Can affidavit be evidence

Normally in Courts of law except in case of original petitions, verified petitions, all interlocutory applications are supported by affidavits. Apart from it certain facts under certain statutory provisions can be proved by affidavits. It is no doubt true that affidavits are not included in the definition of evidence under section 3 of the Indian Evidence Act. An affidavit per se does not become evidence in the Court in Suits. An affidavit must comply with the requirements of law and an affidavit which does not comply with the requirements of law is not an affidavit at all in the eye of law.

Good I Would Also Like TO Know.

If Possible With the section & case laws.

But if it is a criminal witness (PW No. 1) than what about the cross examination & chief examintation ?

REPLY

What is the meaning & difference between original petitions & verified petitions, also the meaning of  interlocutory applications ?

An affidavit per se (per se means in itself) does not become evidence in the Court in Suits (Suits means any suits or some specified suits) as per which section & case laws.

not possible.

because

every document marked as evidence to be marked with its author/ party to such document.

if the author is at US, his evidence will have no value

If a party deposes in-person in ront of court about something within party's own knowledge and belief,  the court may order to prove/eliminate dobt on veracity of such facts by 'affidavit' Sec 30 (c) of CPC 1908.

Only court has pwoers to order discovery by way of affidavit

Affidavit of deposition filed by witness:- witness must be made available for cross exam , otherwise his testimony is liable to be rejected.

better you tell your matter clearly.

Can affidavit be an evidence in divorce case?

-----      affidavit basically a legal declaration by a party. it depends upon the matter.

Can his affidavit be a valid evidence?

--------          for giving evidence ( witness)  he has to come to india. otherwise with the permission of court he can submit his witness other than the court.

First we need to understant what is Affidavit?

Affidavit is an affirmation and declaration according to GC Act 1897.

Now evidence a/c The Indian Evidence Act 1872, evidence mence means which can be leggally taken on OATH, and which lead to discrition and judgement.

But in Sheoraj vs A.P Batra, 1955 ALL 683......... even though the Evicence Act Categorically dones no tapply to affidavit, providing a fact by a affidavit is no tbarred.