Affidavit Declaration and Statuary Declaration are two formal procedures. They both involve a written statement where the person confirms a piece of certain information. This procedure differs from each other in a lot of ways. They also differ in the way they are used for legal proceedings. However, they both have the perfectly same consequences.
Both Affidavit Declaration and Statuary Declaration include promises but of very different types. Hence, it is very important to know the proper rules of these statements. In this article, we shall learn about the legal proceedings of the two and distinguish between the same.
Affidavit Declaration vs Statuary Declaration
The main difference between Affidavit Declaration and Statuary Declaration is that Affidavit Declaration is where a person makes a clear written statement and takes an oath on it. This is to make an affirmation and confirms the sentence. The whole procedure takes place in front of legally qualified people. Whereas, Statuary Declaration does not require taking any kind of oath. Neither does it require any kind of affirmation.
Affidavit Declaration is used for purposes inside the court. It involves affirmation along with an oath. If the person provides wrong information or is proven to be lying deliberately, he would be lawfully punished. Furthermore, he can be prosecuted for the crime committed. The whole procedure is legally authorized.
On the other hand, Statuary Declaration is used for purposes outside the court. It does not require any oath, along with affirmation. However, it as well needs to be legally witnessed. The person who writes the written statement is referred to as a ‘deponent’. This declaration is required in cases where pieces of evidence are lacking.
Comparison Table Between Affidavit Declaration and Statuary Declaration
| Parameters of Comparison | Affidavit Declaration | Statuary Declaration |
| Ground | Takes place inside the court. | Takes place outside the court. |
| Condition | It is a written testimony that requires affirmation. | It does not require any such affirmation. |
| Term | The person writing the statement is known as an affiant. | The person writing the statement is known as a deponent. |
| Situation | This declaration is done for the affirmation of something. | This declaration is done in cases where the evidence is lacking. |
| Oath | It requires taking an oath. | It does not require taking an oath. |
What is Affidavit Declaration?
Affidavit declarations are mainly written testimony. Here, the testimony is not given orally rather it is done as written proof. It has legal consequences which are pretty powerful.
This declaration takes place in the court and is strict with rules. It requires proper evidence and legal permissions as well. The person claiming the statement is referred to as an affiant.
Affiants need to sign the legal documents in an Affidavit Declaration. It also includes personal knowledge as evidence in the court. The whole procedure takes place in front of legally qualified people.
Furthermore, the person needs to take an oath in the presence of authorities. The documents are needed to be sworn over some kind of religious text. Affiants need to swear upon facts. It includes chronological information. It can be an immigration licence or verification of identity.
What is Statuary Declaration?
Statuary Declaration deals with matters outside the court. It is used for matters such as changing the name. The The person needs to give a written testimony. The written document requires proof and the person presenting it is referred to as Deponent.
In this declaration, there is a certain format to begin or end the sentence with. It is very vital for cases that hardly have any evidence. It ranges from a variety of cases. Starting from identification to declaring nationality, Statuary Declaration is useful.
The declaration might refer to any kind of policy or even some government status. The declaration should contact facts and evidence that the person claims to be true. Severe penalties are set if found guilty.
It is used for various reasons. The most common and important are financial matters, health matters, or confirmation of any sort of personal details. It is further classified into two types. They are (i) Commonwealth (ii) state and territory. This kind of declaration can be made by any common people including retirees.
Main Differences Between Affidavit Declaration and Statuary Declaration
- The main difference between Affidavit Declaration and Statuary Declaration is where they are used. Affidavit Declaration takes place inside the court. Whereas, Statuary Declaration takes place outside the court.
- Affidavit Declaration is a written testimony that requires affirmation. On the other hand, Statuary Declaration does not require any such affirmation.
- Affidavit Declaration is useful for the affirmation of something. Whereas, Statuary Declaration is useful in cases where the evidence is lacking.
- In Affidavit Declaration, the person writing the statement is known as an affiant. The person writing the statement in Statuary Declaration is known as a deponent.
- The former requires affirmation in the form of an oath. The latter does not require any kind of affirmation in the form of an oath.
Conclusion
Affidavit Declaration and Statuary Declaration do have a lot in common when it comes to features. They differ in the way they are used or in the way they proceed. However, there are overlapping similarities in terms and conditions. Both of them are written proof. It further becomes legal documents with the required proof. In Affidavit Declaration, the person signing the document is known as an affiant. Whereas, in Statuary Declaration, the person signing the document is known as a Deponent.
The evidence in the document is needed to be signed by the person. Also, the words must be in the first person form in grammar. In Affidavit Declaration, the affirmation is in the form of an oath. However, in Statuary Declaration, the written testimony is the affirmation itself. All the proceedings take place under the administration and authorities.
References
- https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/clr38§ion=82
- https://www.taylorfrancis.com/chapters/edit/10.4324/9780203855607-16/legal-translation-translating-legal-language-deborah-cao