Affidavit in Bangladesh: An affidavit is a written sworn statement of fact made voluntarily by a person — known as the deponent — before an authorised officer such as a Notary Public or a Magistrate. By signing an affidavit, the deponent declares under oath that the contents of the statement are true to the best of their knowledge and belief.
An affidavit in Bangladesh is used across a wide range of legal, administrative, and personal matters — from court proceedings and property transactions to passport applications, immigration matters, educational purposes, and name change declarations. It is one of the most commonly required legal documents in the country.
At M. Elahi & Associates, we assist individuals, families, and businesses in preparing accurate and legally valid affidavits for all purposes. This guide explains everything you need to know about making an affidavit in Bangladesh.
Why an Affidavit Matters
An affidavit carries legal weight because it is a sworn statement. Making a false statement in an affidavit is a punishable offence under the Penal Code of Bangladesh. This is what gives an affidavit its authority — it is not simply a signed letter but a formal declaration made under legal obligation.
Whenever a government authority, court, or private institution requires verified personal information, an affidavit in Bangladesh provides that verification in a legally recognised form.
Common Types of Affidavit in Bangladesh
Different situations call for different types of affidavit. The following are among the most commonly required:
- General Affidavit
A general affidavit is a broad sworn statement used to confirm facts, declare personal information, or support an application where no specific affidavit format is prescribed. It is widely used for administrative purposes across government offices and private institutions.
- Affidavit for Name Change
When a person wishes to officially change their name — or correct an inconsistency in their name across different documents — an affidavit for name change is required. This is commonly needed where a name differs between a National ID card, passport, educational certificates, and birth registration.
Why it matters:
Name discrepancies can cause serious difficulties in passport applications, visa processing, employment, banking, and inheritance matters. A properly drafted affidavit for name change, combined with a newspaper announcement, is the standard legal remedy.
- Affidavit for Lost Document
Where a person has lost an important document — such as a land deed, educational certificate, passport, or national ID — an affidavit declaring the loss is often required alongside a General Diary (GD) entry at the local police station. This affidavit protects the deponent against claims that they are misusing the lost document.
- Affidavit for Property Matters
Property-related affidavits are used in land transactions, inheritance declarations, gift transfers, and disputes involving immovable property. They are frequently required alongside registered deeds and mutation applications.
If you are dealing with a land or property matter, an affidavit may form part of the required documentation.
- Affidavit for Passport and Immigration
Passport offices and immigration authorities in Bangladesh frequently require affidavits to verify personal information, confirm identity, support a name correction, or declare marital status. Non-resident Bangladeshis (NRBs) often require affidavits prepared in Bangladesh for use in immigration proceedings abroad.
- Affidavit for Educational Purposes
Educational institutions and examination boards may require affidavits to verify a student’s identity, confirm a date of birth discrepancy, or support an application for certificate correction.
- Affidavit of Support
In family immigration and sponsorship matters, an affidavit of support is used to confirm that a sponsor is financially responsible for a dependent. This is commonly required for visa applications and foreign embassy submissions.
- Affidavit for Marital Status
An affidavit confirming marital status — whether single, married, divorced, or widowed — is frequently required for foreign embassies, immigration applications, and certain government office submissions.
- Affidavit for Court Proceedings
In civil and criminal matters, affidavits are used to present evidence, support interlocutory applications, and verify facts before the court. Courts in Bangladesh regularly require affidavits in connection with injunction applications, declarations, and interlocutory orders.
Our litigation team regularly prepares and files affidavits in connection with court proceedings across Bangladesh.
- Affidavit for Business and Corporate Purposes
Companies and partnerships may require affidavits for company registration, trade licence applications, bank account opening, and various regulatory compliance matters.
Legal Framework Governing Affidavits in Bangladesh
Affidavits in Bangladesh are governed by several laws and procedural rules:
The Oaths Act 1873
This Act governs the administration of oaths and affirmations in legal proceedings and before public servants. It sets out who is authorised to administer oaths and the circumstances in which oaths are required.
The Notaries Ordinance 1961
This ordinance governs the appointment and functions of Notaries Public in Bangladesh. A Notary Public is authorised to attest, certify, and authenticate affidavits and other documents. Notarised affidavits are widely accepted for both domestic and international use.
The Code of Civil Procedure 1908
Under the Code of Civil Procedure, affidavits are used as a form of evidence in civil proceedings. Order XIX of the Code specifically deals with affidavits filed in civil courts.
The Penal Code 1860
Making a false statement in a sworn affidavit constitutes giving false evidence, which is a criminal offence punishable under the Penal Code. This underlines the importance of accuracy and honesty in the preparation of any affidavit in Bangladesh.
How to Make an Affidavit in Bangladesh
The process of making an affidavit in Bangladesh involves several steps:
Step 1 — Identify the Purpose
Determine the specific purpose for which the affidavit is required. Different purposes require different content, format, and sometimes specific language. Submitting an incorrectly drafted affidavit may cause your application to be rejected.
Step 2 — Draft the Affidavit
The affidavit should be drafted clearly and accurately. It must include:
- Full name, address, and other identifying details of the deponent
- A clear statement of the facts being declared
- The phrase confirming that the contents are true to the best of the deponent’s knowledge and belief
- Date and place of execution
For court affidavits and notarial affidavits, the language, format, and content requirements may differ. Professional legal assistance helps ensure the affidavit is properly structured.
Step 3 — Purchase Non-Judicial Stamp Paper
In Bangladesh, affidavits are typically executed on non-judicial stamp paper of the appropriate value, purchased from a licensed stamp vendor. The required stamp value may vary depending on the purpose and the receiving authority.
Step 4 — Execute Before an Authorised Officer
The deponent must appear in person before an authorised officer — typically a Notary Public or First Class Magistrate — and sign the affidavit in their presence. The officer will administer the oath and attest the affidavit with their seal and signature.
Where to execute:
- Notary Public offices (for notarised affidavits accepted domestically and internationally)
- Court offices (for affidavits filed in civil or criminal proceedings)
- Magistrate offices (for certain government-required affidavits)
Step 5 — Obtain Notarisation If Required
For affidavits to be used abroad — for embassy submissions, immigration applications, or foreign institutions — notarisation by a Notary Public appointed under the Notaries Ordinance 1961 is typically required. In some cases, further legalisation or apostille may be needed depending on the destination country.
Step 6 — Submit to the Relevant Authority
Once properly executed, the affidavit is submitted to the relevant authority — whether a government office, court, embassy, bank, or educational institution — along with any other required supporting documents.
Common Mistakes to Avoid
Many affidavit applications are delayed or rejected due to avoidable errors. Common mistakes include:
- Incorrect personal details or inconsistent name spellings
- Missing or incorrect stamp paper value
- Failure to appear in person before the attesting officer
- Incomplete or vague statement of facts
- Using the wrong type of affidavit for the intended purpose
- Failure to notarise when notarisation is required
A qualified lawyer can help you avoid these errors and ensure your affidavit is valid and accepted first time.
Why You Should Consult a Lawyer
Although it is possible to prepare a simple affidavit without legal help, professional assistance is strongly recommended in the following situations:
Court Affidavits
Affidavits filed in court proceedings must meet strict procedural requirements. Errors in format, content, or verification can result in the affidavit being rejected by the court or weakening your legal position. Our experienced lawyers prepare court affidavits regularly across a wide range of civil and criminal matters.
Property and Land Affidavits
Where an affidavit relates to land ownership, inheritance, or property transactions, the legal stakes are high. A poorly drafted affidavit can create complications in mutation applications, title disputes, and future transactions. See our Real Estate and Land practice area for more information.
Immigration and Embassy Affidavits
Embassy and immigration authorities have specific requirements for affidavits. We assist clients — including non-resident Bangladeshis — in preparing affidavits that meet the requirements of foreign embassies and immigration authorities.
Business Affidavits
Corporate affidavits for company registration, banking, and regulatory purposes require accuracy and proper legal language. Our Corporate and Commercial team assists businesses with all related documentation.
Family Law Affidavits
Affidavits relating to marriage, divorce, child custody, and inheritance require careful drafting to protect your legal rights. Our Family Law team can assist with affidavits across all family law matters.
Common Challenges and Solutions
Inconsistent Personal Information Across Documents
Where a person’s name, date of birth, or other details differ across their NID, passport, and educational certificates, a properly drafted affidavit — combined with supporting documents — is the standard solution. Our team has extensive experience drafting affidavits for name and identity correction purposes.
Affidavits Required for Use Abroad
Affidavits prepared in Bangladesh for use in foreign countries often require notarisation followed by additional authentication steps. We guide clients through the full process to ensure the document is accepted by the relevant foreign authority.
Urgent Affidavit Requirements
Some situations — such as court deadlines or visa application cut-off dates — require affidavits to be prepared and executed quickly. We provide prompt assistance to clients facing time-sensitive affidavit needs.
Key Takeaways
- An Affidavit Is a Legally Binding Sworn Statement
Making a false statement in an affidavit is a criminal offence. Always ensure that the contents of your affidavit are accurate and complete.
- The Correct Format Matters
Different purposes require different formats, stamp paper values, and attesting authorities. Submitting an incorrectly formatted affidavit may result in rejection or delay.
- Notarisation Is Often Required
For affidavits used in court proceedings, property transactions, or international submissions, notarisation by a qualified Notary Public is typically required.
- Professional Drafting Prevents Costly Errors
A poorly drafted affidavit can cause delays, rejections, and in some cases, legal complications. Seeking professional legal assistance at the drafting stage is a worthwhile investment.
- Seek Legal Advice for Complex Situations
Where an affidavit relates to court proceedings, property matters, immigration, or family law, professional legal advice is strongly recommended to protect your interests.
Documents Typically Needed to Prepare an Affidavit
Depending on the purpose, you may need to provide some or all of the following:
- National Identity Card (NID)
- Passport (if available)
- Birth registration certificate
- Educational certificates (if relevant)
- Land documents (for property affidavits)
- General Diary copy (for lost document affidavits)
- Marriage or divorce certificate (if relevant)
- Any previous affidavits or declarations on the same matter
Prevention: Getting It Right the First Time
- Identify the exact purpose and required format before drafting
- Use the correct denomination of non-judicial stamp paper
- Ensure all personal details are consistent with your NID and other official documents
- Appear in person before the attesting officer — the affidavit cannot be signed in advance
- Keep certified copies of all executed affidavits for your records
- Where the affidavit is for use abroad, confirm the authentication requirements with the relevant embassy or authority in advance
Need Legal Assistance?
If you need to prepare an affidavit in Bangladesh — for court, property, immigration, educational, or any other purpose — contact Elahi Legal today for professional legal assistance.
Phone: +880-17175-54759 Website: elahilegal.com Office: Eastern Arzoo Suite No. 1 (11th Floor), 61, Bijoy Nagar, Dhaka-1000
Our experienced lawyers are ready to draft, review, and notarise your affidavit efficiently and accurately.
Don’t risk rejection or delay due to an incorrectly prepared affidavit. Get expert legal support from the start.
Frequently Asked Questions
How much does it cost to make an affidavit in Bangladesh?
The cost includes the non-judicial stamp paper fee (which varies by purpose and authority), the notary or attesting officer’s fee, and any professional legal drafting fees. Contact us for a clear understanding of the costs involved in your specific situation.
Can I make an affidavit without a lawyer in Bangladesh?
For simple affidavits, it is possible to draft and execute the document without a lawyer. However, for court affidavits, property matters, immigration submissions, and complex declarations, professional legal assistance is strongly recommended to avoid errors and ensure legal validity.
How long does it take to get an affidavit notarised in Bangladesh?
A straightforward affidavit can typically be notarised on the same day if all documents are in order. More complex affidavits requiring research or review of supporting documents may take longer.
Is a notarised affidavit accepted in other countries?
A notarised affidavit prepared in Bangladesh is generally accepted for domestic purposes and by many foreign authorities. However, some countries require additional steps — such as attestation by the Ministry of Foreign Affairs or an apostille — before the document is accepted. We advise clients on the full authentication process for their specific destination country.
What happens if I make a false statement in an affidavit?
Making a false statement in a sworn affidavit is a criminal offence under the Penal Code of Bangladesh. It is treated as giving false evidence and carries serious legal consequences. Always ensure the contents of your affidavit are truthful and accurate.
This article is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a qualified lawyer at M. Elahi & Associates.
