Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada

1. Types of Affidavits

In correspondence with the Research Directorate, sources noted that there are two types of affidavits: judicial and non-judicial (Advocate 2023-05-17; Senior Associate in Mumbai 2023-05-25). An advocate who has been practicing as a lawyer in India for 37 years indicated that "judicial affidavits are given before court and non-judicial affidavits are given before various authorities and used for non-judicial purposes" (Advocate 2023-05-17). A senior associate with a law firm in Delhi noted in correspondence with the Research Directorate that an affidavit is "a written statement of fact voluntarily made by the person under an oath or affirmation before a person authorized by law" and it is "a legally binding declaration of a person's oath that cannot be refuted" (Senior Associate in Delhi 2023-05-23). In correspondence with the Research Directorate, a senior associate with a law firm in Mumbai indicated that laws pertaining to affidavits are governed by the Code of Civil Procedure (CPC), but State Legislatures and High Courts are "permitted to make amendments to sections of the CPC if they deem fit" (Senior Associate in Mumbai 2023-05-25).

1.1 Legal and Regulatory Framework

Order XIX of the Code of Civil Procedure, 1908 provides the following:

1. Power to order any point to be proved by affidavit.—Any Court may at any time for sufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, on such conditions as the Court thinks reasonable:
   Provided that where it appears to the Court that either party bona fide desires the production of a witness for cross-examination, and that such witness can be produced, an order shall not be made authorising the evidence of such witness to be given by affidavit.
2. Power to order attendance of deponent for cross-examination.—(1) Upon any application evidence may be given by affidavit, but the Court may, at the instance of either party, order the attendance for cross-examination of the deponent.
   (2) Such attendance shall be in Court, unless the deponent is exempted from personal appearance in Court or the Court otherwise directs.
3. Matters to which affidavits shall be confined.—(1) Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications, on which statements of his belief may be admitted: provided that the grounds thereof are stated.
   (2) The costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative matter, or copies of or extracts from documents, shall (unless the Court otherwise directs) be paid by the party filing the same. (India 1908, bold and italics in original)

1.2 Format of Affidavits

The advocate noted that white paper can be used for judicial affidavits but a non-judicial affidavit "has to be on a stamp paper of appropriate value" (2023-05-17). The Handbook on Practice and Procedure and Office Procedure of the Supreme Court of India states the following:

2. Every affidavit shall be headed "In the Supreme Court of India" and shall be filed in the cause, appeal or matter for which it is sworn.

3. Every affidavit shall be drawn up in the first person, and shall be divided into paragraphs to be numbered consecutively, and shall state the description, occupation, if any, and the true place of abode of the deponent.

Every person or place referred to in an affidavit shall be fully described in such a manner so as to clearly establish the identity. (India 2017, c. 9)

1.2.1 Regional Variations in Format

The Bombay High Court (Original Side) Rules, 1980 state the following:

192. Form of affidavit. - Every affidavit shall be divided into paragraphs, and every paragraph shall be numbered consecutively, and as nearly as may be, shall be confined to a distinct portion of the subject. Every affidavit and the annexures thereto shall be stitched book wise and shall comply with any necessary modifications, with the provisions of Rule 42.

193. Affidavit to be in the first person. – Every affidavit shall be drawn up in the first person.

194. Description and abode of deponent to be stated. - The occupation, nationality and the place of abode of every person making an affidavit shall be inserted therein. (India 1980, c. XII, bold in original)

The High Court of Madhya Pradesh Rules, 2008 state the following:

2. Every affidavit in the Principal Seat shall be headed "In the High Court of Madhya Pradesh, Principal Seat at Jabalpur." Similarly, every affidavit filed in the benches, shall be headed "In the High Court of Madhya Pradesh, Bench at Indore/ Gwalior", as the case may be.

3.Where an affidavit is filed in a pending case, it shall mention the institution number and names of the first party on either side.

4.Every affidavit containing a statement of facts shall be drawn up in the first person and divided into paragraphs numbered consecutively. Each paragraph, as nearly as may be, shall be confined to a distinct portion of the subject.
Every person or place referred to in an affidavit shall be fully described in such a manner as to enable his or its identity to be clearly established.
The affidavit shall contain no statement which is in the nature of an expression of opinion or argument.

…

7. When the affiant [/deponent] in any affidavit speaks to any fact within his own knowledge, he must do so directly and positively using the words "I solemnly affirm and say" or "I state on oath". (India 2008, c. IX, bold and square brackets in original, reference omitted)

The High Court of Manipur Rules, 2019 state the following:

23. Every affidavit to be used in a Court of Justice shall be entitled "In the Court of ……. at ….. (name of such Court).

…

26. Every affidavit containing any statement of fact shall be divided into paragraphs, and every paragraph shall be numbered consecutively and, as nearly as may be, shall be confined to a distinct portion of the subject.

27. Every person, other than a plaintiff or defendant in a suit in which the application is made, making any affidavit, shall be described in such a manner as will serve to identify him clearly, that is to say by the statement of his full name, the name of his father, his profession or trade, and the place of his residence.

28. When the declarant in any affidavit speaks about any fact within his own knowledge, he shall do so directly and positively using the words "I affirm (or make an oath) and say." (India 2019, Part II, c. III, bold in original)

The Punjab and Haryana High Court Rules and Orders indicate the following:

2. Language and paper to be used.

Every petition, memorandum of appeal, application, written statement, affidavit, annexures to writ petitions etc. shall be in English language on superior quality A4 size paper having 70 GSM with printing on only one side of the paper, preferably with font Thorndale, font size 14 in double space with margins 1.25" on top, 0.75" on bottom, 1.75" on left side and 0.75" on the right side, unless a printed format is prescribed for the purpose by the High Court. It shall be headed "In the High Court of Punjab and Haryana at Chandigarh" and signed by the appellant, petitioner or applicant or by his Advocate on his behalf. No memorandum, application etc. or copy thereof will be entertained unless it is legible. (India n.d.a, 2–3, bold in original)

The same Rules also state the following:

6. Title of affidavits:

Every affidavit to be used in a Court shall state at the top the name of the Court and the cause title along with nature of the case. The affidavit shall contain the name of the deponent, his father’s name, age, occupation and complete address so as to identify him clearly. Date and place of making the affidavit shall be mentioned at the bottom.

7. Contents of affidavit:

(i) Every affidavit containing statement of facts shall be divided into paragraphs, every paragraph consecutively numbered and confined to a distinct portion of the subject:
Provided that a short affidavit verified in the manner prescribed by Order 19 Rule 3 of the Code of Civil Procedure may be filed to support the averments made in any application. (India n.d.b, 55–56, bold in original)

The Court Rules of the High Court of Delhi state the following:

9. Contents of affidavits—(i) Every affidavit containing any statement of facts shall be divided into paragraphs, and every paragraph shall be numbered consecutively, and, as nearly as may be, shall be confined to a distinct portion of the subject.

(ii) Every person, other than a plaintiff or defendant in a suit in which the application is made, making any affidavit, shall be described in such manner as will serve to identify him clearly : that is to say, by the statement of his full name, the name of his father, his profession or trade, and the place of his residence.
(iii) When the declarant in any affidavit speaks to any facts within his own knowledge, he must do so directly and positively, using the words 'I affirm' or 'I make oath any say'.

(iv) When the particular fact is not within the declarant's own knowledge, but is stated from information obtained from others, the declarant must use the expression 'I am informed',—and, if such be the case, should add 'and verily believe it to be true'—or he may state the source from which he received such information. When the statement rests on facts disclosed in documents, or copies of documents procured from any Court of Justice or other source, the declarant shall specify the source from which they were procured, and state his information or belief as to the truth of the facts disclosed in such documents. (India n.d.c, c. 12, bold in original)

The Rajasthan High Court Rules indicate the following:

41. Full particulars of persons and places to be given.- An affidavit shall fully describe the person swearing the affidavit with such particulars as will ensure his clear identification such as his full name, the name of his father, his religious persuasion, his rank or degree in life, his profession, calling, occupation or trade and his true place of residence. Any person or place [r]eferred to in an affidavit shall be fully described in such manner as to enable his or its identity to be clearly fixed.

…

44. Facts to be within the deponent's knowledge or source to be stated.- Except on interlocutory applications, affidavits shall be confined to such
facts as the deponent is able of his own knowledge to prove.

On an interlocutory application when a particular fact is not within the deponent's own knowledge, but is based on his belief or information received from others-which he believes to be true, the deponent shall use the expression "I am informed and verily believe such information to be true," or words to that effect, and shall sufficiently describe for the purpose of identification, the person or persons from whom his information was received.

When any fact is stated on the basis of information derived from a document, full particulars of that document shall be stated and the deponent shall verify that he believes such information to be true. (India 1952, bold in original)

The Sikkim High Court (Practice and Procedure) Rules 2011 indicate the following:

23 Affidavit: -

1. Every affidavit to be used in the High Court shall be entitled "In the High Court of Sikkim at Gangtok" and shall be in the format F.1 prescribed for Writ Petitions.
2. Every affidavit containing any statement of fact shall be divided into paragraphs, and every paragraph shall be numbered consecutively and, as nearly as may be, shall be confined to a distinct portion of the subject.

24 Particulars of person making an affidavit: - Every person, other than a plaintiff or defendant in a suit in which the application is made, making an affidavit, shall be described in such a manner as will serve to identify him clearly, that is to say by the statement of his full name, the name of his father, his profession or trade, and the place of residence.

25 Affirmation or oath: -

1. When the declarant in any affidavit speaks to any fact within his own knowledge, he shall do so directly and positively using the words "I affirm" (or make Oath) and "say".
2. When the particular fact is not within the declarant's own knowledge, but is stated from information obtained from others, the declarant shall use the expression "I am informed" and if such be the case, should add "and verily believe it to be true", and he must also state the source from which he received such information. When the statement rests on facts disclosed in documents or copies of documents procured from any Court of Justice or other source, the deponent shall state the source from which they were procured, and his information or belief as to the truth of the facts disclosed in such documents. (India 2011, 6, bold in original)

The Andhra Pradesh Civil Rules of Practice and Circular Orders, 1990 state the following:

35. (37) Form:-

Every affidavit shall be drawn up in the first person and divided into paragraphs numbered consecutively and each paragraph as nearly as may b e, shall be confined to a district portion of the subject.
Every affidavit shall be written or typed or printed and stitched book wise. The deponent shall sign at the foot of each page of the affidavit.

…

37. (New) Title of affidavits:-

Every person making an affidavit shall subscribe his full name, the name of his
father, his age, place of residence and his trade or occupation (India 1990, bold in original)

The High Court of Tripura Rules, 2023 indicate the following:

5. TITLES OF AFFIDAVITS: -

1. Every affidavit shall be entitled in the matter or proceedings in which it is affirmed, but in every case in which there are more parties on either side than one, it shall be sufficient to state the full name of the first party on the side in question, and to add that there are other parties on that side, as the case may be.
2. Every affidavit to be used in a Court of Justice shall be titled "In the Court of ….. at ……" naming such Court.
3. If there be a cause in Court, the affidavit in support of or in opposition to an application respecting it shall also be attached to the cause.
4. If there be no cause in Court, the affidavit shall be entitled "In the manner of the petition of…."

8. FULL PARTICULARS OF PERSONS OR PLACES

If any person or place is referred to in the contents of the affidavit, it shall also be fully described in such a manner so as to enable his or its identity. The affidavit shall describe the persons swearing the affidavit with such particulars as his full name, name of his father, his nationality, his religious persuasion, his position in life, his profession, occupation, or trade or callings and his true place of residence. Any person or place referred to in an affidavit shall be fully described in such a manner as to enable his or its identity to be clearly fixed.

9. AFFIDAVIT TO BE IN THE FIRST PERSON

Every affidavit shall be drawn up in the first person.

10. FORM OF AFFIDAVIT –

1. Every affidavit containing any statement of fact shall be divided into paragraph and every paragraph shall be numbered consecutively and as nearly as may be, shall be confined to a distinct portion of the subject
2. When the deponent speaks of any facts within his knowledge, he must do so directly and positively, using the word "I affirm" or "I make oath and say" or words to that effect. When a particular fact is not within the deponent's own knowledge, but is stating from the information obtained from others the deponent shall use the expression "I am informed", and if such be the case, should add "and verily believe it to be true" and he must also state the source from which he received such information.
3. When the statement rests on facts disclosed in documents or copies of documents procured from any Court of Justice or other source, the deponent shall state what is the source from which they were procured, and his information or belief as to the truth of the facts disclosed in such documents. Copies of documents (other than those on the record of the case) to which it is intended that reference be made at the time of hearing shall be to the affidavit and shall be marked as an annexure to it and shall bear the certificate of the Commissioner before whom the affidavit is made.
4. Each affidavit shall have to mention on it the number and the year of the register in which it is entered and the serial number and the date of entry.
5. Every affidavit presented in the Court shall be signed on every page by the deponent and shall be dated. (India 2023, c. VII, 75–76, emphasis in original)

The High Court of Uttarakhand Rules, 2020 state the following:

4. Paper size and thickness- All cases including petitions, memorandum of appeals, applications, affidavits, annexures, vakalatnama [memo of appearance] or any other material shall be filed in A-4 size 80 GSM white paper.

5. Use of both sides of paper- All cases including petitions, memorandum of appeals, applications, affidavits, annexures, vakalatnama or any other material shall be type written on both sides of the paper with following side margins -

1. Top margin two centimetre.
2. Bottom margin two centimetre.
3. Left margin four centimetre.
4. Right margin four centimetre.

6. Font type and size- All cases including petitions, memorandum of appeals, applications, affidavits, vakalatnama or any other material shall be type written in New Times Roman font with font size 16 with 1.5 line spacing. For the headings, font size shall be 18 in the Times New Roman Font. (India 2020, bold in original)

1.3 Language of Affidavits

According to the advocate, affidavits can be in English as well as in languages that are "prevalent" in the state (2023-05-17). The Senior Associate in Delhi stated that affidavits can be made in the language of the deponent but if they are to be filed in the High Courts or Supreme Court, then they must be in English and can be translated using an authorized translator (2023-05-23). According to the Punjab and Haryana High Court Rules and Orders, if an affidavit is in "a language other than English, then its translation in English shall also be filed" (India n.d.a, 22). The Supreme Court of India's Handbook states the following:

5. No document in language other than English shall be used for the purpose of any proceedings before the Court, unless it is accompanied by:

1. a translation agreed to by both parties; or
2. a translation certified to be true translation by a translator appointed by the Court; or
3. the said document is translated by a translator appointed or approved and notified by the Court. (India 2017, c. X, 53)

Samples of affidavits could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Obtaining an Affidavit

The advocate noted that the process to obtain an affidavit is "practically" the same in all states (2023-05-17). However, the Senior Associate in Delhi stated that the process varies between states such as different rates for stamp duties to execute an affidavit (2023-05-23). The High Court of Bombay Rules indicate the following:

199. Place of administering oaths to be stated when oath administered outside Court House.- The officer authorized to administer an oath or affirmation shall state at the foot of the affidavit the place where he has administered the oath or affirmation in the event of the same being administered elsewhere than in the Court House.

200. Affidavit not to be filed unless properly endorsed.- No affidavit shall be filed in the several offices of the Court unless properly endorsed, giving the names of the deponents, the date on which it is sworn, and stating by whom or on whose behalf it is filed.

201. Affidavit to be filed before use in Court or Chambers.- An affidavit shall be filed in the Prothonotary and Senior Master's Office before it is used in Court or Chambers:

Provided that the Court or the Judge in Chambers may if deemed fit order an affidavit tendered in Court or in Chambers to be taken on file.

202. Special time for filing affidavits.- Where a special time is fixed for filing affidavits, no affidavit filed after that time shall be used unless by leave of the Court or the Judge in Chambers.

…

207. Procedure when affidavit is to be sworn outside Court House. - Where an affidavit is required to be sworn outside the Court House, a written application shall be made to the Prothonotary and Senior Master accompanied by the necessary stamps for the attendant's fee under the Table of Fees, stating where an Officer is required to attend, and for what purpose and why he is so required. On receipt of such application the Prothonotary and Senior Master shall, unless he sees any reason to the contrary, direct an officer to attend. So far as possible the Prothonotary and Senior Master shall direct the officers to attend in rotation. (India 1980, c. XII, bold in original)

The Punjab and Haryana High Court Rules and Orders state the following:

3. Oath Commissioners:

(i) The High Court shall appoint Oath Commissioners for the purpose of administering oaths and affirmations under the provisions mentioned in Rule 1 (i) above, at the headquarters of each subdivision/tehsil/sub tehsil of a district as well as for the High Court premises.

…

(v) The Oath Commissioner may charge a remuneration of twenty five rupees [C$0.40] for each affidavit. He shall keep a register in the prescribed form in which all affidavits shall be entered. A written receipt in printed form, containing the name of the Oath Commissioner, serial number of the receipt and the amount received Rs.----------- as attestation charges from _________(Name of the deponent) for affidavit bearing No.___________in the Register, shall be issued. The receipt shall be dated and signed by the Oath Commissioner and shall consist of foil to be given to the deponent and counterfoil to be retained in the Receipt Book by the Oath Commissioner for the purpose of inspection. The Commissioner may charge an additional fee of upto fifty rupees when he is required to attend the deponent’s residence. (India n.d.b, c. 11, bold in original)

2.1 Attesting Authority

According to the Senior Associate in Delhi, an affidavit must be sworn before someone that has the "authority" to attest to it, such as a Notary Public or an Executive or Judicial magistrate for a name change document that was created in India but an affidavit for a lost or damaged passport cannot be attested by a notary public (2023-05-23). The advocate stated that non-judicial affidavits can be attested by oath commissioners and notary publics which a judicial affidavit has to be attested by an oath commissioner (2023-05-17). Section 139 of the CPC provides the following regarding who is able to administer an oath:

139. Oath on affidavit by whom to be administered.— In the case of any affidavit under this Code—

any Court or Magistrate, or
1[(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or]

any officer or other person whom a High Court may appoint in this behalf, or

any officer appointed by any other Court which the State Government has generally or specially empowered in this behalf, may administer the oath to the deponent. (India 1908, bold and italics in original)

The Supreme Court's Handbook states the following:

1. An affidavit for the purpose of any cause, appeal or matter before the Court may be sworn before a Notary or any authority mentioned in Section 139 of the Code or before a Registrar of the Court duly authorized in this behalf by the Chief Justice, or before an Oath Commissioner generally or specially authorized in that behalf by the Chief Justice. (India 2017, c. IX)

According to the Senior Associate in Mumbai, an example of states amending the CPC is their ability to "include additional authorities" to administer the oath (2023-05-25).

The High Court of Bombay Rules indicate the following:

208. Procedure when affidavit is to be sworn outside India. - When an affidavit is to be sworn at any place outside India where an Officer in the service of India cannot be found, such affidavit may be sworn before an officer appointed specially for the purpose, under a commission to be issued pursuant to an order to be obtained from the Judge in Chambers by the party requiring such affidavit to be sworn. (India 1980, c. XII, bold in original)

The Court Rules of the High Court of Delhi state the following:

5. (i) Under Section 139 (b) of the Code of Civil Procedure approximately two to four legal practitioners at the Headquarters of each district and one at each station where there is a Subordinate Judge, are appointed as Commissioners for the purpose of administering oaths and affirmations with the previous approval of the High Court. Oath Commissioners may also be appointed at Headquarters of Tahsils where there are no Subordinate Judges. At each of the District Headquarters in Punjab and Delhi, one of the Oath Commissioners appointed should be a lady lawyer, if one is available for appointment. (India n.d.c, c. 12, Part B, bold in original)

The High Court of Madhya Pradesh Rules, 2008 indicate the following:

1. The Deputy Registrar, a notary public, a Commissioner of Oaths for the High Court or any other person empowered by the High Court for this purpose shall administer oaths or receive solemn affirmations in the case of affidavits to be used in the High Court or the Supreme Court. (India 2008, c. IX)

The Punjab and Haryana High Court Rules and Orders state the following:

62. Officers appointed to attest affidavits

Under the provisions of Section 139, Clause (b) of the Code of Civil Procedure, the following Officers have been appointed ex officio by the High Court to administer the oath to the deponent in the case of any affidavit under the said Code:-

1. The Registrar General
2. The Registrar
3. The Secretary to the Chief Justice. (India n.d.a, 24, bold in original)

The High Court of Sikkim provides that:

32. Officers to administer oath to deponent: - The following persons may administer oath or affirmation to the deponent for the purpose of an affidavit to be used in any proceeding in the High Court:

1. The Registrar for the time being:
2. (A)The Joint Registrar-cum-Sr. Reader.
3. The Deputy Registrar-cum-Senior Reader or Deputy Registrar (Administration and Protocol) or Principal Private Secretary to the Hon'ble Chief Justice or the Assistant Registrar (Judicial) ;
4. A Notary Public;
5. An Oath Commissioner.
6. In case of a deponent residing or working for gain outside the State of Sikkim, the Registrar or the Deputy Registrar or any other officer authorised by the High Court within whose jurisdiction the affidavit is sworn, or a Notary Public. (India 2011, 8, bold in original)

The Andhra Pradesh Civil Rules of Practice and Circular Orders, 1990 indicate the following:

38. (34) Before whom may be shorn:-

Affidavits intended for use in Judicial proceedings may be sworn before any court or Magistrate or a " Member of Nyaya Panchayat constituted under the A.P. Gram
Panchayats Act, 1964, or a Sub-registrar, Nazir, or Deputy Nazir or a member of the State Legislature or a *Member of Parliament, or a Municipal Councilor or a Member of Zilla Parishad or any Gazetted officer in the service of the State Government or the Union Government or a Notary as defined in the Notaries Act, 1952, or a retired Gazetted Officer receiving pension from Government or a commissioned Military officer or a Advocate other than the Advocate who has been engaged in such proceeding or any Superintendent in the Office of the Commissioner for the Andhra Pradesh Hindu Religious institutions and charitable Endowments. (India 1990, bold in original)

The High Court of Tripura Rules, 2023 state the following:

13. BEFORE WHOM AFFIDAVITS TO BE SWORN: -

Affidavit shall be sworn either before the officers referred to in rule 16 below or before persons mentioned in section 139 of CPC 1908.

14. OFFICERS APPOINTED TO ADMINISTER OATH:

Affidavits intended for use in High Court may also be made before and attested by any of the following persons, hereinafter called "Attesting Officers', who are hereby to administer oath or solemn affirmation:-

1. Any Judicial Officer or other presiding Officer of civil and criminal Courts;
2. Notary appointed under Notaries Act, 1952. (India 2023, 77, emphasis in original)

3. Security Features of Affidavits

According to the Senior Associate in Delhi, for an affidavit to be valid, it must be executed on stamp paper or duly stamped, signed by the deponent, and attested by an authorized officer (2023-05-23). The same source further noted that the authorized officer puts a stamp on the affidavit which bears the registration number of the officer (Senior Associate in Delhi 2023-05-23). However, the advocate stated that affidavits only have signatures of the deponent and are not "required" to have letterheads, logos, or stamps (2023-05-17). The Punjab and Haryana High Court Rules and Orders indicate the following:

9. Mode of attestation:

1. The Attesting Officer shall certify, at the foot of the affidavit, the fact of the making of such affidavit before him and shall date and sign in full the certificate along with designation, and shall, for the purpose of identification, mark, date and initial every exhibit referred to in the affidavit.
2. If the deponent appears to be illiterate or ignorant of the language of the affidavit or not able to understand the contents thereof, the Attesting Officer shall cause the affidavit to be read and explained to the deponent in the language understood by him and the Attesting Officer. This fact (of reading and explaining) shall also be certified at the foot of the affidavit.

10.Verification:

Every affidavit shall be signed and verified at the foot by the deponent and attested by the Attesting Officer. Every page of the affidavit shall be signed by the deponent and initialled by the Attesting Officer. The verification shall be in the prescribed form and signed by the deponent. (India n.d.b, c. 11, 57, bold in original)

The High Court of Rajasthan Rules note that "[e]ach affidavit shall bear on it the number and the year of the register in which it is entered and the serial number of the entry" (India 1952, rule 36). The High Court of Bombay Rules state that "[e]very exhibit annexed to an affidavit shall be dated and initialled by the Officer before whom the affidavit is sworn" (India 1980, c. XII, rule 198). The High Court of Madhya Pradesh Rules, 2008 indicate the following:

15. The officer administering the oath or receiving solemn affirmation shall make the following endorsement on every affidavit made before him and shall date, sign and seal the same:-

"Sworn before me on the …….. day of …… 20…….. at ……… A.M. / P.M. by ……….. son of ...............Who is personally known to me (or) who has been identified by …………….whose signature is/signatures are thereto appended.

Date .....................                    Signature

Place.....................                    Seal

                                                 Designation"

(India 2008, c. IX, bold in original)

The Andhra Pradesh Civil Rules of Practice and Circular Orders, 1990 state the following:

39. (40) Statement of Officer before whom affidavit is sworn:-

The officer before whom an affidavit is sworn or affirmed shall state the date on which, and the place where, the same is sworn or a affirmed and sign his name and description at the end as in Form No. 14 ; otherwise the same shall not be filed or read in any matter without the leave of the court. (India 1990, 9, bold in original)

4. e-Stamp Certificates

According to the Senior Associate in Delhi, the following states [and union territories] have e-stamp services: Andaman and Nicobar Islands, Andhra Pradesh, Assam, Bihar, Chhattisgarh, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Delhi, Gujarat, Himachal Pradesh, Jammu and Kashmir, Jharkhand, Karnataka, Odisha, Puducherry, Punjab, Rajasthan, Tamil Nadu, Tripura, Uttar Pradesh and Uttarakhand (2023-05-23). The same source noted that e-stamping is completed by the Stock Holding Corporation of India Limited (SHCIL) which is designated as the Central Record Keeping Agency (CRA) by the Finance Ministry and that an e-stamp from SHCIL cannot be labelled as void unless it fails the test of genuineness and is not verified as valid (Senior Associate in Delhi 2023-05-23). Sources stated that e-stamps can be verified on the SHCIL website by entering the state, certificate number, type of stamp duty, date of issuance and session ID (Senior Associate in Delhi 2023-05-23; Senior Associate in Mumbai 2023-05-25). The Senior Associate in Mumbai stated that e-stamps are "tamper proof" and the likelihood of it being labelled void is "minimal" (2023-05-25).

The Himachal Pradesh e-Stamping Rules, 2011 indicate the following:

1 1. Specification of software to be used by Central Record Keeping Agency.- (1)The Central Record Keeping Agency, in consultation with the Chief Controlling Authority shall design and use such software for indicating the following minimum details of the e-Stamp Certificate,-

1. distinguished serial number or unique identification number (UlN) for each e-Stamp Certificate;
2. date and time of issue of the e-Stamp Certificate
3. code and location of the 'e-Stamp Certificate issuing branch' of the Central Record Keeping Agency or Authorized Collection Centre;
4. unique reference number;
5. amount of stamp duty paid through the stamp certificate in words and figures;
6. name and address of the purchaser or authorized person obtaining the e-Stamp Certificate;
7. names of the first party;
8. name of the second party (if involved);
9. brief description of the instrument on which the stamp duty is intended to be paid;
10. brief description of the property which is subject matter of the instrument of any;
11. any other distinguishing mark of the e-Stamp Certificate, e.g., bar code or security code with micro print and digital optical water mark; and
    
    1. the e-Stamp Certificate shall be as per the format given as Appendix A to these rules.
    2. Central Record Keeping Agency in addition to sub-rule (1) shall also make following provisions,-
       
       1. user-id of the official issuing the e -Stamp Certificate;
       2. digital/ manual signature and seal of the e-Stamp Certificate issuing officer or authorized signatory of the Central Record Keeping Agency or Authorized Collection Centre;
       3. signature of the purchaser or authorized person obtaining the e-Stamp Certificate;
       4. web based facility to access the e-Stamp Certificate;
       5. passwords and codes for locking of the e-Stamp 'Certificate by the District Registrars, Sub-Registrars or any other authorized officer appointed by the Chief Controlling Authority to prevent the reuse of any e-Stamp Certificate;
       6. the option for purchase of additional e-Stamp Certificate under old certificate number available;
       7. facility to cancel the 'spoiled' or 'unused' or 'not required for use' e-Stamp Certificate;
       8. passwords and codes to the authorized officials of the department to search and view any e-Stamp Certificate and to access Management Information System (MIS) and Decision Support System Reports (DSSR);
       9. details of the issued e-Stamp Certificate on the e-Stamping Server (e-SS) maintained by the Central Record Keeping Agency;
       10. availability of different transaction details and reports relating to e-stamping as mentioned in rule 43 on the website of the Central Record Keeping Agency which shall be accessible only to the officers authorized by the Chief Controlling Authority. (Himachal Pradesh 2011, bold in original)

The Government of Punjab's rules for computerisation of stamp duty administration state the following:

10. Specification of software to be used by the Central Record Keeping Agency.- (1) The Central Record Keeping Agency, in consultation with the Chief Controlling Authority shall design and use such software for indicating the following minimum details of the e-Stamp Certificate,

1. distinguished serial number or unique identification number (UIN) for each e-Stamp Certificate;
2. date and time of issue of the e-Stamp Certificate;
3. code and location of the Authorised Collection Centre from where 'e-Stamp Certificate' is issued;
4. unique reference number;
5. amount of stamp duty paid through the e-Stamp Certificate in words and figures;
6. name of the purchaser or authorized person obtaining thee-Stamp Certificate;
7. names of the first party;
8. name of the second party (if involved);
9. brief description of the instrument on which the stamp duty is intended to be paid;
10. brief description of the property which is subject matter of the instrument, if any;
11. any other distinguishing mark of the e-Stamp Certificate, e.g., bar code or security code with micro print and digital optical water mark; and
    
    1. the e-Stamp Certificate shall be as per the format given as Appendix-A to these rules.
    2. The Central Record Keeping Agency in addition to sub-rule (1), shall also make the following provisions:
       
       1. user-id of the official issuing the e-Stamp Certificate;
       2. signature and seal on the e-Stamp Certificate of issuing officer or the authorized signatory of the Central Record Keeping Agency or the Authorized Collection Centre;
       3. signature of the purchaser or authorized person obtaining the e-Stamp Certificate;
       4. web based facility to access the e-Stamp Certificate;
       5. passwords and codes for locking of the e-Stamp Certificate by the District Registrars, the Sub-Registrars or any other authorized officer appointed by the Chief Controlling Authority to prevent the reuse of any e-Stamp Certificate;
       6. the option for purchase of additional e-Stamp Certificate under old certificate number available;
       7. facility to cancel the 'spoiled' or 'unused' or 'not required for use' e-Stamp Certificate;
       8. passwords and codes to the authorized officials of the department to search and view any e-Stamp Certificate and to access Management Information System (MIS) and Decision Support System Reports (DSSR);
       9. details of the issued e-Stamp Certificate on thee-Stamping Server (e-SS) maintained by the Central Record Keeping Agency;
       10. availability of different transaction details and reports relating to e-Stamping as provided in rule 43 on the website of the Central Record Keeping Agency, which shall be accessible only to the officers authorized by the Chief Controlling Authority; and
       11. any other function as specified in writing by the Chief Controlling Authority. (Punjab 2014, 902-903, bold in original)

5. Prevalence of Fraudulent Affidavits

According to the advocate, irregular affidavits are "frequent" as the contents "might not be properly drafted/verified" (2023-05-17). The Senior Associate in Delhi noted that "anyone can get an e-stamp by paying the stamp duty but the same cannot be put to use legally without proper attestation by an officer authorized for this purpose" (2023-05-23). The Senior Associate in Mumbai stated that filing fraudulent affidavits is "not too common" as it is a criminal contempt of court and fraudulent affidavits are "not easily accessible" (2023-05-25).

Sources state that the Uddhav Thackeray-led Shiv Sena faction submitted to the Election Commissioner over 4,500 fake affidavits with Aadhaar cards attached (The Hindu 2022-10-12; The Indian Express 2022-10-09) and a First Information Report (FIR) [1] was registered under the Indian Penal Code for cheating and forgery (The Indian Express 2022-10-09). According to sources, notaries were notarizing documents without the person it was being prepared for being present (The Times of India 2022-10-14) or authorities would verify whether someone had properly been nominated to prepare and notarize the affidavits without the presence of the deponents (The Indian Express 2022-10-09).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] For information on First Information Reports (FIRs), see Response to Information Request IND200628 of June 2021.

References

Advocate, India. 2023-05-17. Correspondence with the Research Directorate.

Himachal Pradesh. 2011. Revenue Department. The Himachal Pradesh e-Stamping Rules, 2011. [Accessed 2023-05-09]

The Hindu. 2022-10-12. Shoumojit Banerjee. "Shiv Sena 'Fake Affidavits' Case: Mumbai Police Begin Probe." [Accessed 2023-05-12]

India. 2023. High Court of Tripura. The High Court of Tripura Rules, 2023. [Accessed 2023-05-09]

India. 2020. High Court of Uttarakhand. High Court of Uttarakhand Rules, 2020. [Accessed 2023-05-09]

India. 2019. High Court of Manipur. High Court of Manipur Rules, 2019. [Accessed 2023-05-08]

India. 2017. Supreme Court. Handbook on Practice and Procedure and Office Procedure. [Accessed 2023-05-29]

India. 2011. High Court of Sikkim. Sikkim High Court (Practice and Procedure) Rules 2011. [Accessed 2023-05-09]

India. 2008. High Court of Madhya Pradesh. High Court of Madhya Pradesh Rules, 2008. [Accessed 2023-05-08]

India. 1990. High Court of Andhra Pradesh. The Andhra Pradesh Civil Rules of Practice and Circular Orders, 1990. [Accessed 2023-05-05]

India. 1980. High Court of Bombay. The Bombay High Court (Original Side) Rules, 1980. "Chapter XII: Affidavits." [Accessed 2023-05-02]

India. 1952 (amended 2012). High Court of Rajasthan. Rules of the High Court of Judicature for Rajasthan 1952. [Accessed 2023-05-09]

India. 1908. Code of Civil Procedure, 1908. [Accessed 2023-05-29]

India. N.d.a. High Court of Punjab and Haryana. Punjab and Haryana High Court Rules and Orders. Vol. 5. [Accessed 2023-05-29]

India. N.d.b. High Court of Punjab and Haryana. Punjab and Haryana High Court Rules and Orders. Vol. 4. [Accessed 2023-05-29]

India. N.d.c. High Court of Delhi. Court Rules. "Chapter 12: Oaths, Affirmations and Affidavits." [Accessed 2023-05-09]

The Indian Express. 2022-10-09. "Mumbai: Probe into 'Fake Affidavits' Case Transferred to Crime Branch." [Accessed 2023-05-12]

Punjab. 2014. Department of Revenue, Rehabilitation and Disaster Management. Rules. [Accessed 2023-05-05]

Senior Associate, law firm in Delhi. 2023-05-23. Correspondence with the Research Directorate.

Senior Associate, law firm in Mumbai. 2023-05-25. Correspondence with the Research Directorate.

The Times of India. 2022-10-14. "Fake Affidavit Fraud: Thane ex-Mayor Seeks SIT Probe." [Accessed 2023-05-12]

Additional Sources Consulted

Oral sources: assistant professor of law at a Gujarati university; associate professor of law at an Indian law school; India – e-Committee, Supreme Court; law firm based in Chandigarh; law firm based in New Delhi; Lawyers Collective Women's Rights Initiative; professor of law at a Bengali university; professor of law at a Gujarati university; professor of law at an Indian law school; Punjab and Haryana High Court Bar Association; Socio-Legal Information Centre.

Internet sites, including: Allied Legal; Australia – Department of Foreign Affairs and Trade; Business Standard; The Economic Times; India – Calcutta High Court, Department of Administrative Reforms and Public Grievances, Department of Legal Affairs, e-Committee of Supreme Court, High Court of Chhattisgarh, High Court of Gujarat, High Court of Jammu & Kashmir and Ladakh, High Court of Jharkhand, High Court of Judicature at Allahabad, High Court of Karnataka, High Court of Kerala, High Court of Meghalaya, High Court of Orissa, High Court of Judicature at Patna, High Court for the State of Telangana, Madras High Court, Ministry of Corporate Affairs, Ministry of External Affairs, Ministry of Law and Justice, National Government Services Portal, National Legal Services Authority, Press Information Bureau; IndiaFilings; Manipur – Revenue Department; Odisha – Home Department; The Tribune; West Bengal – Finance Department.