Understanding Affidavits, Statutory Declarations, and Statement of Evidence

Navigating legal documents can be confusing, especially when terms like affidavit, statutory declaration, and statement of evidence are used interchangeably. While they all serve to present evidence, they each have unique roles in the legal system. At Bansal Lawyers, we’re here to simplify these terms and guide you through the process.

1. Affidavit: A Sworn Statement of Fact

An affidavit is a written statement of facts, sworn to be true by the maker in front of an authorized witness, like a justice of the peace or police officer. It’s commonly used in court to present evidence before trial. The document is read in court, and if uncontested, becomes the witness's testimony.

How to make an affidavit:

• Find an authorized witness (e.g., justice of the peace, police officer).
• Prepare the document and complete it (but don’t sign it yet).
• Sign in front of your witness, swearing that the contents are true.

2. Statutory Declaration: A Legal Declaration Outside Court

A statutory declaration is a sworn statement used in non-court situations, like verifying identity for a government agency. While it’s less formal than an affidavit, it still carries legal weight, and false statements can lead to penalties.

How to make a statutory declaration:

• Find an authorized witness.
• Complete the form (but don’t sign yet).
• Swear or affirm the statement is true and sign in front of the witness.

3. Statement of Evidence: A Signed Account of Testimony

A statement of evidence is a written account of what a witness will say in court. Unlike affidavits, it's not sworn but is signed. The witness can later confirm its truth under oath in court, making it eligible for use as evidence.

Important: If you make a false statement in an affidavit or statutory declaration, it’s a criminal offense and can result in serious penalties, including imprisonment.

Conclusion

Understanding the difference between these legal documents is key for anyone involved in legal matters. Whether you need to make an affidavit, statutory declaration, or statement of evidence, Bansal Lawyers is here to help guide you through the process and ensure your documents are accurate and legally sound. Contact us today for professional advice!