Filing of affidavit
Daljit Singh Mann
(Querist) 30 November 2016
This query is : Resolved
Respected Advocates,
Good Evening
"A" a higher officer filed an Affidavit in High Court for and on behalf of himself and another subordinate officer "B" but without any consent/ authorization of "B". My query is whether 'A" has committed crime as laid down under section 191 and 192 of IPC.
Thanks and have a nice evening.
With Regards:
Daljit Singh Mann
Devajyoti Barman
(Expert) 01 December 2016
No written authroisation is required to affirm affidavit on behalf of co -litigant.
The crime occurs when it has been done even when he was instructed not to do so.
Rajendra K Goyal
(Expert) 02 December 2016
In the given facts agree with the expert Devajyoti Barman.
P. Venu
(Expert) 03 December 2016
It is the bane of our judicial system that most irresponsible affidavits are being filed in various Courts, High Courts and Supreme Court included. That exactly is the reason why government is the biggest and the most persistent litigant.
It is hightime that some remedial action comes forth.