# Definition of 'Affidavit' — Section 3(3)
## Statutory Definition
> Section 3(3): 'Affidavit' shall include affirmation and declaration in the case of persons by law allowed to affirm or declare instead of swearing.
## Nature of the Definition
This is an inclusive definition (uses 'include'). It does not exhaustively define 'affidavit' but extends it to cover affirmations and declarations.
## Affidavit in General Parlance
> An affidavit is a written statement confirmed by oath or affirmation for use as evidence in court or before any authority.
## What does the Section Add?
In ordinary understanding, an affidavit involves taking an oath (e.g., 'I swear by God...'). However:
- Some persons (by religion or belief) may not wish to swear
- The law allows them to affirm or declare instead of swearing
This Section provides that even such affirmations and declarations qualify as affidavits.
## Three Forms — All are Affidavits
| Form | Description |
|---|---|
| Sworn statement (oath) | The traditional form — swearing by God or sacred text |
| Affirmation | Solemn declaration (no religious oath) — for those who decline to swear |
| Declaration | Formal statement — for persons permitted by law to declare instead of swear |
## Why this is important
Without this provision:
- Persons unable/unwilling to take oaths could be excluded
- Their statements might not have evidentiary value as affidavits
This inclusive definition ensures equal treatment regardless of the form chosen.
## Practical Use
Affidavits are used in:
- Court proceedings (as evidence)
- Submissions to government authorities
- Corporate compliance (e.g., affidavits filed under the Companies Act)
- Legal documentation