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What is the difference between affidavit and declaration?

11-Mar-2026
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Answer By law4u team

The difference between an affidavit and a declaration mainly lies in the manner of verification and legal formality, though both are written statements of facts. An affidavit is a written statement made on oath or affirmation before an authorized officer such as a notary public, oath commissioner, or magistrate. The person making the affidavit swears that the contents are true. Because it is given under oath, it has strong evidentiary value and is commonly used in courts and legal proceedings. Affidavits are generally recognized under principles of the Indian Evidence Act, 1872 and are authenticated as per the Notaries Act, 1952. A declaration, on the other hand, is a written statement where a person declares that certain facts are true, but it may not always be sworn before a notary or authority unless specifically required by law. Declarations are often used for administrative or procedural purposes such as government forms, employment matters, or self declarations submitted to authorities. The key differences are that an affidavit requires oath and attestation by an authorized officer while a declaration may not require notarization in many cases. An affidavit generally carries higher legal weight as evidence, whereas a declaration is mainly a statement of confirmation unless law specifically gives it evidentiary value. If a false statement is made in an affidavit it can lead to serious legal consequences including perjury, while false declarations may also attract penalties depending on the law under which they are given.

Answer By Anik

Dear client, An affidavit is a voluntary written statement of facts sworn or affirmed before an authorized interpreter, such as a notary public, oath commissioner or magistrate, etc. It is made on the oath and is typically used as evidence in courts of law. Since it is sworn under oath, the making of a false statement in an affidavit may amount to perjury and can attract legal punishments. A declaration, on the other hand, is a written statement made by a person without his being sworn under oath. It is generally prepared to assert or confirm certain facts for administrative, official or legal purposes such as in applications, forms or documents submitted to authorities. While there is a declaration which says that the information given here is true to the best of the person's knowledge, it does not hold the same level of importance in terms of evidence as an affidavit, as it is not made under oath. If you have any query please feel free to contact us.

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