Affidavit or Notary? A Clear Guide to Their Differences and Uses

What is the difference between an Affidavit and a Notary & it's application?

An Affidavit and a Notary serve different legal purposes, though they are often related.

Here's the key difference:

1. Affidavit

An affidavit is a written sworn statement made voluntarily by a person (deponent/affiant) under oath or affirmation. It is used as evidence in legal proceedings, official documentation, or declarations.

Key Features:

- Made by an individual (deponent/affiant).

- Sworn under oath before an authority (notary, magistrate, or commissioner of oaths).

- Used for legal, financial, and administrative purposes (e.g., name change, address proof, property disputes, legal claims).

2. Notary (Notarization)

A notary is a public official (Notary Public) who verifies, authenticates, and attests documents, ensuring their legitimacy. Notarization is the process of certifying documents to prevent fraud.

Key Features:

- The notary public verifies the signer’s identity and confirms they are signing voluntarily.

- Adds a notarial seal and signature as proof of authenticity.

- Used for legal documents, contracts, power of attorney, affidavits, wills, etc.

Relation Between the Two

An affidavit often requires notarization to be considered legally valid. However, notarization does not create an affidavit—it only verifies its authenticity.

An affidavit is submitted to the Judiciary, while a notarized document is submitted to Quasi-Judicial bodies.

1. Judiciary – The formal judicial system comprising courts and judges, responsible for interpreting and enforcing the law with legally binding decisions. Courts have the ultimate authority in legal matters.

2. Quasi-Judiciary – Bodies with limited judicial powers that operate outside the formal court system. These include tribunals, regulatory agencies, and commissions (e.g., Human Rights Commissions, Consumer Dispute Redressal Forums). Their decisions can be reviewed or appealed in regular courts.