Rule 81. Affidavits of illiterate, visually challenged persons

Chapter X · Affidavits

81.1 The rule

Where an affidavit is sworn or affirmed by any person who appears to be illiterate, visually challenged or unacquainted with the language in which the affidavit is written, the attester shall certify that the affidavit was read, explained or translated by him or in his presence to the deponent and that he seemed to understand it, and made his signature or mark in the presence of the attester which shall include all the information as specified in GSTAT FORM-05.

81.2 What it does

Rule 81 places a duty on the attester, not on the deponent. Where the deponent appears not to be able to read the affidavit for himself — because he is illiterate, because he is visually challenged, or because it is written in a language he does not know — the attester must put on record that its contents were conveyed to the deponent, that the deponent appeared to understand them, and that he signed or marked it in the attester's presence.