Law applicable to false affidavit india

Law Applicable to false Affidavit India

An affidavit is a written statement which the people making the statement solemnly promise is true. The solemn promise must be in the presence of a witness who is authorized by law to receive that promise that the affidavit must be signed by both the person making the statement and the witness each in other presence. A person who makes promise is called an oath and secular alternative to an oath is called affirmation. The person who is signing the affidavit is called the affiant.

A false affidavit is one in which a person signs it and swears that the statements attested to in the document are true, complete and accurate are true, complete and accurate when the statement are in fact misleading or false.

Section 191 of Indian Penal Code provides :- Whoever, being legally bound by an oath or by an  express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.

Explanation 1.–A statement is within the meaning of this section, whether it is made verbally or otherwise.

Explanation 2.–A  false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by slating that he knows a thing which he does not know.

There was a liability in case of false affidavit. Depending upon what damages their false statement produces, they can also be taken to civil court and sued for the losses they caused another to incur. A false affidavit is a fraud on the court, no less. Forget perjury, the offence is a direct assault on the judicial system get the facts make an air tight case and ensure that the court acts on it. A part from a false affidavit, further it is necessary to prove that such false affidavit was made with knowledge that it was false.

A person who files an affidavit has to show that she swore an oath before an officer of court or other Person. For e.g. If a plaintiff files a false affidavit even he knows that he was under oath when signing the affidavit. Then it is the responsibility of plaintiff to prove that statement contained in affidavit is true as per knowledge.

Offences of perjury:-  when a person makes a false statement/false declaration in his pleading or files a false affidavit  before the court of law or knowingly gives a false evidence to the court.

It is a criminal offence u/s 191,193,195,199 of IPC, 1860 to make false affidavit in one’s pleadings or filing false affidavit or false document in evidence before court of law.

Criminal proceeding may be initiated against guilty person by making an application u/s 340 Read with section 195 of CrPC 1973 before the criminal or civil court for giving false evidence.

When false affidavit or false documents were given in any quasi judicial or administrative proceedings, then a private complaint can be filed u/s 200 before competent magistrate.

If any tribunal declared as court in the statue then application be filed in accordance with 340 r/w 195 of CrPC 1973.

Where courts are viewed acts of making false evidence as criminal contempt of court. Contempt proceeding may be initiated alleging criminal contempt of court. Advocate general precedent for initiating criminal contempt proceedings. Hon’ble court requested to take suo moto cognizance of said act of perjury. High courts have inherent powers to take judicial notice of acts of prima facie and may proceed to take action against the guilty person.

Laws applicable in case of giving false affidavit:-

Section 191(IPC):- Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.

Explanation 1.–A statement is within the meaning of this section, whether it is made verbally or otherwise.

Explanation 2.–A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by slating that he knows a thing which he does not know.

Section 193 Punishment for false evidence (IPC):- Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either descriptttion for a term which may extend to seven years, and shall also be liable to fine, and whoever intentionally gives or fabricates false evidence in any other case , shall be punished with imprisonment of either descriptttion for a term which may extend to three years, and shall also be liable to fine.

Explanation 1.–A trial  before a Court-martial; is a judicial proceeding.

Explanation 2.–An investigation directed by law preliminary to a proceeding before a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.

Explanation 3.–An investigation directed by a Court of justice according to law, and conducted under the authority of a Court of Justice, is a stage of a judicial proceeding, though that investigation may not take place before a Court of Justice.

Section 200(IPC) :- Using as true such declaration knowing it to be false: – Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall he punished in the same manner as if he gave false evidence.

Explanation:-A declaration which is inadmissible merely upon the  ground of some informality, is a declaration within the meaning of sections 199 to 200.

Section 195(CRPC):- Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence –

(1) No Court shall take cognizance—

(a) (i) of any offence punishable under sections 172 to 188 (both inclusive)of the Indian

Penal Code (45 of 1860), or

(ii) of any abetment of, attempt to commit, such offence, or

(iii) of any criminal conspiracy to commit, such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;

(b) (i) of any offence punishable under any of the following section of the Indian Penal

Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or

(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court, or

(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate

(2) Where a complaint has been made by a public servant under clause (a) of sub-section (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint: Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded

(3) In clause (b) of sub-section (1), the term “Court” means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, provincial or State Act if declared by that Act to be a Court for the purposes of this section (4) For the purposes of clause (b) of sub-section (1), a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from appealable decrees or sentences of such former Court, or in the case of a civil Court from whose decrees no appeal ordinarily lies, to the principal Court having ordinary original civil jurisdiction within whose local jurisdiction such Civil Court is situate: Provided that—

(a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate;

(b) where appeals lie to a civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed 340. Procedure in cases mentioned in section 195.

(1) When upon an application made to it in this behalf or otherwise any Court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,—

(a) record a finding to that effect;

(b) make a complaint thereof in writing;

(c) send it to a Magistrate of the first class having jurisdiction;

(d) take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do send the accused in custody to such Magistrate; and

(e) bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 195.

(3) A complaint made under this section shall be signed,—

(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;

(b) in any other case, by the presiding officer of the Court.

(4) In this section, “Court” has the same meaning as in section 195.