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false affidivit

Querist : Anonymous (Querist) 05 August 2011 This query is : Resolved 
Is submitting false affidivit to court is offence?

If yes, under which IPC, i will file case against them?

r both punishable in this? (who has somebody forced to do so & who has done).

What is min & max punishment for the same?

thanks in advance for your reply.
A V Vishal (Expert) 05 August 2011
Filing False Affadivt in any court amounts to criminal act. You may file a complaint U/s 340 Cr.P.C. before the same court in which false affidavit is filed.
Querist : Anonymous (Querist) 05 August 2011
Dear Sir,

the false affadvit was submitted in family court by my husband & his friends to show notice/summons is not taken by respondant.

So where i can file petition against false affadvit against my husband & his friends?
In same court or at my current resident place.
kuldeep kumar (Expert) 05 August 2011
u can file complaint in same court or in appellate court..appellate court will be high court in this case in my opinion
Querist : Anonymous (Querist) 05 August 2011
states are different, he is in Andra pradesh & i m in Maharastra,
Also note that, affadvit made in maharastra & submited in family court andra pradesh.
then can i file fraud case against him in maharastra?
kuldeep kumar (Expert) 05 August 2011
where affidavit is submitted that state high court should deal with it in my opinion
M/s. Y-not legal services (Expert) 05 August 2011
Why you have to go to high court.. By proving that affidavit is false, you can won your case know.. If any agony or defame by that false affidavit mean you can proceed further.
Raj Kumar Makkad (Expert) 05 August 2011
If affidavit has been filed in Family court in Andhra Padesh then you shall have to file petition under section 340 in the same court only against the person who filed this affidavit and not any other person forcing him to file such affidavit.
Querist : Anonymous (Querist) 06 August 2011
so, can i file fraud case in family court, Andra pradesh?
Advocate. Arunagiri (Expert) 06 August 2011
340 cr.p.c. petitions can be filed in the same court where the false affidavit is filed.
Ajay Bansal (Expert) 06 August 2011
Agreed with Arunagiri etc.
Querist : Anonymous (Querist) 06 August 2011
Thanks a lot to all experts.
Advocate Rajkumarlaxman (Expert) 07 August 2011
even the court suo-motto can do the same if that has been pointed out to court and the matter is claer enough to undfertsand that there is a false affidavit.
Querist : Anonymous (Querist) 08 August 2011
one of Witeness is ready to give another affadivit to us, stating he is not aware the truth of case & he has given false affadivit on his friends request.

is it usful for us or not?
Querist : Anonymous (Querist) 08 August 2011
Please reply..............


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