Is swearing of false affidavit in itself a crime under IPC?

Legal Fighter (Querist) 21 February 2011 This query is : Resolved
Is swearing of false affidavit in itself a crime under IPC (without being produced in court of law)?

Also is making of false affidavit comes under the definition of forgery?

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Arvind Singh Chauhan (Expert) 21 February 2011
Any statement on oath is not a crime unless it is used before some authority.

A V Vishal (Expert) 21 February 2011
Section 191 of Indian Penal Code provides
"Whoever being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence".
The offence is a bailable offence and is triable by a Magistrate of First Class.

Guest (Expert) 22 February 2011
preparation, attempt completed in this offence. So penal provisions attracted.

Advocate. Arunagiri (Expert) 22 February 2011
It is not an offense if the same is not produced before the court. If the same is produced offense u/s 193 ipc is made out.

G. ARAVINTHAN (Expert) 22 February 2011
If the presiding officer refers it as a complaint under Section 340 Cr.P.C, it will be punishable

DEFENSE ADVOCATE.-firmaction@g (Expert) 22 February 2011
You have to first prove it is false and than as suggested only section 340 remedy is availble which is seldom used.

Ajay Bansal (Expert) 22 February 2011
Agreed with only S.Ganesan.

Guest (Expert) 22 February 2011
I also agree with S. Ganesan. False affidavit, of course, is also a willful forgery.

Legal Fighter (Querist) 22 February 2011
Respected members, under which section of IPC does the preparation of false affidavit an offence? Please let me know.

If I read the Sections 463 and 464 simultaneously, I am not very convinced if the false affidavit is covered under the defition of "forged document".

Please comment.

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