affidavit cancel

An affidavit is a sworn statement of fact that a person makes voluntarily and confirms by oath or affirmation before an authority such as a notary, magistrate, or oath commissioner. In India, affidavits are widely used for legal, administrative, and personal purposes—such as name changes, property transactions, identity verification, and court proceedings.

But a common question arises: Can an affidavit be cancelled once it is created and attested? The answer is not straightforward, as affidavits are legal declarations, and their cancellation depends on the context. This blog will explain the possibilities and limitations of cancelling an affidavit.

What Is an Affidavit?

Before exploring cancellation, it is important to understand the nature of an affidavit:

  • It is a written statement of facts sworn to be true by the person making it (the deponent).
  • It carries legal weight, meaning false statements in an affidavit can lead to perjury charges under the Indian Penal Code.
  • Once signed and attested, it becomes a legally recognized document.

Can an Affidavit Be Cancelled?

Technically, an affidavit cannot be cancelled in the way a contract or agreement can be revoked. This is because:

  • An affidavit is not an agreement between two parties but a statement of fact.
  • Once sworn, it becomes a permanent declaration.

However, if the contents are incorrect, false, or need modification, there are ways to nullify or replace it rather than directly cancelling it.

Situations Where an Affidavit May Be Nullified or Replaced

1. By Filing a Fresh Affidavit

If a person realizes there are mistakes in their earlier affidavit, they can execute a new affidavit with the correct facts.

  • The new affidavit should clearly state that it supersedes the previous one.
  • Authorities generally accept the most recent affidavit as valid.

2. By Court Order

If an affidavit is challenged in court (e.g., containing false statements, misrepresentation, or fraud), the court can declare it invalid or disregard it as evidence.

In judicial matters, if a deponent wishes to withdraw an affidavit filed before the court, they can seek permission from the judge. The court may allow withdrawal or replacement with a corrected affidavit.

4. By Demonstrating Falsehood

If it is proven that an affidavit contains false statements, it can be nullified legally, and the deponent may face penal consequences.

Difference Between Cancelling and Replacing an Affidavit

  • Cancelling: There is no direct legal provision to cancel an affidavit once executed.
  • Replacing/Correcting: A new affidavit can be filed to rectify errors or update information.

Thus, practically, one cannot “cancel” an affidavit but can issue a new one to override the old.

If a person knowingly files a false affidavit, it is a serious offence under Section 191 and Section 193 of the Indian Penal Code (perjury). The punishment may include imprisonment up to 7 years and fines. Hence, affidavits should always be drafted truthfully and carefully.

Best Practices for Affidavits

  1. Check accuracy of facts before swearing.
  2. Use professional drafting services to avoid errors.
  3. If changes are required, execute a fresh affidavit instead of trying to cancel the earlier one.
  4. For legal proceedings, always take the court’s permission before withdrawing or replacing an affidavit.

Conclusion

To sum up, an affidavit cannot be directly cancelled after it has been executed and attested. However, if it contains errors or outdated information, the deponent can prepare a new affidavit that overrides the old one. In judicial cases, withdrawal or replacement requires the court’s approval. Therefore, instead of thinking of “cancelling” an affidavit, the correct approach is to replace or supersede it with an updated and accurate version.