If you are stuck in such a situation, here is what to do.

Mr. Alok Verma recently graduated from the “Pinnacle Institute of Management” in the city of Adampur, Raj Pradesh. He is now back in his hometown in Ganga Pradesh. He needs to claim his caution money of Rs. 10,000 from the institute. However, he has misplaced the original payment receipt. The institute’s accounts department has asked him to submit a sworn affidavit declaring the loss of the receipt and undertaking not to misuse it if found later. Alok is concerned whether an affidavit prepared and notarized in his hometown in Ganga Pradesh will be considered legally valid by his former institute in Raj Pradesh. Generally, an affidavit duly sworn before a Notary Public in one state is valid and admissible for official and legal purposes throughout India.

Advice in such cases

• Check with the receiving institution for any specific format or wording they require for the affidavit.
• Ensure the affidavit is executed on non-judicial stamp paper of the appropriate value as per the Stamp Act of the state where it is being made.
• The affidavit must be sworn before and attested by a Notary Public appointed under the Notaries Act, 1952, or an Oath Commissioner. The seal and registration number of the Notary are crucial for its nationwide validity.
• The content of the affidavit must be truthful and accurate to the best of your knowledge.
• Always retain a photocopy or a scanned digital copy of the fully executed and notarized affidavit for your personal records before sending the original.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The validity of an affidavit across different states is primarily governed by the following statutes:

• The Oaths Act, 1969: This Act standardizes the law relating to oaths and affirmations. Section 4 of the Act provides that an oath or affirmation made before a person authorized to administer it shall be valid for all purposes. Notaries Public are authorized persons for this purpose.
• The Notaries Act, 1952: This Act regulates the profession of notaries. A key function of a notary is to verify and authenticate the execution of documents. A document, such as an affidavit, that is notarized by a duly appointed Notary Public is presumed to be authentic and is legally recognized across the entire country.
• The Indian Evidence Act, 1872: While not directly mentioning affidavits in this context, Section 85 of the Act establishes a legal presumption of genuineness for powers of attorney that have been executed before and authenticated by a Notary Public. This principle of presumed authenticity is widely extended to affidavits as well, reinforcing their validity nationwide.
• The Indian Stamp Act, 1899: This Act mandates that certain instruments, including affidavits, must be executed on stamp paper of a specific value. Compliance with the relevant State Stamp Act where the affidavit is executed is essential for its legal validity.

If you are the complainant

If you are the person submitting the affidavit (the deponent), you should take the following precautions:

• Double-check that all personal details mentioned in the affidavit, such as your name, father’s name, and address, are completely accurate.
• Read the contents carefully and ensure that every statement made is true and correct. Submitting a false affidavit is a punishable offense.
• Confirm that the Notary Public or Oath Commissioner properly signs and seals the document and ideally makes an entry in their official register.
• Send the original copy of the affidavit to the required authority using a secure and trackable method like registered post or a reputable courier service.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the authority or institution receiving the affidavit, you should:

• Examine the Notary’s seal, signature, and registration number to ensure they appear legitimate. If there are doubts, the credentials of a notary can be verified.
• Check that the affidavit is on the correct value non-judicial stamp paper as required by law.
• Ensure the identity of the deponent has been duly verified by the attesting authority.
• You are not bound to act on an affidavit if its contents appear to be false, misleading, or fraudulent. In such cases, you may request further proof or seek legal counsel.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In routine administrative matters like claiming a refund with an affidavit, there is no role for the police. Police intervention would only occur if a criminal complaint is filed subsequently. For example, if the Pinnacle Institute of Management were to discover that Mr. Verma had submitted a false affidavit to fraudulently claim the refund, they could file a First Information Report (FIR). This would lead to a police investigation for offenses like cheating and giving false evidence, which are punishable under the Bharatiya Nyaya Sanhita, 2023 (BNS). The investigation would then proceed according to the procedures laid out in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

What evidence is required?

The affidavit itself serves as the evidence of the statements it contains. For it to be considered valid and reliable evidence, it must include the following components:

• The sworn statement of the person making the affidavit (the deponent).
• The signature of the deponent.
• Execution on a non-judicial stamp paper of the correct denomination.
• Proper attestation, including the signature, seal, and registration number of a Notary Public or an Oath Commissioner.
• The date and place of execution must be clearly mentioned.

How long will the investigation take?

For accepting an affidavit for an administrative purpose, there is no “investigation” in the legal sense. The time taken to process the request is subject to the internal policies and workflow of the organization receiving the affidavit. If the document is in order, the process can be completed swiftly. However, if the organization has queries or requires additional verification, it may lead to delays in processing the claim or request.

Advocate Sudhir Rao, Supreme Court of India