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Code of Civil Procedure

This document proposes a research project on affidavits for a law degree program. It will examine affidavits and their applicability in the Indian judicial system. The study will focus on parties involved in affidavits, common uses, types of affidavits, their use as evidence, and drafting affidavits. Research will use doctrinal methodology and primary and secondary sources. The project is limited by time and sole researcher. It aims to understand affidavits are admissible as evidence in special circumstances.

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Aman Gupta
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101 views4 pages

Code of Civil Procedure

This document proposes a research project on affidavits for a law degree program. It will examine affidavits and their applicability in the Indian judicial system. The study will focus on parties involved in affidavits, common uses, types of affidavits, their use as evidence, and drafting affidavits. Research will use doctrinal methodology and primary and secondary sources. The project is limited by time and sole researcher. It aims to understand affidavits are admissible as evidence in special circumstances.

Uploaded by

Aman Gupta
Copyright
© © All Rights Reserved
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Download as DOCX, PDF, TXT or read online on Scribd
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AFFIDAVITS

PROJECT PROPOSED BY:

AMAN GUPTA

BBA LL.B. (Hons.)

Roll No. 1811

PROPOSED TO:

DR. MEETA MOHINI

AUGUST, 2019

FOR CODE OF CIVIL PROCEDURE FOR THE DEGREE OF BBA LL.B.(HONS.)

CHANAKYA NATIONAL LAW UNIVERSITY


NYAYA NAGAR, MITHAPUR, PATNA-800001
INTRODUCTION
An affidavit, in simple terms, can be defined as a statement of facts accompanied by an oath.
Merriam Webster Dictionary describes an Affidavit as a sworn statement in writing made
especially under oath or on affirmation before an authorized magistrate or officer. An
affidavit is treated as an “evidence” within the meaning prescribed in Section 3 of the
Evidence Act. Submitting a false affidavit before an authority is a punishable offense. Such
statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such
as a notary public or commissioner of oaths. An affidavit is a type of verified statement or
showing, or in other words, it contains a verification, meaning it is under oath or penalty of
perjury, and this serves as evidence to its veracity and is required for court proceedings.

Affidavits may be written in the first or third person, depending on who drafted the
document. The document's component parts are typically as follows:

 a commencement which identifies the "affiant of truth", generally stating that


everything in it is true, under penalty of perjury, fine, or imprisonment;
 an attestation clause, usually a jurat, at the end certifying that the affiant made oath
and the date;
 signatures of the author and witness.

If an affidavit is notarized or authenticated, it will also include a caption with a venue and
title in reference to judicial proceedings. In some cases, an introductory clause, called a
preamble, is added attesting that the affiant personally appeared before the authenticating
authority.

In Indian law, although an affidavit may be taken as proof of the facts stated therein, the
Courts have no jurisdiction to admit evidence by way of affidavit. Affidavit is treated as
"evidence" within the meaning of Section 3 of the Evidence Act. However, it was held by the
Supreme Court that an affidavit can be used as evidence only if the Court so orders for
sufficient reasons, namely, the right of the opposite party to have the deponent produced for
cross-examination (Khandesh Spg & Wvg Mills CO. Ltd. Vs Rashtriya Girni Kamgar
Sangh)1. Therefore, an affidavit cannot ordinarily be used as evidence in absence of a specific
order of the Court.

1
AIR 571, 1960 SCR(2) 841.
OBJECTIVES OF THE STUDY

 To study in details the specifics of Affidavits and its applicability in the Indian
Judicial System.

HYPOTHESIS

 Affidavits are admissible as an evidence in special circumstances.

RESEARCH METHODOLOGY

 The researcher would like to undertake the doctrinal method of research.

SOURCES OF DATA

 The researcher will make use of both the sources i.e., primary as well as secondary.

TENTATIVE CHAPTERISATION

 Parties involved in an affidavit


 Common uses of an affidavit
 Types of an affidavit
 Affidavit as an evidence
 Drafting of an affidavit
 Conclusion
 Bibliography

LIMITATION

 There is a time limitation for the researcher to finish the research.


 The researcher is limited to his own self for the research.
BIBLIOGRAPHY.

 C.K.TAKWANI, CIVIL PROCEDURE WITH LIMITATION ACT, 1963 – 8th


EDITION, EBC EXPLORER.
 https://www.lawctopus.com/drafting-affidavit-beginners-guide/.
 https://www.ncsmc.org.au/wsas/legal_system/what_is_an_affadavit.htm.

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