Introduction:

A sworn statement in writing made especially under oath or on affirmation before an

authorized magistrate or officer The witness's affidavit was presented to the court as
evidence.
In Indian law, although an affidavit may be taken as proof of the facts stated therein, the
Courts have no jurisdiction to admit evidence by way of affidavit. Affidavit is treated as
"evidence" within the meaning of Section 3 of the Evidence Act.[3] However, it was held by
the Supreme Court that an affidavit can be used as evidence only if the Court so orders for
sufficient reasons, namely, the right of the opposite party to have the deponent produced
for cross-examination (Khandesh Spg & Wvg Mills CO. Ltd. Vs Rashtriya Girni Kamgar Sangh,
citation 1960 AIR571, 1960 SCR(2) 841). Therefore, an affidavit cannot ordinarily be used as
evidence in absence of a specific order of the Court.