KNK A Learner (Learning to share) 22 May 2011

False affidavit to Court, Is it a Contempt of Court or Not

A false affidavit or petition filing in the court to get some benefit, is it a contempt of court or not? If yes, please provide some SC judgments

Thanks in advance

Reply Follow

11 Replies

abhishek (law ) 22 May 2011

go through section 195 of INDIAN PENAL CODE AND ALSO READ SECTION 340 OF CRIMINAL PROCEDURE CODE

2 Like

nidhi sharma ( student) 22 May 2011

perjury is a serious offence and if found guilty person can be incarcerated or fined under state or federal laws

1 Like

DR.SANAT KUMAR DASH (Eye Specialist) 23 May 2011

It is a Contempt of Court.

anil verma (registeronlyfree) (medical representative-terminated) 23 May 2011

Pl give more details regarding false affidavit to High Court too.

also suggest the punishment under the Law.

Hirdayanath M Kamble (Service) 24 May 2011

Prejury is the word for giving false information or affdavit to court, if proved it can lead to serious implication, it is not to be related as contempt of court.

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 29 May 2011

False affidavit is perjury. Telling flasshood on oath in a court of law. Contempt of court is different.

(Guest)

If this is a Judicial Proceedings, This is amounting to contempt..

N.K.Assumi (Advocate) 08 December 2011

It is nobody's business to mislead the Court. Appropriate action should be taken against such acts of perjury.

Akhilesh Dahiya (lawyer) 20 January 2012

It is not perjury in all cases. for more details. see the DelhiHC judgment in:

BSES Rajdhani Power Ltd. Vs. Shiv Lal.

Direct download link is:

https://delhicourts.nic.in/Oct08/BSES%20Rajdhani%20Power%20Ltd.%20Vs.%20Shiv%20Lal.pdf

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 21 January 2012

The Delhi High Court decision is stating the obvious. This is how valuable time of courts is wasted in this country.

Any affidavit filed before a court or any other authority like the Income-tax Department contains“verification” in the end. The verification would say that “the above are facts to the best of the person’s knowledge and belief. Thus every affidavit is protected against inadvertent falsehoods. This is not a big discovery.