Consequences of false affidavit

False affidavit is a criminal case National commission pronounced punitive/ exemplary damages against Reliance India Mobile (now Reliance Communication) of Rupees One Lakh and Fifty Thousand (1,50.000) for making false statement under affidavit before the court.

Dear Mr. Rama,

Thanks for your revert.  Please further guide me how can i approach the court to file a case against a person who had given wrong affidavit. Do i have to file a complaint in same court where the person file false affidavit or should approach the concerned Area MM/JFCM.

Please guide its bit urgent!!

hello,

it requires serious action.

PFA

regards-

rahul.gogreen@gmail.com

The problem is that people think that lying in court is an acceptable fact. "He did it also" is the normal excuse. The courts too are lenient and such affidavits have been discussed in open court as if it were the normal thing to do.

A false affidavit is a fraud on the court, no less. Forget perjury, the offence is a direct assualt on the judicial system. Get the facts, make an air tight case and ensure that the court acts on it. An FIR should be filed. It is a criminal offence, even if it is civil matter court. 

Another aspect is that if there is a fraud on the court, the person so perpetrating the fraud will be barred from all legal proceedings in that matter and all collateral matters. In other words, he cannot seek relief. We are acting on such cases in the Hon. High Court of Bombay. One has to come to court with clean hands.

Bapoo M. Malcolm

Dear Mr. Malcolm,

Thanks for your revert, Should i approach the same court (where civil case is file) or a fresh applicaiton will be file in the the court of particular area's MM/JFCM COURT. Please enlighten.

Thanks.

You move to the Court wherein Affidavit has been filed. That court SHALL institute proceedings Under Section 340 Cr.P.C. and shall hold preliminary inquiry. If your averments are found true, that court shall suo moto register a case against the person and refer the proceedings to the court immediate below to that court for hearing to punish that person within meaning of Section 195 I.P.C. & other relevant sections. akseth advocate:::::;aksethadvct@gmail.com

I think Mr. Seth's advice is enough for you to act on. It is perfect.

Another thing. Most people ask questions, get answers and then they are off the radar. We like to be kept informed of the follow-ups. 

Thanks,

Bapoo M. Malcolm

I think Mr. Seth's advice is enough for you to act on. It is perfect.

Another thing. Most people ask questions, get answers and then they are off the radar. We like to be kept informed of the follow-ups. 

Thanks,

Bapoo M. Malcolm

Pleasee see Sections beyond S/195 of The IPC, 1860.

Bapoo M. Malcolm

Sir, 

Pl let me know in arelated case. Is IPC 195 applicable against a person who gave false complaint of forgery. FSL report proved complainant him self signed the alleged forged document (insstead of accused)

Ankit

In this case, the respondent filed the WS in a mat suit with false information about job as she was receiving maintenance in another court. Later it was proved tat respondent was lying & working, much before she filed the WS. The petitioner filed application under section 195 read with section 340. does it have any substance?

Is there any ruling to the effect that such person should be barred from receiving relief from the court.

The doctrine of clean hands kicks in. A false affidavit is perjury, under oath. Punishment can range from fine to imprisonment. (Best Nakery case; Zahira Khan). Orders obtained under false statements have to be set aside. The perjuror docked. Am going to argue just such a case of false witness and averments in a court in 4 hours. There are many judgements on this score, right from Lord Coke, 300 years ago. The Indian Supreme Court citations are best read in 1994 AIR 853 1994 SCC (1)1, bench: His Lordship, Mr. KULDIP SINGH (J),  Meghmala & Ors. Vs Narasinha Reddy & Ors. ,Ram Chandra Singh vs Savitri Devi & Ors, in Appeal nos. 8216 and 8217 of 2003, (AIR ……………………) is produced. This judgment also reconfirms observations of the two other judgements. One has to press the judges to take action; laxity is only helping the lawyers to try such tricks. I have already drawn the attention of a court to such matters by a complaint to the Principal Judge.

Let me know what happens.