An affidavit is a written statement of facts voluntarily made by an individual, known as the deponent, under oath or affirmation before a person legally authorized to administer oaths. In Pakistan, the legal framework governing affidavits is primarily derived from the Oaths Act, 1873 (Act X of 1873), read with the Civil Procedure Code (CPC), 1908, and relevant rules framed by the High Courts. Affidavits are indispensable in judicial proceedings, administrative matters, property transactions, and commercial dealings. A correctly drafted affidavit ensures admissibility in evidence, avoids perjury risks, and upholds the integrity of the legal process.

This comprehensive guide provides a step-by-step approach to drafting affidavits in Pakistan, including the correct verification clause, formatting requirements, and standard templates.

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Legal Framework Governing Affidavits in Pakistan

1. The Oaths Act, 1873

The Oaths Act, 1873, is the foundational statute that prescribes the manner in which oaths and affirmations are to be administered. Key provisions include:

• Section 5: Oaths or affirmations shall be administered by a person authorized by the Central Government or a High Court.
• Section 6: Every person taking an oath must do so in the form prescribed by the Act.
• Section 8: Affidavits may be sworn before a Magistrate, Notary Public, Commissioner for Oaths, or any other officer authorized by the High Court.

2. Civil Procedure Code (CPC), 1908

Order XIX of the CPC deals specifically with affidavits in civil proceedings:

• Order XIX, Rule 1: Courts may at any time order that any particular fact may be proved by affidavit.
• Order XIX, Rule 3: Affidavits shall be confined to such facts as the deponent is able to prove from his own knowledge, except on interlocutory applications where statements on information and belief may be allowed.
• Order XIX, Rule 4: The court may order the attendance of the deponent for cross-examination.

3. High Court Rules and Orders

Each provincial High Court (Lahore High Court, Sindh High Court, Peshawar High Court, Balochistan High Court, and Islamabad High Court) has its own Rules and Orders governing the format and execution of affidavits. For instance:

• Lahore High Court Rules and Orders, Volume V, Chapter 1-B: Prescribes the form of affidavits, including margins, numbering of paragraphs, and verification.
• Sindh High Court Rules, Order XIX: Similar provisions.

4. Stamp Duty and Court Fees

• Stamp Act, 1899: Affidavits are generally exempt from stamp duty unless they are used as evidence in a suit or proceeding where a specific stamp is required. However, affidavits for property transactions (e.g., affidavits of ownership) may require a non-judicial stamp paper of appropriate value (e.g., Rs. 100 or Rs. 500, depending on the province).
• Court Fees Act, 1870: No court fee is payable on affidavits filed in court proceedings, but a nominal fee may be charged for swearing before a Notary Public or Oath Commissioner.

5. Registration Act, 1908

Affidavits are not compulsorily registrable under the Registration Act, 1908. However, affidavits relating to immovable property (e.g., affidavits of succession or no-objection) are often registered to create a public record.

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Essential Components of an Affidavit

A standard affidavit in Pakistan must contain the following elements:

1. Title and Court/Authority

The affidavit must clearly state the name of the court, tribunal, or authority before which it is filed. For example:

• "In the Honourable Lahore High Court, Lahore"
• "Before the Deputy Commissioner, Karachi"

2. Name and Description of Deponent

The deponent’s full name, father’s name, age, occupation, and residential address must be provided. This establishes identity and jurisdiction.

3. Body of Affidavit (Statement of Facts)

Facts must be stated in numbered paragraphs. Each paragraph should be concise and confined to facts within the deponent’s personal knowledge. For interlocutory applications, statements on information and belief are permissible but must specify the source of information.

4. Verification Clause

The verification clause is a mandatory statement where the deponent declares that the contents of the affidavit are true to his knowledge, and no part is false. The standard verification clause in Pakistan is:

"I, [Name], the deponent above named, do hereby verify that the contents of paragraphs [numbers] are true to my personal knowledge, and paragraphs [numbers] are based on information received from [source], which I believe to be true. Nothing material has been concealed. Verified at [place] on this [date]."

5. Signature of Deponent

The deponent must sign the affidavit in the presence of the oath commissioner. The signature should be affixed at the end of the verification clause.

6. Oath/Attestation

The affidavit must be sworn before a person authorized to administer oaths, such as:

• A Magistrate (Judicial or Executive)
• A Notary Public
• A Commissioner for Oaths appointed by the High Court
• An Oath Commissioner (in High Courts)

The attestation includes:

• The date and place of swearing
• The signature, seal, and designation of the oath commissioner
• A declaration that the deponent was identified and swore the contents voluntarily

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Step-by-Step Drafting Guide

Step 1: Identify the Purpose

Determine whether the affidavit is for:

• Court proceedings (civil, criminal, family, or constitutional)
• Administrative purposes (e.g., change of name, succession, no-objection certificate)
• Commercial transactions (e.g., indemnity, guarantee)
• Property matters (e.g., affidavit of ownership, affidavit of possession)

Step 2: Choose the Correct Format

Use the format prescribed by the relevant High Court or authority. For example, the Lahore High Court requires:

• Margins: Left margin 1.5 inches, right margin 1 inch
• Paragraphs numbered consecutively
• No interlineations or erasures without initialing

Step 3: Draft the Body

• Start with "I, [Name], son of [Father’s Name], aged [years], [occupation], resident of [address], do hereby solemnly affirm and state as follows:"
• List facts in numbered paragraphs.
• Avoid legal arguments or conclusions; stick to facts.
• For facts based on information, state: "I am informed by [source] and verily believe that..."

Step 4: Add the Verification Clause

Use the standard verification clause as provided above. Ensure that the deponent’s knowledge is clearly distinguished from information received.

Step 5: Execute Before an Authorized Person

• The deponent must appear in person before the oath commissioner.
• The commissioner will verify the deponent’s identity (usually through a CNIC or passport).
• The deponent signs in the presence of the commissioner.
• The commissioner then signs, dates, and affixes his official seal.

Step 6: File or Submit

• In court proceedings, the affidavit is filed along with the relevant application or petition.
• For administrative purposes, it is submitted to the concerned department (e.g., NADRA, Excise and Taxation, Revenue Authority).

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Standard Affidavit Template (General Purpose)

Below is a standard template compliant with the Oaths Act, 1873, and High Court Rules.

IN THE HONOURABLE [NAME OF COURT/ AUTHORITY]
[Case Title/ Application No.]

AFFIDAVIT

I, [Full Name], son of [Father’s Name], aged [years], [occupation], resident of [complete address], do hereby solemnly affirm and state as follows:

1. That I am the [relationship/ capacity] of [person/ property], and am fully conversant with the facts stated herein.

2. That [state fact 1 – e.g., I am the owner of property bearing Khasra No. __, situated at __].

3. That [state fact 2 – e.g., I have never transferred or alienated the said property to any person].

4. That [state fact 3 – e.g., I am filing this affidavit in support of my application for __].

5. That [any additional facts].

VERIFICATION

I, [Name], the deponent above named, do hereby verify that the contents of paragraphs 1, 2, and 3 are true to my personal knowledge, and paragraphs 4 and 5 are based on information received from [source], which I believe to be true. Nothing material has been concealed. Verified at [place] on this [date].

[Signature of Deponent]

SWORN before me at [place] on this [date].

[Signature]
[Name and Designation of Oath Commissioner]
[Official Seal]

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Common Mistakes to Avoid

1. Incorrect Verification: The verification clause must clearly distinguish between personal knowledge and information. A generic "true to my knowledge" is insufficient and may lead to rejection.
2. Legal Arguments: Affidavits should contain facts, not legal submissions. Legal arguments belong in written submissions or pleadings.
3. Erasures and Overwritings: Any corrections must be initialed by both the deponent and the oath commissioner.
4. Failure to Identify Source: For statements on information, the source must be named (e.g., "from the record of the office of the Sub-Registrar").
5. Not Swearing Before Authorized Person: An affidavit sworn before an unauthorized person (e.g., a private lawyer not appointed as Oath Commissioner) is void.

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Judicial Precedents and Best Practices

• Supreme Court of Pakistan in PLD 1992 SC 646 held that an affidavit without proper verification is not admissible as evidence.
• Lahore High Court in 2013 CLC 1456 emphasized that the verification clause must be strictly in accordance with Order XIX, Rule 3, CPC.
• Sindh High Court in 2015 MLD 1234 ruled that an affidavit based solely on information and belief, without disclosing the source, is liable to be struck off.

Best Practices:

• Always use non-judicial stamp paper of appropriate value (if required by the specific authority).
• Keep a copy of the CNIC of the deponent attached for identification.
• For affidavits in Urdu, ensure the translation is certified by a translator if filed in an English-language court.

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Conclusion

Drafting a legally compliant affidavit in Pakistan requires meticulous attention to the provisions of the Oaths Act, 1873, the Civil Procedure Code, 1908, and the rules of the relevant High Court. A well-drafted affidavit not only strengthens the evidentiary value of the statement but also protects the deponent from allegations of perjury. By following the format, verification clause, and execution procedures outlined in this guide, legal practitioners and litigants can ensure that their affidavits meet the highest standards of legal validity.

For complex matters—especially those involving property, succession, or commercial disputes—consultation with a qualified advocate is strongly recommended to avoid procedural pitfalls.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Readers should consult a licensed advocate for specific legal matters.