Sandeep Naik (Advocate) 20 November 2011

What is the diff.b/w affidavit & verification ?

What is the ddifference between Verification and Affidavit ?

Can u make a false statement and signed below it in the Verification ? In Affidavit u r supposed to state the truth but does it mean that in verification u are allowed to make false statement saying that it is a verification ? Can an advocate signed on the verification of the statements of the accused although he is aware of the fact that what evr stated is false ?

The accused have denied that they were not aware of the previous case filed in the JMFC while denying the denying the delay condonation in Criminal Revision case . In fact they have given statements in inquiry u/s 202 of

Cr.P.C. The same advocate for accused has filed V.P. in that case. Still he has denied that he is not aware of the case. Is it a perjury ? Can the case be filed against both Advocate and the accused for making false statement before the court ? or Advocate will be exempted for he has signed on the instructions of his clients?

Advocate Sandeep Naik

Mob: 99670 56980

Email : sandystorm_1995@rediffmail.com

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5 Replies

Sandeep Naik (Advocate) 20 November 2011

let there be a correction

My question is what is the difference between verification and affidavit ?

(Guest)

Same deponent signs the affidavit. Same deponent signs the verification. Which deponent states in Verfication that the affidavit is phony? ASK any judge he'll draw a blank and will give some filmsy reasoning unacceptable to anyone. Its done, so you do it also. Thats the story.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 20 November 2011

Affidavit is sworn, verification is not.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

(Guest)

So verification means nothing if its not sworn. Why verify then. Hun verification is done by a third person who verifies that the affidavit is true and truly sworn. The whole idea is to make affidavits perjury free . In US its always mentione. I Xyzz sear this affidavit ON PAIN OF PERJURY. u r in US, why don't u know all this?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 22 November 2011

Dear Advocate,

The law states

191. Giving false evidence

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 stating that he knows a thing which he does not know.