Description
Schedule 3 of the Civil Procedure Code (CPC) deals with the **provisions related to the rules for affidavits. It specifies the form of affidavits used in civil proceedings, detailing the procedure for taking affidavits and the circumstances under which they can be filed in court as part of the judicial process.
Purpose of Schedule 3:
The primary purpose of Schedule 3 is to standardize the use of affidavits in civil litigation. An affidavit is a written statement made under oath or affirmation before a notary public, magistrate, or authorized official. Affidavits are typically used to present evidence, make sworn statements, or affirm facts in civil proceedings. By setting rules and providing a clear structure, this schedule helps to ensure consistency and clarity in the use of affidavits.
Key Provisions of Schedule 3:
1. Form of Affidavits:
Schedule 3 provides a prescribed format for affidavits that must be followed in civil proceedings. These include the following main elements:
- Title of the Court: The affidavit should begin with the name of the court in which the proceeding is taking place.
- Case Details: It should include the title of the case, the parties involved, and case number.
- Affiant’s Information: The person who swears the affidavit (the deponent) must include their full name, address, and occupation.
- Statement of Facts: The affidavit must clearly and concisely state the facts or information that the deponent is attesting to. The facts should be arranged in numbered paragraphs.
- Affirmation/Oath: At the end of the affidavit, the deponent must swear or affirm the truth of the contents. This part of the affidavit is typically done before a magistrate, notary, or any authorized officer.
- Signature: The deponent must sign the affidavit, and it should be dated with the date of swearing.
- Witness/Notary: A witness (such as a notary public or court official) will also need to sign the affidavit, confirming the deponent's identity and that they have sworn the affidavit.
Example of a Basic Affidavit Structure in Schedule 3:
Title of the Court:
In the [name of the court], [place].
Title of the Case:
[Plaintiff’s name] vs. [Defendant’s name].
Details of the Deponent:
I, [full name], aged [age], son/daughter of [father's name], residing at [address], do hereby solemnly affirm and state as follows:
Statement of Facts:
1. The Plaintiff/Defendant in this case has committed the following acts...
2. I was present at the location on [date] when the incident occurred...
Oath/Declaration:
I swear/affirm that the facts mentioned above are true to the best of my knowledge and belief.
Signature of Deponent:
[Signature of the deponent]
Signature of Witness/Notary:
[Signature of the person administering the oath]
2. Use of Affidavits in Civil Proceedings:
Affidavits are a common tool in civil litigation and can be used in various circumstances, such as:
- In support of a petition or application: When filing a petition or application to the court, an affidavit may be used to support the facts or information outlined in the petition.
- As evidence: Affidavits can serve as evidence in the form of sworn statements from witnesses or parties involved.
- Affirmation of documents: Parties may use affidavits to verify that a document submitted is authentic and accurate.
- Sworn Testimonies: In some cases, the deponent may be required to swear that they will testify on the matter and that the contents of the affidavit are truthful.
Example Use Case:
An affidavit might be used in a divorce case to verify claims about financial status, children’s custody, or other relevant facts. It might also be used in a contract dispute to authenticate evidence like emails, messages, or other documents that the party is relying on.
3. Requirements for Affidavits:
- Proper Execution: The affidavit must be executed in accordance with legal requirements. It is important that the deponent understands the contents and makes the declaration voluntarily. The presence of a qualified notary or official is required to validate the affidavit.
- Jurisdiction and Legal Formalities: Affidavits must be sworn before a competent authority such as a magistrate or notary public. Some jurisdictions may have specific requirements about who can administer an oath for the affidavit.
4. Affidavit of Documents:
- Affidavit of documents is a type of affidavit where a party provides a list of documents that they intend to rely on in a case. This may include contracts, receipts, witness statements, and other documents. The purpose is to give the court and opposing parties a clear view of what evidence will be used.
- The affidavit will detail that the listed documents are in the possession of the deponent and may include reference numbers or descriptions to identify them.
Punishment
Perjury: If a deponent swears an affidavit knowing that the contents are false, they may be subject to charges of perjury, which is a criminal offense.Legal Sanctions: In addition to criminal charges, false affidavits may lead to sanctions in the civil case itself, including dismissal of claims or adverse judgments.Contempt of Court: A party submitting a false affidavit could also be found in contempt of court, leading to fines or imprisonment.
