What Are The High Court’s Decisions On False Affidavit?

Affidavits can also be considered a type of court testimony that is in written form. If it turns out that the promise was false, the maker will be held accountable. Affidavits are commonly used in court when a witness is unable to appear in person. 

This person further certifies that the contents of the proclamation are true and accurate and that no information has been left out or misrepresented. They also confirm the accuracy of the material. Affidavits are an essential part of court proceedings because they provide a written account of the incident's facts, which can aid judges in making decisions. They are also helpful for maintaining records.

Anyone can create affidavits. To make an affidavit, one must, however, meet a certain pre-requisite, such as being of legal age and fully understanding the nature of the components. An affidavit must be made before a court, magistrate, or one of the other officers indicated above, who must attest that the affidavit was made before them.

Each exhibit stated in the affidavit must then be marked for identification before one of the individuals mentioned above enters the date and signs the certificate. The full signature of the verifying authority is required, and extra care must be taken to make sure that his precise identification as a Civil Court or Magistrate is annexed.

Every affidavit must bear the deponent's marked and confirmed signature at the bottom in addition to the court's, the magistrate's, or another official's official seal. Each part of the affidavit must be signed by the deponent and initialled by the attesting officer. On one of the forms that are annexed to this document, the deponent must either sign or annotate the verification.

Affidavits submitted to any court or official are not subject to the Indian Evidence Act. Under the Indian Evidence Act of 1872, an affidavit is not considered evidence. A fact may be established by affidavit regardless of the provisions in the Indian Evidence Act if it is permitted to do so by the C.P.C., Cr.PC, or any other law. The Lawyers In Gurgaon can help file an affidavit if any legal matters demand such production.

Punishment For Filing False Affidavits:

Anyone who intentionally generates false testimony with the intent to utilise it at any stage of a judicial procedure, or who knowingly gives false testimony at any stage of a legal proceeding, will be penalised with both a fine and a term of imprisonment of either kind that cannot exceed seven years.  When dishonest affidavits or other false documentation are provided in any quasi-judicial or administrative action, a private complaint may be filed under Section 200 of the IPC before the relevant magistrate. The High Court Lawyers In Mumbai are prompt in dealing with criminal matters.

High Court Judgments on False Affidavits:

In the case of Pradhyumanbhia Raval v. Jail Superintendent, the accused's father, Pradhyumanbhai Bhagvandas Raval, affirmed the plea for temporary bail under oath. A death certificate that was allegedly produced by the Ahmedabad Municipal Corporation has also been attached to the application. In these circumstances, it was requested that the knowledgeable Assistant Public Prosecutor looks in Payalben's passing.

A lady named Payalben was not found, according to the investigation. In actuality, the application for interim bail has produced a completely fictitious and unfounded defence. The convict's father appeared to be prima facie guilty of both the crime of forgery and the crime of perjury. Thus, the Gujarat High Court ordered appropriate legal proceedings.

In the case of Chandra Shekhar Kargeti v. State of Uttarakhand & another, the case's facts stated that Geeta Ram Nautiyal, Secretary of the Uttarakhand Scheduled Caste and Scheduled Tribes Commission, had received some unfavourable remarks posted on Facebook. Advocate Chandra Shekhar Kargeti labelled Nautiyal a corrupt official in his Facebook comments. A practicing attorney was penalised with costs of Rs. 2 Lakhs by a High Court bench led by Justice Lok Pal Singh for filing false affidavits in an effort to have criminal charges brought against him dismissed.

A Public Interest Litigation was filed by petitioner Renjith Thomas who claimed in his argument that in the affidavit submitted with his candidacy papers, Chandrasekhar had not disclosed all of his financial holdings. The Delhi High Court rejected the PIL that asked it to order the Election Commission (EC) to look into allegations that Rajeev Chandrasekhar, a Rajya Sabha member for the BJP from Karnataka, submitted a fraudulent affidavit along with his nomination papers.

It can be observed from the various judgments passed by several High Courts in India that the offence of producing a false affidavit has been treated like an offence of serious regard. The offenders who have filed a false affidavit have been charged with the offence of perjury. The High Court Lawyers In Lucknow who have several years of litigation experience can defend the cases in these matters.

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