Can an Affidavit Sworn Abroad Be Acceptable in Pakistan?
When addressing the admissibility and acceptability of affidavits sworn abroad in Pakistan, it is essential to navigate the complex interplay of statutory provisions, judicial interpretations, and procedural requirements. This article aims to elucidate the legal standing and procedural formalities concerning affidavits sworn outside Pakistan, providing clarity for clients and legal practitioners.
Legal Framework
The primary statute governing the admissibility of affidavits in Pakistan is the Oaths Act, 1873. According to Section 5 of the Oaths Act, an affidavit intended for use in judicial proceedings must be sworn before a person authorised to administer oaths. For affidavits sworn outside Pakistan, the situation is further guided by the Notaries Ordinance, 1961, and relevant international conventions and bilateral agreements that Pakistan is a party to, such as the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (1961), commonly known as the Apostille Convention.
Procedure for Affidavits Sworn Abroad
- Notarisation: The affidavit must be notarised by a Notary Public or a similar authorised official in the foreign jurisdiction. This process ensures the document’s authenticity and the identity of the affiant.
- Apostille or Legalisation: For countries that are signatories to the Hague Apostille Convention, the notarised affidavit should bear an Apostille certificate. This certificate authenticates the origin of the public document. For non-signatory countries, the affidavit must be legalised through the Pakistani embassy or consulate in the respective country. This involves verification by the foreign office of the said country and subsequent authentication by the Pakistani diplomatic mission.
- Attestation by the Foreign Office in Pakistan: Upon arrival in Pakistan, the affidavit must be submitted to the Ministry of Foreign Affairs for attestation. This attestation serves as the final step in verifying the document’s authenticity and ensuring it meets Pakistani legal standards.
Judicial Precedents
Pakistani courts have addressed the admissibility of affidavits sworn abroad in several landmark cases. The Supreme Court and High Courts have generally upheld the admissibility of such affidavits, provided they comply with the procedural requirements mentioned above. (See DAVID VAUGHAN RACKLIN versus DEPUTY REGISTRAR OF TRADE MARKS, KARACHI 1986 MLD 1666 where it was held that there is no provision in the Evidence Act which requires any affidavit sword in a foreign country to be authenticated by the Pakistani Embassy)
Practical Considerations
Document Content and Form: The content of the affidavit should comply with Pakistani legal standards. This includes the structure, language, and necessary declarations required under Pakistani law.
Translation Requirements: If the affidavit is in a language other than English or Urdu, an official translation must be provided. The translation should be notarised and, if necessary, attested in the same manner as the original document.
Use in Judicial and Non-Judicial Settings: Affidavits sworn abroad can be used in both judicial proceedings and non-judicial matters in Pakistan, such as property transactions, business agreements, and administrative procedures, provided they meet the required legal formalities.
Conclusion
Affidavits sworn abroad can indeed be acceptable in Pakistan, contingent upon strict adherence to notarisation, legalisation, and attestation protocols. Understanding these procedural intricacies is crucial for ensuring the admissibility and effectiveness of such documents in Pakistani legal and administrative contexts. Clients and legal practitioners must exercise due diligence in complying with these requirements to safeguard the legal standing of affidavits sworn outside Pakistan.
For specific cases and further legal advice, email us at aemen@joshandmak.com
Additonal FAQ:
Pakistan: Sworn Affidavits – Procedure, Requirements, Appearance, Security Features, and Costs
1. Obtaining a Sworn Affidavit in Pakistan
1.1 Requirements and Procedures
To obtain a sworn affidavit in Pakistan, several steps must be followed according to the Stamp Act, 1899 (Act II of 1899). Initially, the individual must visit an authorised stamp paper vendor, providing a copy of their ID card or a recent photograph. The individual must sign or place a thumbprint on the vendor’s register, after which the vendor issues the sworn affidavit on a stamp paper.
The process necessitates acquiring a non-judicial stamp paper from a licensed vendor. The deponent (the individual giving the affidavit) or their authorised agent must purchase this stamp paper. During the purchase, the vendor records the deponent’s Computerized National Identity Card (CNIC) number and thumb impression. The stamp paper is then marked with the vendor’s stamp, date of issuance, serial number, value, and the deponent’s details.
A CNIC is mandatory as proof of Pakistani nationality, and affidavits can also be obtained from registered notary publics. The affidavit is then either written or typed on the stamp paper, with the oath being administered by an oath commissioner or a notary public.
For affidavits intended for use outside Pakistan, it is required to be sworn before a notary public and attested by the Ministry of Foreign Affairs, as per the receiving country’s requirements. The Ministry of Foreign Affairs provides attestation services in its offices located in major cities such as Lahore, Karachi, Quetta, and Peshawar.
1.2 Appearance and Security Features
The appearance of affidavits includes being issued on stamp paper with a yellow background, with varying rupee values ranging from 50 to 1000 PKR. Some affidavits may include a barcode for additional security.
However, there are generally no inherent security features like barcodes on the stamp paper itself. The authenticity can be verified through the stamp vendor’s register, which records the purchaser’s name, CNIC, serial number, and purpose of issuance. Oaths on affidavits are administered by either an oath commissioner or a notary public. Notaries, under the Notaries Ordinance, 1961, are empowered to administer oaths and take affidavits related to commercial and mercantile documents.
The specific design of the stamp papers varies across Pakistan, and the contents of affidavits can differ based on the requirements of the receiving office. When Rs. 50 stamp papers are unavailable, affidavits can be printed on higher-value stamp papers.
1.3 Cost of an Affidavit
The cost of a sworn affidavit in Pakistan ranges from 50 to 1000 PKR, varying with the subject matter. The price of non-judicial stamp papers ranges between 50 and 150 PKR, depending on the value of the available stamp paper. The fee charged by an oath commissioner is approximately 10 PKR per page of the affidavit, although this fee scale can vary, and receipts are generally not issued.
