False affidavit in court

Querist : Anonymous (Querist) 18 October 2011 This query is : Resolved
A petitioner files two affidavits in two IAs in a money suit claiming in first affidavit that he received Rs 1.2 cr whereas in another affidavit in the same case but different IA he claims he received only Rs 60 lakhs.

Is this an criminal offence to file false affidavit in court?
If yes can FIR be filed in PS?

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Guest (Expert) 18 October 2011
NO CHANCE. ONLY THE CIVIL COURT TO DECIDE BASED UPON THE ALLEGATIONS WHICH MAY BE RAISED BY YOU. FOR INITIATION OF PROSECUTION SANCTION IS REQUIRED. THE PRESIDING OFFICER HAS TO ACCORD SANCTION TO PROSECUTION. YOU CANNOT PROCEED.

Kiran Kumar (Expert) 18 October 2011
this issue will not result into the registration of FIR....however, the concerned deponent can be prosecuted later for perjury.

let the Hon'ble court decide upon the veracity of the affidavits first.

Devajyoti Barman (Expert) 18 October 2011
This is not a case for lodging complaint in the PS. This is a case of perjury for which you can file a petition u/s 340 of crpc in the court where such false statement on oath has been filed so that the court may send the same to the Magistrate for causing necessary inquiry and if needed for taking cognizance of the offence.

Raj Kumar Makkad (Expert) 18 October 2011
I do agree with kiran and Barman.

prabhakar singh (Expert) 18 October 2011
I too agree with kiran and Barman.

Shonee Kapoor (Expert) 18 October 2011
for false affidavit, perjury can be filed.

However mere contradictions, howsoever stark is no ground for filing perjury.

Let the cross be over and then decide in which case to file perjury.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sailesh Kumar Shah (Expert) 20 October 2011
No reasons to differ to opinions of experts. I agree with.

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