistrate, Notary or another statutory authority.

Step 9: inspect the jurat

Ensure that date, place, identity, oath or affirmation and official particulars are correctly recorded where required.

Step 10: read the complete affidavit before signing

The deponent should personally check:

  • names;
  • dates;
  • amounts;
  • addresses;
  • case particulars;
  • paragraph numbering;
  • documents and annexures; and
  • the verification clause.

A person should never swear an affidavit whose contents have not been understood and checked.

For an example of a civil application where precise affidavit material can be especially important, see Attachment Before Judgment under Order 38 Rule 5 CPC.

Sample affidavit format

The following is a general educational sample. A statutory form, court-prescribed form or special legal requirement should always take precedence.

AFFIDAVIT Before: [Name of Court / Authority] In the matter of: [Case title / application / legal purpose] I, [FULL NAME], son/daughter/wife of [NAME], adult, resident of [ADDRESS], do hereby solemnly swear/affirm and state as follows: 1. That I am the [plaintiff/applicant/respondent/other capacity] in the above matter and am acquainted with the facts stated below. 2. That [state the first material fact clearly]. 3. That [state the second material fact]. 4. That [state the next fact and, where appropriate, identify any supporting document]. 5. That a copy of [describe document] is annexed herewith and marked as Annexure “A”. 6. That, where legally permissible, I am informed by [identify source] and believe the information to be true that [state the relevant fact], for the following reason: [state basis]. VERIFICATION Verified on oath/solemn affirmation at [PLACE] on [DATE] that the contents of paragraphs 1 to 5 are true and correct to my personal knowledge, while the contents of paragraph 6 are based on information received from the source identified therein and believed by me to be true. DEPONENT [The appropriate jurat/certification by the legally competent authority follows.]
Do not copy the sample blindly. The correct wording depends on the court, statute, purpose, province and nature of the facts. Where a prescribed form exists, use that form.

Affidavit vs declaration

An affidavit and a declaration can both contain written statements of facts, but they are not universally interchangeable.

A conventional affidavit involves an oath or solemn affirmation administered before an authorized person.

Some jurisdictions permit specified unsworn declarations to substitute for affidavits.

United States: 28 U.S.C. § 1746

U.S. federal law provides a useful example. Under 28 U.S.C. § 1746, many matters that would otherwise be supported by a sworn affidavit may instead be supported by a properly worded written declaration subscribed as true under penalty of perjury, subject to the exceptions contained in the statute.

Read 28 U.S.C. § 1746.

That federal U.S. rule should not be imported into Pakistani procedure as though every unsworn declaration has the same legal effect as an affidavit in Pakistan.

Affidavit vs witness statement

The two documents can both contain a witness's written evidence, but an affidavit is sworn or affirmed before the appropriate authority.

A witness statement is ordinarily a signed written account of evidence governed by the procedural rules of the relevant jurisdiction.

England and Wales

Modern civil procedure in England and Wales illustrates the distinction clearly.

CPR Practice Direction 32 regulates affidavits separately from witness statements. It requires an affidavit to identify statements made from personal knowledge and those based on information or belief, including the source of the latter. It also contains specific rules for the jurat, exhibits and the taking of affidavits.

See Practice Direction 32 of the Civil Procedure Rules.

Accordingly, an affidavit should not be defined merely as another name for a witness statement.

Affidavit vs deposition

An affidavit begins as a written sworn statement adopted by the deponent.

A deposition, in jurisdictions using that procedure, ordinarily involves formal examination of a witness under oath with questions and answers recorded for later use.

Feature Affidavit Deposition
Basic form Written sworn or affirmed statement Recorded examination of a witness under oath
Questions during creation Not ordinarily a formal opposing-party examination Questions form part of the deposition process
Cross-examination May later be ordered or permitted depending on procedure Questioning is ordinarily part of the process
Use Depends on statute, rules and court order Depends on the deposition procedure of the jurisdiction

Can a defective affidavit be corrected?

Sometimes, but there is no universal rule that every defect is fatal or that every defect can always be cured.

The consequence depends on:

  • the type of defect;
  • the statute or rule violated;
  • whether the requirement is mandatory;
  • whether special legislation prescribes dismissal or another consequence;
  • whether the court has power to permit correction; and
  • whether prejudice has resulted.

This is why the strict result of an election case should not automatically be extended to an ordinary interlocutory civil affidavit.

Ghazanfar Abbas Shah and special statutory proceedings

In Lt. Col. (Rtd.) Ghazanfar Abbas Shah v Mehr Khalid Mehmood Sargana, 2015 SCMR 1585, the Supreme Court dealt with verification and oath requirements under election legislation.

The case is important for proper execution of affidavits, but the mandatory consequences flowed from the particular statutory framework governing election petitions.

The safe principle is therefore:

The effect of a defective affidavit must be determined from the law governing that particular affidavit rather than from a universal rule that all defects are either curable or fatal.

What happens if an affidavit contains a false statement?

Knowingly making a material false statement in an affidavit can have serious consequences.

The Pakistan Penal Code contains offences concerning false evidence and false declarations. Which provision applies depends on the nature of the statement, its purpose and the proceedings in which it was made or used.

However, the procedure for prosecuting alleged false evidence connected with a judicial proceeding requires particular care.

Section 195 Cr.P.C.

Section 195 Cr.P.C. restricts the court's cognizance of specified offences against public justice when those offences are alleged to have been committed in or in relation to proceedings in a court.

The specified offences include, among others, sections 193 and 199 PPC. In such a situation, the prescribed complaint must come from the court concerned or another court to which it is subordinate.

Therefore, “false affidavit = simply lodge an FIR for perjury” is not a safe universal rule. Where the alleged false statement was made in or in relation to judicial proceedings, section 195 Cr.P.C. and the court-complaint procedure must be examined.

A direct complaint by a private person cannot be used to bypass section 195 where that statutory bar applies.

An incorrect statement is not automatically deliberate perjury

A false assertion should also be distinguished from an honest mistake, misunderstanding, inaccurate recollection or other statement lacking the mental element required by the relevant offence.

The exact criminal consequence therefore depends on both the substance of the falsehood and the applicable procedural route.

Important Pakistani cases on affidavits

Atta Ullah Malik v Custodian Evacuee Property, PLD 1964 SC 236

This Supreme Court authority is important for the testing of affidavit evidence. It has been cited for the proposition that, in the absence of special circumstances, the party against whom an affidavit is produced is entitled to have the deponent produced for cross-examination.

State v Saleem Khan, PLD 1985 Lahore 345

The case is relevant to criminal proceedings and cautions against treating affidavits as automatic substitutes for substantive evidence where the applicable criminal procedure requires the maker to be confronted or examined.

Lt. Col. (Rtd.) Ghazanfar Abbas Shah v Mehr Khalid Mehmood Sargana, 2015 SCMR 1585

The Supreme Court addressed verification, administration of oath and related affidavit formalities in election litigation. The decision is an important authority on proper execution but should be read in the context of the mandatory requirements of special election law.

Col. (R) Muhammad Shabir Awan v Raja Saghir Ahmed, PLD 2023 Lahore 458

The Lahore High Court distinguished a Notary Public from an Oath Commissioner for an election petition required to be verified through the CPC framework. The case does not negate section 8(1)(e) of the Notaries Ordinance, which separately authorizes a Notary to administer an oath or take an affidavit. Rather, it shows why the authority required by the specific governing statute must be identified.

Common affidavit drafting mistakes

1. Verifying everything as “knowledge and belief”

This can conceal which facts are actually known and which come from another source.

2. Writing legal arguments instead of facts

The affidavit should provide evidence from which legal submissions can later be made.

3. Using hearsay without identifying its source

Where information or belief is legally permissible, its source and grounds should be stated as required.

4. Signing without reading the document

The deponent is adopting a sworn statement and should understand its contents.

5. Assuming every official seal is legally interchangeable

The correct authority depends on the governing statute and procedure.

6. Assuming every affidavit requires the same stamp paper

Stamp duty and exemptions may differ by province and purpose.

7. Ignoring a prescribed statutory form

A generic template should never displace a mandatory form.

8. Failing to identify annexures properly

A court should be able to determine which document supports which factual statement.

9. Treating attestation as proof that every fact is true

The act of swearing or attestation does not prevent the factual contents from being challenged.

10. Using foreign templates without checking Pakistani law

Indian, English and American affidavit procedures contain useful comparative material, but their statutory rules should not be copied into Pakistani proceedings without checking the local law.

Frequently asked questions

What is an affidavit in simple words?

An affidavit is a written statement of facts that a person swears or solemnly affirms to be true before a legally authorized person.

Who is the deponent?

The deponent is the person who makes the factual statements and swears or affirms the affidavit.

Is an affidavit evidence in court?

It can be evidence where the governing law or court permits proof by affidavit. It does not automatically replace oral testimony in every proceeding, and the deponent may be required to attend for cross-examination.

Can an affidavit contain hearsay?

Under Order XIX Rule 3 CPC, affidavits are ordinarily confined to facts within personal knowledge. On interlocutory applications, statements of belief may be admitted where the grounds are stated. The precise admissibility of any particular statement depends on the proceeding.

Can the deponent be cross-examined?

Yes. Order XIX CPC expressly contains mechanisms allowing the court to require attendance of the deponent for cross-examination.

Who can administer an oath for an affidavit in Pakistan?

For affidavits under the CPC, section 139 identifies courts, magistrates and duly appointed or empowered officers or persons. Other statutes may separately authorize other officials for particular affidavits.

Can a Notary Public take an affidavit in Pakistan?

Yes. Section 8(1)(e) of the Notaries Ordinance 1961 authorizes a Notary to administer an oath or take an affidavit. But that does not mean a Notary satisfies every special statutory requirement calling for verification before an Oath Commissioner or another designated authority.

Is a Notary Public the same as an Oath Commissioner?

No. They are distinct legal offices. PLD 2023 Lahore 458 illustrates why the distinction can matter where a statute specifically requires verification under the CPC framework.

Does every affidavit require non-judicial stamp paper?

No universal rule should be stated for every affidavit in Pakistan. Stamp requirements depend on provincial law and purpose. In Khyber Pakhtunkhwa, for example, the Stamp Act schedule exempts an affidavit made for the immediate purpose of being filed or used in court or before a court officer.

What is the difference between verification and a jurat?

Verification identifies which facts the deponent asserts from personal knowledge or another legally permitted basis. The jurat records that the affidavit was sworn or affirmed before the appropriate authority.

Can a defective affidavit be corrected?

Sometimes. The answer depends on the defect and the governing procedural or special statute. Some defects can be cured, while special legislation may make others fatal.

What is the difference between an affidavit and a declaration?

A conventional affidavit is sworn or affirmed before an authorized person. Some legal systems permit particular unsworn declarations to substitute for affidavits. U.S. federal law under 28 U.S.C. § 1746 is one example, but that rule does not automatically apply in Pakistan.

What is the difference between an affidavit and a deposition?

An affidavit is a written sworn statement. A deposition ordinarily involves formal questioning of a witness under oath with the evidence recorded.

Can a false affidavit result in criminal proceedings?

Yes, depending on the facts and applicable offence. However, where specified false-evidence offences are alleged to have been committed in or in relation to judicial proceedings, section 195 Cr.P.C. can require the complaint to originate from the court concerned or a superior court.

The central point

An affidavit is more than a signed piece of paper carrying an official stamp.

Its legal effectiveness depends on the interaction of factual content, source of knowledge, verification, oath or affirmation, competent authority and the procedure governing its use.

In Pakistani civil procedure, Order XIX CPC is particularly important because it regulates proof by affidavit, cross-examination of the deponent and the distinction between personal knowledge and information or belief. Section 139 identifies the persons competent to administer an oath for affidavits under the Code, while separate legislation such as the Notaries Ordinance gives Notaries their own statutory functions.

Pakistani case law also demonstrates why legal context matters. Ghazanfar Abbas Shah shows the importance of proper verification and oath requirements under special election legislation, while Shabir Awan demonstrates that the authority legally competent for one kind of affidavit should not simply be assumed to satisfy every other statutory requirement.

The evidentiary point is equally important. Swearing an affidavit does not make its contents unquestionable. Where the applicable procedure permits, the source of the statements may be tested and the deponent may be called for cross-examination.

A carefully prepared affidavit should therefore answer three basic questions clearly:

  • Who is making the statement?
  • How does that person know the facts?
  • Before whom, and under what legal authority, was the statement sworn or affirmed?

If those questions are answered properly, the affidavit is far more likely to perform the evidentiary or procedural function for which it was intended.

Legal note: Affidavit requirements can vary according to the governing statute, court rules, province, jurisdiction and purpose of the document. A prescribed statutory or court form should take precedence over a generic example.

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The author is a law graduate with over seven years of legal experience. Through The Law Studies, the author writes on diverse legal topics, combining practical knowledge with comparative insights from Pakistan, the UK, the US, and other common law jurisdictions.