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Sandeep Naik (Advocate)     22 November 2011

What is the difference b/w verification & affidavit?

 

What is the difference 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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 1 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 November 2011

Dear Advocate Sandeep Naik,

 

1. It is a repeated query.

 

2. You yourself are a lawyer and would have at your disposal large publications and libraries.

 

3. Lying in court is a crime, be it under verification/ affidavit.

 

4. Advocate would always escape liability by stating that the client mis-represented the facts to him. The words "legally bound by an oath" means a witness only. No advocate is legally bound by an oath or by express provision of law to state the truth. 

 

5. Where the law requires a declaration from a person of verification in a pleading - and if such declaration is made falsely, it will come under the perjury (Or by an express provision of law)

 

Suggested Reading: Nallasivan Pillai Vs Ramalingam Pillai AIR 1919 Mad 398; Mainabai Vs Laxmichand 1958 MPLJ 138.

 

 

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

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