Consequences of false affidavit


Dear Experts,

What are the consequences of filing false affidavit in a criminal court. A person had given a false affidavit in the criminal court that he sold out his land and incurred a loan of 10lac rupee to other person but post investigation facts cleared that land was never sold out and still registered in the name of a person who claimed to sold it out and given a false affidavt.

Regards,

Moin

 
Reply   
 
Lawyer in Hyderabad.Email:ramachary64@gmail.com

False affidavit is a criminal case National commission pronounced punitive/ exemplary damages against Reliance India Mobile (now Reliance Communication) of Rupees One Lakh and Fifty Thousand (1,50.000) for making false statement under affidavit before the court.

 
Reply   
 



Dear Mr. Rama,

Thanks for your revert.  Please further guide me how can i approach the court to file a case against a person who had given wrong affidavit. Do i have to file a complaint in same court where the person file false affidavit or should approach the concerned Area MM/JFCM.

Please guide its bit urgent!!

 
Reply   
 
Legal Enthusiast

hello,

it requires serious action.

PFA

 

regards-

rahul.gogreen@gmail.com



Attached File : 133060859 false affidavit require serious action.pdf downloaded 484 times
 
Reply   
 
Advocate Bombay High Court I 7809

The problem is that people think that lying in court is an acceptable fact. "He did it also" is the normal excuse. The courts too are lenient and such affidavits have been discussed in open court as if it were the normal thing to do.

A false affidavit is a fraud on the court, no less. Forget perjury, the offence is a direct assualt on the judicial system. Get the facts, make an air tight case and ensure that the court acts on it. An FIR should be filed. It is a criminal offence, even if it is civil matter court. 

Another aspect is that if there is a fraud on the court, the person so perpetrating the fraud will be barred from all legal proceedings in that matter and all collateral matters. In other words, he cannot seek relief. We are acting on such cases in the Hon. High Court of Bombay. One has to come to court with clean hands.

Bapoo M. Malcolm

 
Reply   
 

Dear Mr. Malcolm,

 

Thanks for your revert, Should i approach the same court (where civil case is file) or a fresh applicaiton will be file in the the court of particular area's MM/JFCM COURT. Please enlighten.

Thanks.

 
Reply   
 
ADVOCATE--LEGAL ADVISOR

You move to the Court wherein Affidavit has been filed. That court SHALL institute proceedings Under Section 340 Cr.P.C. and shall hold preliminary inquiry. If your averments are found true, that court shall suo moto register a case against the person and refer the proceedings to the court immediate below to that court for hearing to punish that person within meaning of Section 195 I.P.C. & other relevant sections. akseth advocate:::::;aksethadvct@gmail.com

 
Reply   
 
Advocate Bombay High Court I 7809

I think Mr. Seth's advice is enough for you to act on. It is perfect.

Another thing. Most people ask questions, get answers and then they are off the radar. We like to be kept informed of the follow-ups. 

Thanks,

Bapoo M. Malcolm

 
Reply   
 
Advocate Bombay High Court I 7809

I think Mr. Seth's advice is enough for you to act on. It is perfect.

Another thing. Most people ask questions, get answers and then they are off the radar. We like to be kept informed of the follow-ups. 

Thanks,

Bapoo M. Malcolm

 
Reply   
 
Advocate Bombay High Court I 7809

Pleasee see Sections beyond S/195 of The IPC, 1860.

Bapoo M. Malcolm

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu