What is the Difference Between Affidavit and Statutory Declaration?

The main difference between an affidavit and a statutory declaration lies in their purpose and usage. Both are written statements of facts, but they are used in different legal contexts. Here are the key differences:

1. Purpose: An affidavit is a written statement of facts that is sworn to be true by the person making the statement (the affiant) in front of an individual with legal authority. Statutory declarations, on the other hand, are used to affirm a statement by a declarant or author, and they are typically used outside of a court of law.
2. Usage: Affidavits are generally used as evidence in court proceedings, while statutory declarations tend to be used for purposes outside of court.
3. Formalities: Both affidavits and statutory declarations are legally binding and have the same legal consequences if a person knowingly provides false information. However, an affidavit requires the person making the statement to confirm the truthfulness of the statement by swearing under oath, while a statutory declaration simply requires the declarant to affirm the statement.
4. Further Differences: The person making an affidavit is called the affiant, while a person making a declaration is called the declarant.

In summary, affidavits are used primarily in court proceedings and must be sworn to be true, while statutory declarations are used for purposes outside of court and simply require the declarant to affirm the statement.

Comparative Table: Affidavit vs Statutory Declaration

The main differences between an affidavit and a statutory declaration are their usage and the method by which they are made. Here is a comparison table highlighting the key differences:

Both affidavits and statutory declarations are formal, written statements of fact, and they are both legally binding. If a person knowingly provides false information in either document, they can be prosecuted for the crime of perjury.