Affidavit Bangladesh: Purpose, Types, and How to Make One

An affidavit (হলফনামা in Bangla) is a written statement of facts that the maker swears under oath to be true. It is used as evidence in court proceedings and for a wide range of official purposes. Key characteristics:

• Must be signed by the deponent (the person making the statement).
• Must be sworn before a Notary Public, Oath Commissioner, or Magistrate — who administers the oath.
• Once sworn, the deponent is legally bound — making a false affidavit is perjury under the Penal Code.

An experienced civil lawyer in Dhaka can prepare a legally sound affidavit for your specific purpose.

Affidavits are required or useful in numerous situations in Bangladesh:

• Court proceedings: As evidence, in support of interlocutory applications (stay orders, injunctions), or as a substitute for oral testimony in some matters.
• Name change: A sworn affidavit published in a national newspaper is the primary method of legally changing one's name in Bangladesh.
• Age declaration: Where no birth certificate exists, an affidavit can establish age for official purposes.
• Property matters: Confirming ownership, possession, or family relationships in the absence of formal documents.
• Government/visa applications: Many embassies and government offices require sworn affidavits for specific declarations.
• Academic purposes: Declaring equivalence of qualifications or name discrepancies in certificates.

A legally valid affidavit in Bangladesh must contain:

1. Heading: Court name (if court-related) or general heading.
2. Deponent's identification: Full name, father's name, address, and NID number.
3. Statement of facts: Clearly numbered paragraphs stating each fact. Use plain, precise language.
4. Verification clause: A declaration that the contents are true to the best of the deponent's knowledge.
5. Deponent's signature.
6. Jurat clause: The section completed by the oath-administering official recording that the oath was administered, the date, and their signature and official seal.

Contact Advocate Md. Shah Alam in Uttara to have your affidavit professionally drafted and sworn.

Making a false statement in an affidavit sworn under oath constitutes perjury under the Penal Code 1860 (Section 191-193) — punishable by up to 7 years' imprisonment. If the false affidavit is used to defraud or commit another crime, additional charges apply. Never include anything in an affidavit that you do not know to be true.

Different legal situations call for different types of affidavits. Understanding which type you need prevents rejection by courts, government offices, or embassies. The most common types include:

1. General Affidavit (Sworn Statement of Facts)

Used for: name change declarations, age confirmation, family relationship declarations, loss of documents, and general sworn statements. This is the most common type, prepared before a Notary Public or Oath Commissioner and typically does not require Sub-Registrar registration unless a specific law demands it.

2. Court Affidavit (Evidence on Affidavit)

Filed in court proceedings as evidence or in support of interlocutory applications (injunctions, stay orders, bail applications). Must follow the prescribed format under the Code of Civil Procedure Order XIX or relevant court rules. The deponent is subject to cross-examination in contested matters.

3. Affidavit of Title (Property Matters)

Used in property transactions to confirm ownership, right to sell, or absence of encumbrances. Often required by buyers, mortgage lenders, and Sub-Registrars as a supporting document to the main sale deed. Must contain specific declarations about ownership history, existing liabilities, and freedom from dispute.

4. Affidavit of Heirship / Legal Representative

Confirming who the legal heirs of a deceased person are when no formal succession certificate is available. Used by banks, RJSC, and other institutions to process accounts and shares of a deceased person pending issuance of a formal court succession certificate.

5. Affidavit for Government Offices and Embassies

Many government departments (NID office, passport office, education boards) and foreign embassies require specific sworn affidavits. These often require notarization and sometimes apostille for use abroad. An experienced advocate in Uttara Dhaka can prepare and notarize these documents with proper legal precision.

Not all affidavits need to be registered at the Sub-Registrar's office. Understanding when registration is required (vs. merely notarized) saves time and cost:

When Registration is NOT Required

• Name change affidavit published in a national newspaper
• Age declaration affidavit for education or employment
• Affidavit filed in court as evidence
• General sworn statements before a Notary Public or Oath Commissioner

For these, a Notary Public's seal and signature (or Oath Commissioner before a Magistrate) is sufficient.

When Registration IS Required

• Affidavits that create, declare, assign, limit, or extinguish rights over immovable property (compulsorily registrable under Section 17 of the Registration Act 1908)
• Affidavits that form part of a registered document
• Certain affidavits specifically required by statute to be registered

When registration is needed, the affidavit is presented at the Sub-Registrar's office with proper stamp duty, identity documents, and the required number of witnesses. The Sub-Registrar examines the document, records it, and returns a registered copy bearing the official registration number.

Stamp Duty on Affidavits

Non-judicial stamp paper is required for affidavits. The value of stamp paper varies by the nature of the affidavit and the district. For most general affidavits in Bangladesh, stamp paper of BDT 300–500 is commonly used. Property-related registered affidavits require stamp duty proportional to the property value. A lawyer can advise on the correct stamp denomination to avoid rejection.

In Bangladesh, an affidavit must be sworn before an authorised person. Using an unauthorised person invalidates the affidavit. The authorised officials are:

1. Notary Public

A Notary Public is a lawyer formally appointed by the government under the Notaries Ordinance 1961 to administer oaths and attest documents. Notary Publics are commonly found in major cities — Dhaka, Chittagong, Sylhet, Rajshahi. Their seal and signature authenticate the affidavit for use in Bangladesh and internationally (for foreign purposes, apostille may additionally be required). Most general affidavits are sworn before a Notary Public.

2. Oath Commissioner

An Oath Commissioner is appointed by the Supreme Court of Bangladesh under the Oaths Act 1873 to administer oaths to persons required to make affidavits for use in legal proceedings. Oath Commissioners are typically lawyers appointed specifically for this purpose and are commonly used for court-related affidavits.

3. Magistrate or Judicial Officer

A First Class Magistrate or other judicial officer can administer oaths under the Oaths Act 1873. Affidavits sworn before a Magistrate are particularly authoritative for criminal and court proceedings.

4. Diplomatic/Consular Officers (for overseas use)

For Bangladeshis abroad who need to execute an affidavit for use in Bangladesh, the affidavit can be sworn before a Bangladeshi consular officer at the nearest Bangladesh embassy or high commission. Some countries also permit using local Notary Publics with subsequent apostille certification.

Advocate Md. Shah Alam in Uttara works with Notary Public services — contact us to have your affidavit professionally drafted, sworn, and authenticated in one visit.

You can draft the content yourself, but the affidavit must be sworn before an authorized official (Notary Public, Oath Commissioner, or Magistrate). It is strongly advisable to have a lawyer draft it to ensure legal precision, especially for court proceedings.

A simple affidavit can typically be sworn within the same day — visit a Notary Public with your draft, NID, and the official will administer the oath and stamp the document. For registered affidavits, the Sub-Registrar's office adds a further step.

No. An affidavit is a sworn statement of facts. A power of attorney authorises another person to act on your behalf. They are entirely different documents used for different purposes, though both require signing before authorized officials.