CAN HIGH COURT TAKE ANY ACTION ON A FALSE AFFIDAVIT?

A sworn written statement confirmed by an oath or affirmation, which is made voluntarily by a deponent administered by a person who is authorized by the law, is called an affidavit. For example, a person in his affidavit, knowingly states that he is not aware of the whereabouts of a certain person on a particular date while he is completely aware of the same, is an example of a fake affidavit. To better understand the consequences for such an action, it is advised to seek legal guidance from the best Lawyers In Gurgaon. 

The facts and statements mentioned in the affidavit, the deponent shall have complete knowledge of them as these statements shall be binding on him. A false affidavit is similar to a false statement. As provided under Rule 3 of the Order 19 of the Civil Procedure Code, 1908, an affidavit shall contain only those facts of which the deponent is aware of and he can prove it. There could be grave consequences of providing false statements. Thus, before filing an affidavit in the court, it is advised to seek legal opinion of a High Court Lawyers In Mumbai.

Following actions could be taken in case a person files false affidavit in the court-

As per Section 2(c) of the Contempt of Court Act, 1971, if a party has been ordered by the Court to file an affidavit, submitting a false affidavit would be counted as criminal contempt of court. Punishment for such an act could be for a term extending up to a period of 6 months.

In case a person voluntarily files a false affidavit, then such an act shall be punishable under Section 191, 193, 195 and 199 of the Indian Penal Code. For such an act, the deponent could be punished by imprisonment for a period from 3 to 7 years.

In case a false affidavit has been filed in a quasi-judicial proceeding, then in such a case a private complaint could be filed before the competent Magistrate, under Section 200 of the Indian Penal Code, 1860

Legal provisions provided under the Law-

·        Section 191- False evidence-

A person, who has been bound by an oath or by an express provision of the law to state truth or is bound by the law to make a declaration related to a matter, makes a statement which is false, and he is aware of the statement being false, or believes such statement to be invalid, the said statement shall be called as false evidence.

·        Section 193- Punishment for false evidence-

Intentionally giving false evidence during the judicial proceedings, or fabricating false evidence used at any stage of a legal proceeding, shall be punished with an imprisonment for a term extending up to a period of 7 years and fine.

Landmark Cases-

In the case of Murray Company v Ashok Kumar Newatia & Ors., the Supreme Court held that the practice of submitting false evidence before the Court shall be deprecated. The defendant as has knowingly submitted a false affidavit before the court is guilty of contempt of court.

Similarly in the case of Baban Singh and Anr v Jagdish Singh & Ors., the Apex Court held that falsely swearing in the court when you are bound by oath to state the truth as an affidavit is a declaration made under oath. Thus, the definition of the offense of providing false evidence shall be applied to the affidavits.

Conclusion-

Hence, it could be inferred that an affidavit is an important document and thus, submitting a false affidavit shall be counted as contempt of the court and thus, shall have to face proceedings for the same. It is thus advised to seek legal assistance from an experienced High Court Lawyers In Lucknow who can provide you with advice related to the same. Lead India offers you a legal team having years long experience in dealing with cases to be filed in the High Courts, for any legal advice for the same, you may contact us.

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