Oaths act!
persis
(Querist) 02 April 2012
This query is : Resolved
Sirs,
Good evening.
Can anyone confirm if an affidavit falsely and fraudulently executed voluntarily on OATH without any coercion is subject to prosecution. What is the punishment for such acts.
Thanks.
Shonee Kapoor
(Expert) 02 April 2012
No, in criminal trial, the deposition has to be under oath and in person.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 02 April 2012
Section 181. False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation
Whoever, being legally bound by an oath 1[or affirmation] to state the truth on any subject to any public servant or other person authorized by law to administer such oath 2[or affirmation], makes, to such public servant or other person as aforesaid, touching the subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundÂable.
Raj Kumar Makkad
(Expert) 02 April 2012
Nothing to add in the exact reply of sethi.
Nadeem Qureshi
(Expert) 03 April 2012
Mr. Ajay Sethi is reply very well
V R SHROFF
(Expert) 03 April 2012
Mr. Ajay Sethi is reply very well
Punishment—Imprisonment for 3 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.
But in practice, [even Evidence before Court,] Punishment for false Affidavit is rare. It is unfortunate, that trhis attitude, not to punish who give false evidence, false Affidavit, had eroded Judiciary, and Justice, and Public lost confidence in Courts.
Deepak Nair
(Expert) 03 April 2012
Well explained by Mr.Sethi
