FALSE AFFIDAVIT

v.k.gupta (Querist) 21 February 2010 This query is : Resolved
Dear Seniors,
Kindly let me know if any person gives false affidavit i.e. the false contents in his affidavit,before any of the Court then what are the remedies to the other party as per law ?

OR

Kindly suggest what action we should take against that person and in which court?

V.K.Gupta

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Guest (Expert) 21 February 2010
Section 191 of Indian Penal Code provides
"Whoever being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence".

For example,
1. A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not.
2. The petitioner who has made false statement on oath is also liable for the prosecution.
3. The making of a false affidavit is giving false evidence within this section. The making of a false affidavit would be an offence irrespective of the fact that it was not necessary for the deponent who had made the affidavit to make it.

Ingredients of this section:
The accused was bound legally by an oath or by an express provision of law to state the truth or make a declaration upon any subject.
He made such a statement or declaration.
He made it intentionally.
He knew or believed it to be false or did not believe it to be true.
It must be made in a judicial proceeding at any stage.

This section defines what amounts to giving of false evidence. In order to attract this section, it is sufficient if the person making the statement makes it advisedly, knowing it to be false, and with the intention of deceiving the Court, and of letting it be supposed that what he states, is true. The above-mentioned ingredients must be satisfied.

If a person is not bound by an express provision of law to state the truth he cannot be charged with making a false statement.
The offence is a bailable offence and is triable by a Magistrate of First Class.

Punishment: section 193 ipc
Imprisonment for 7 years and fine.

but......

195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

(1) No court shall take cognizance-

(a)

(i) If any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or

(ii) Of any abetment of, attempt to commit, such offence, or

(iii) Of any criminal conspiracy to commit, such offence,

Except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate;

(b)

(i) Of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court, or

(ii) Of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any court, or

(iii) Of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that court, or of some other court to which that court is subordinate.

Hon'ble Apex court in the case of.....

baban singh vs jagdish singh
AIR 1967 SC 68

HELD ...where a false affidavit is sworn by a witness in a proceding before a court the offence would fall under section 193 IPC.

but according to the restriction imposed by section 195 crpc... the cognizance only be taken on the complaint in writing of that court, or of some other court to which that court is subordinate.

Arvind Singh Chauhan (Expert) 21 February 2010
At first you should file counter affidavit, and should pray to order for verification of alleged affidavit. After verification if it is found false you can proceed as Ajitabh Sir has suggested.