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The short answer
An affidavit in Odisha is a written statement of facts that you swear or affirm to be true before an authorised person: a notary appointed under the Notaries Act, 1952, an oath commissioner appointed by the Orissa High Court or a District Judge, or a magistrate. Affidavits for use in court are usually sworn before the court's oath commissioner and do not need stamp paper; affidavits for other purposes generally do. For many Odisha government services, a self-declaration or self-attested copy is now accepted instead of an affidavit.
What an affidavit is
An affidavit in Odisha (shapathapatra in Odia) is a statement of facts, written in the first person, that the maker (the deponent) signs and swears or solemnly affirms before a person authorised to administer oaths. Once sworn, it is evidence of those facts, and a false statement in it is the offence of giving false evidence under Sections 227 and 229 of the Bharatiya Nyaya Sanhita, 2023 (formerly Sections 191 and 193 IPC).
The Oaths Act, 1969 says who may administer oaths and affirmations. Section 139 of the Code of Civil Procedure adds that, for affidavits under the Code, the oath may be administered by a court or magistrate, a notary, or an officer or other person whom the High Court appoints. The same people attest affidavits used in criminal courts.
What an affidavit must contain
- A title (for a court affidavit, the cause title of the case: court, case number, parties).
- The deponent's full name, father's or husband's name, age, occupation and address.
- Numbered paragraphs stating facts, one point per paragraph. Facts within your own knowledge should be stated as such; information from documents or other people should say so and give the source.
- A verification clause stating which paragraphs are true to your knowledge and which are based on information or records believed to be true, with the place and date.
- The deponent's signature (or thumb impression) made in front of the attesting officer, who then signs, seals and enters it in a register.
Courts have repeatedly criticised affidavits with vague or copied verifications. Never sign a blank or half-filled affidavit, and read the Odia or English text before signing; if you cannot read the language, the attesting officer should record that it was read over and explained to you.
Notary, oath commissioner or magistrate: who to go to
| Attesting person | Appointed by | Typical use |
|---|---|---|
| Oath commissioner | Orissa High Court (for the High Court) or the District Judge (for courts in the district) | Affidavits to be filed in that court: petitions, written statements, bail and maintenance affidavits |
| Notary | Central Government or Government of Odisha, under the Notaries Act, 1952 | Affidavits for banks, schools, government offices, gas or electricity connections; attesting and authenticating documents |
| Executive or judicial magistrate | By office | Affidavits where a department asks for attestation by a magistrate |
Oath commissioners usually sit in the court campus, for example at the Orissa High Court in Cuttack and at the civil and criminal court complexes in Bhubaneswar. Notaries have chambers near most court complexes and Sub-Registrar offices. The Department of Legal Affairs keeps details of centrally appointed notaries, and the state Law Department those appointed by Odisha.
What a notary does
Section 8 of the Notaries Act lists a notary's functions, including verifying, authenticating, certifying or attesting the execution of any instrument, administering oaths and taking affidavits, and translating and verifying translations. In practice a notary should:
- see the deponent in person and check identity (Aadhaar, PAN, voter card or similar);
- make sure the deponent understands the contents;
- see the deponent sign, then sign and seal the document and record it in the notarial register with a serial number.
A notary cannot certify facts he or she does not know; notarisation only proves that the person signed and swore before the notary. A notarised agreement is not a registered document. Sale deeds, gift deeds and other documents that must be registered under the Registration Act need registration at the Sub-Registrar office, not just notarisation (see deed registration in Odisha and, for powers of attorney, power of attorney in Odisha).
Stamp paper and e-stamp
- Court affidavits: the Indian Stamp Act exempts an affidavit made for the immediate purpose of being filed or used in a court or before an officer of a court. Court affidavits in Odisha are therefore generally typed on plain paper and sworn before the oath commissioner, with any court fee or welfare stamp the court rules require.
- Other affidavits: an affidavit for a bank, school or office is chargeable with a fixed stamp duty under the Stamp Act as it applies in Odisha, and the notary's act may carry its own duty. Ask the office receiving the affidavit what value it expects, and check the current rate with the Sub-Registrar or the stamp vendor.
- Physical stamp paper or e-stamp: both are used in Odisha. Buy only from a licensed vendor or authorised e-stamping centre, in the deponent's name, and check the certificate number on the official verification facility. See the planned guide on e-stamping in Odisha.
When self-attestation is enough
Following the central government's 2014 push for self-certification, Odisha departments notified that for many public services a self-declaration or a self-attested photocopy is accepted in place of an affidavit or a gazetted officer's attestation. The Odisha Right to Public Services portal lists department-wise orders, covering for example many admissions, scholarships, recruitments, transport services and municipal water connections. Some services still ask for an affidavit, such as an affidavit by all legal heirs for certain pension or gratuity payments. Before paying for stamp paper, ask the office whether a self-declaration will do.
Self-attestation simply means signing a photocopy of your own document and writing "self-attested". It carries legal responsibility: a false self-declaration can still lead to prosecution.
Common affidavits in Odisha
- Name change or one-and-the-same-person affidavit (see name change in Odisha).
- Affidavit for late birth or death registration.
- Affidavits of assets and liabilities in maintenance cases, as required by the Supreme Court in Rajnesh v Neha.
- Affidavits in support of petitions and applications in civil and criminal courts, and evidence affidavits (examination-in-chief by affidavit).
- Income, residence or gap-year affidavits asked for by colleges or employers.
Documents to take
- The draft affidavit, unsigned.
- Original identity proof and a photocopy, and a passport photograph if the office receiving it wants one affixed.
- Stamp paper or e-stamp of the required value, where needed.
- For a court affidavit, the case number and a copy of the petition it supports.
Documents for use abroad need a different process (notarisation followed by state and MEA attestation or apostille); see the planned guide on document attestation and apostille. Related drafting work is described under drafting and opinions, and court offices are listed on the courts page.
Odia terms used in this guide
| Odia | Transliteration | Meaning |
|---|---|---|
| ଶପଥପତ୍ର | shapathapatra | affidavit |
Frequently asked questions
What stamp paper value is needed for an affidavit in Odisha?
Affidavits to be filed in court are exempt from stamp duty. For other affidavits a fixed duty applies under the Stamp Act as it applies in Odisha; confirm the current value with the Sub-Registrar, the stamp vendor or the office that asked for the affidavit.
What is the difference between a notary and an oath commissioner?
A notary is appointed under the Notaries Act, 1952 and can attest affidavits and documents for any purpose. An oath commissioner is appointed by the High Court or District Judge to attest affidavits for use in court.
Is a notarised agreement valid without registration?
A notarised document is valid as a signed agreement, but notarisation does not replace registration. Sale, gift, mortgage and other documents that must be registered have no effect on title to immovable property unless registered.
Can I use a self-declaration instead of an affidavit in Odisha?
For many Odisha government services, yes. Departments have notified self-certification in place of affidavits and gazetted officer attestation; check the Odisha Right to Public Services portal or ask the office.
Can an affidavit be made online in Odisha?
Stamp duty can be paid through e-stamping, but the deponent must still sign and swear before the attesting officer. Ask the court or office whether it accepts any remote procedure.
What happens if an affidavit contains a false statement?
Making a false statement on oath is giving false evidence under Sections 227 and 229 of the Bharatiya Nyaya Sanhita, 2023, punishable with imprisonment and fine.
Official sources
- Notaries Act, 1952 and Oaths Act, 1969 (India Code)
- Department of Legal Affairs, Government of India: notaries
- Odisha Right to Public Services: self-certification in lieu of affidavit
- Orissa High Court, Cuttack
General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.