The affidavit - or bayan-e-halfi - is one of the most widely used legal documents in Pakistan. It turns a plain statement into sworn evidence that courts, banks, passport offices and government departments will accept. Yet many people get the stamp value or the attestation wrong, and an improperly sworn affidavit can be thrown out. This guide walks you through the format, the correct stamp paper, oath commissioner attestation, and the serious consequences of swearing something untrue.
What is an affidavit?
An affidavit is a voluntary, written declaration of facts that the maker - called the deponent - swears to be true on oath or solemn affirmation. Once sworn, it carries the weight of testimony given from the witness box. The deponent is personally responsible for every word, which is why the document ends with a verification clause confirming that the contents are true to the deponent's knowledge and belief.
A valid affidavit generally contains four parts: the deponent's full particulars (name, parentage, CNIC, address), a numbered set of factual statements in the first person, a verification clause, and the signature of the deponent alongside the oath commissioner's endorsement.
The legal basis for affidavits
Affidavits are recognised across several Pakistani statutes rather than a single act:
- Order XIX, Rules 1 and 2, Code of Civil Procedure 1908 - allows courts to decide matters on affidavit evidence and sets the rules for their use.
- Oaths Act 1873 - empowers oath commissioners to administer oaths and affirmations and to attest affidavits.
- Qanun-e-Shahadat Order 1984 - the law of evidence; Articles 130, 132, 133 and 164 govern when an affidavit is admissible.
- Notaries Ordinance 1961 - authorises notaries public to attest documents including affidavits.
- Stamp Act 1899 - fixes the stamp duty payable, which the provinces apply through their own schedules.
A key limitation: under Order XIX, if the opposing party disputes the contents or asks to cross-examine, the party relying on the affidavit must produce the deponent for questioning. Fail to do that, and the affidavit is stripped of its evidentiary value.
Stamp paper value for an affidavit
The stamp value depends on the province and, in some cases, the subject matter and value involved. Most everyday affidavits sit at the lower end. Court affidavits filed within an ongoing case need not be on stamp paper at all - plain paper is accepted so long as an oath commissioner attests it.
| Type of affidavit | Typical stamp value (PKR) | Notes |
|---|---|---|
| General / personal affidavit | 20 - 50 | Name change, single status, guardianship declarations |
| Property or financial matters | 50 - 100 | Higher value where an asset or transaction is involved |
| Affidavit filed in a pending court case | Plain paper | Stamp not required; oath commissioner attestation still needed |
| Corporate / institutional undertakings | 100 - 500 | Varies by department requirement and province |
Fees vary by province and change over time. The figures above are indicative ranges - always confirm the current stamp value for your specific purpose with the vendor or your lawyer before you buy the paper.
Oath commissioner attestation, step by step
An affidavit only becomes effective once the oath is administered and endorsed. The practical process is short:
- Buy the correct non-judicial stamp paper (or use plain paper for a court filing) and have the statement typed on it.
- Attend before an oath commissioner attached to the district or high court, or a notary public, in person with your original CNIC.
- The oath commissioner administers the oath and satisfies himself of your identity.
- You sign the affidavit in the commissioner's presence.
- The commissioner endorses it with his stamp and signature, confirming the oath was taken. A nominal per-page fee applies.
Oath commissioner or notary? Both can attest an affidavit. An oath commissioner is appointed by the court primarily to administer oaths for legal proceedings, while a notary public has broader powers and is preferred where the document may travel abroad or needs further legalisation.
Common uses of an affidavit
Affidavits appear in almost every corner of civil and administrative life in Pakistan:
| Situation | Purpose of the affidavit |
|---|---|
| Court proceedings | Proof of facts, service of notice, supporting applications |
| Property transactions | Declaration of ownership, no-objection, or undertaking |
| Passport and NADRA matters | Name change, correction of particulars, guardianship |
| Banking and finance | Loss of instrument, indemnity, or verification of identity |
| Employment | Undertakings, declaration of no criminal record |
| Family matters | Single status, custody, or maintenance declarations |
Because the affidavit is so flexible, it is often paired with other instruments. For delegating authority, for example, an affidavit is not enough - you would use a power of attorney instead.
The risk of a false affidavit
An affidavit is sworn on oath, so lying in one is not a minor slip - it is a criminal offence. Under the Pakistan Penal Code 1860:
- Section 193 - intentionally giving false evidence in a judicial proceeding is punishable with imprisonment of up to seven years and a fine.
- Section 199 - a false statement made in a declaration that a court or law is bound to receive as evidence is punished as if it were false evidence.
- Sections 191 and 200 - cover giving false evidence and using a declaration known to be false.
Never sign an affidavit you have not read. The deponent - not the person who drafted it - carries the criminal liability. If any statement is uncertain, correct it before you swear.
Frequently asked questions
What is an affidavit called in Urdu?
It is commonly called bayan-e-halfi - a sworn statement. The person making it is the deponent.
Can I write an affidavit myself?
Yes. There is no requirement that a lawyer draft it, but the wording must be accurate and it must be sworn before an oath commissioner or notary. For anything with legal or financial stakes, a lawyer's review is wise.
Does an affidavit need witnesses?
The essential attestation is by the oath commissioner or notary. Some departments additionally ask for one or two witnesses, but that is a document-specific requirement, not a general rule.
How long is an affidavit valid?
There is no statutory expiry, but many authorities prefer an affidavit dated within the last three to six months, and will ask for a fresh one if facts may have changed.
Can an affidavit sworn in Pakistan be used abroad?
Usually yes, but it often needs further attestation - by a notary, then the Ministry of Foreign Affairs, and sometimes the relevant embassy. Confirm the chain required by the destination country.