Sworn Affidavits and “Approver Affidavits” in Legal Context

October 23, 2023

A sworn affidavit is a legal document in which a person makes a formal statement or declaration, typically before a notary or an officer of the court. In this document, the individual affirms that certain facts mentioned within the affidavit are true to the best of their knowledge. In India, the General Clauses Act, 1897, defines an affidavit as an “affirmation and declaration” made by a person who is allowed to affirm or declare instead of swearing.

Legal Basis for Affidavits

Section 3(3) of India’s General Clauses Act, 1897, defines an “affidavit” as an “affirmation and declaration” made by individuals permitted by law to affirm or declare instead of swearing.
Affidavits are typically administered before a person authorized to administer oaths or affirmations, such as a notary or a court officer.

Limitations on Administering Affidavits

Section 4 of the Oaths Act, 1969, in India authorizes courts and individuals with the authority to receive evidence to administer oaths and affirmations.
Administering oaths and affirmations should occur while these individuals are performing their legal duties or exercising their conferred powers.
Failure to administer affidavits within this legal framework can render them inadmissible as evidence.

Purpose of Affidavits

Affidavits serve various legal and official purposes, including providing evidence in legal proceedings or trials.
They can also be used for non-legal purposes, such as property registration or declarations of legal heirs.

Approver Affidavits

An “approver affidavit” is not a legal term defined in statutes.
In legal contexts, an “approver” refers to a person who may have been involved in an offense but later cooperates with the prosecution, often in exchange for a reduced sentence or pardon.
Section 306 of the CrPC (Criminal Procedure Code) provides for the tender of pardon to an accomplice in a crime on the condition that they disclose the full and true details of their knowledge about the offense.
The expression “approver affidavit” is not a recognized legal term, but it appears to be used informally by individuals involved in legal proceedings.

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