Affidavits are exempt from the application of the Evidence Act since the deponent’s claim of facts based on his own knowledge and opinion does not qualify as evidence. When a person is permitted by law to affirm or declare instead of swearing, it must be included in the affidavit. Affidavit-related matters are governed by CPC (Order 19, Rules 1, 2, and 3) and CrPC (Sections 295 and 297). Even though affidavits are expressly exempt from the scope of the Evidence Act, doing so is not prohibited. If no facts have been refuted in the counter-
Affidavits were ruled to be excluded from the definition of “evidence” under Section 3 in the case of Nirmala v. Hari Singh (AIR 2001 HP 2001). And unless the law (CPC/CrPC) clearly authorises some items to be shown by affidavit, an affidavit cannot be used in evidence, when the statements is not refuted in counter affidavit, the Court is always free to consider all allegations made in an affidavit. If you want to be a judicial officer and are looking for judiciary coaching in Jaipur, here, at Jyoti Judiciary we provide comprehensive study material to make your preparation solidified and topnotch. From preliminary mock tests, to mains answer writing sessions every material required for clearing the exam is provided. We have separate legal current affairs classes, legal general knowledge, current affairs classes all in one time enrolment. Hurry up.
