Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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child admission in school

Querist : Anonymous (Querist) 24 January 2011 This query is : Resolved 
if a parent submit a fake affidavit in child school for his admission in class 8th many year ago who is guiltey that child or parent
SANJAY GUPTA (Expert) 24 January 2011
ofcource the father of the child done the wrong as the child at that time was a minor and the affidavit filed by the father.
Parveen Kr. Aggarwal (Expert) 24 January 2011
The person filing a false affidavit alone is liable. His ward being a child of tender age and having not filed any false affidavit cannot be held liable.
Advocate. Arunagiri (Expert) 24 January 2011
If the father give false affidavit regarding the age or caste, this will adversely affect the child in the future. But, the father can not be punished. Because if any false affidavit given before the judicial authority only, is punishable.
Parveen Kr. Aggarwal (Expert) 25 January 2011
Mr. Arunagiri,

What are you saying? A false affidavit filed before authorities other than court is not punishable. Kindly go through the provision contained in sections 181, 199 200 of the Indian Penal Code, 1860.

Section 181. False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation:- Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorized by law to administer such oath or affirmation, makes, to such public servant or other person as aforesaid, touching the subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

Section 199. False statement made in declaration which is by law receivable as evidence:- Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.

Section 200. Using as true such declaration knowing it to be false:-
Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

Explanation-A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 to 200.

Advocate. Arunagiri (Expert) 25 January 2011
Dear Mr.Praveen,

Please see that 199 and 200 are clearly saying proceedings before the Courts. read 195 1B of Cr.p.c.

IPC 181 also states about proceedings before the public authority, who is authorized to take the statement on oath.

I dont think that the affidavit given to the school will come under any of these 3 sections.
Parveen Kr. Aggarwal (Expert) 25 January 2011
Mr. Arunagiri,

The statements made in an affidavit are always in the presence of officer authorised by law to administer oath or affirmation. So before furnishing an affidavit to school, it is got attested by an officer authorised by law to administer oath. The case of any false affidavit is squarely covered in the aforesaid provisions.


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