Undated nd unsworned Affidavit
498A_HARRASED
(Querist) 28 February 2014
This query is : Resolved
She has filed undated and unsworned affidavit in 125 Crpc case...also suppressed her employment details...
Can you please let me know what will be my best stand in court...
P. Venu
(Expert) 28 February 2014
The document does not qualify to be an affidavit.
Devajyoti Barman
(Expert) 28 February 2014
Yes, then the statements would not be supported by affidavit and hence would not attract charges u/s 340 Crpc.
Rajendra K Goyal
(Expert) 28 February 2014
Agree, document does not qualify as affidavit.
ajay sethi
(Expert) 28 February 2014
to be an affidavit document has to be sworn before a notary public or associate of court .
T. Kalaiselvan, Advocate
(Expert) 01 March 2014
Unsworn/unaffirmed document does not qualifies to be an affidavit, it loses its credibility.
P. Venu
(Expert) 02 March 2014
Technicalities apart, the so called affidavits are never sworn in our country. The Oath Officers and Notaries appears to be shy of administering oath.
For us truth is a question of document than of fact.
498A_HARRASED
(Querist) 02 March 2014
Thanks very much for all the experts herein ...
I took certified copies of that waste paper i.e., affidavit...
But how would i take it to the judge in first hearing for 125 crpc...
Can i write it to Judge that as affidavit is undated/unsworned so does not qualify as affidavit and also she suppressed previous employment and wealth details?
Please suggest...
P. Venu
(Expert) 03 March 2014
You (if you are party-in-person) or your advocate can bring the defect to the notice of the Court. In all probability, the registry could already have taken note of the matter.
Anirudh
(Expert) 03 March 2014
The Querist would have got an 'advance copy' wherein the need for signature / date on the affidavit are not necessary.
HOWEVER, in the original that is filed before the Court, the Affidavit would not only have been dated but also signed and notorised by the Oath Commissioner.
498A_HARRASED
(Querist) 03 March 2014
Thanks for the replies...
Anirudh Sir...
The Original affidavit filed before the court itself is undated/unsworned and also no affirmation...
Also in certified copy which i got that also undated/unsworned and also no affirmation in it...
R.K Nanda
(Expert) 03 March 2014
agree with experts.
