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umapathi.s (Advocate)     21 September 2008

Filing a False Affidavit in the High Court . What action can be initiated ? and how?

sir, I had filed a case against the bank Management for enquiry by the Central Vgilance Comission. the bank Management has filled a statment of objection and also a false Affidavit which are absolutely false as per bank's own documents obtained by me under the RTI, I have submitted these to the High Court in the form of Rejoinders to the Statement of Objection. Now whether I can appraise the High court of the false statment and false Affadivit of the bank respondebts in the same petition or should I file a new contempt petition. since I have read in some case law that making false Affadivt amount to criminal contempt of the court. but how to initiate the same . kindly help me with any case law for reference. REGARDS. 


 8 Replies

N.K.Assumi (Advocate)     21 September 2008

False statements in affidavit attract criminal liability, provided the requisite mental element is proved. The main penal provisions in this regard are contained in sections 191,193 and 199 of the Indian penal code.

SANJAY DIXIT (Advocate)     21 September 2008

Yes, you have read correctly.
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.

Rajesh Kumar (Advocate)     21 September 2008

The alleged act is a Criminal Act, punishable under Various Sections of IPC, for which u can file a application to the Court under Section 340 Cr.P.C.

Apart from this, the alleged act is also a contempt of court (negligence in filing affidavit is sufficient mens rea for Contempt of Court), for which u can file a Contempt Petition.

N.K.Assumi (Advocate)     21 September 2008

Now, the second query I would like to address is, whether the contemner can be proceeded simultaneously both under the contempt of court act as well as the Indian Penal Code or only in one forum?

prof s c pratihar (medical practitioner &legal studies)     22 September 2008

if he is a public officer 219IPC also attracted.order passed by civil court is actionable in criminal court .contempt of court act 1971 is between the court and the contemnor.forums are different to my knowledge,however i may bewrong.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 September 2008

Punishment for filing false affidavit:- Filling false affidavit is an offence under the Indian Oaths Act, 1873 and also under Indian Penal Code. section 191 of the Indian Penal Code, 1860 provides that 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, ad which he either knows or believes to be false or does not believe to be true, is said to give false evidence.

umapathi.s (Advocate)     26 September 2008

thank u sir for your advice and suggestion. 

Kapil Chawla (MD)     13 July 2012

What if a false affidavit is filed with MCD ? What remedies are available in case false affidavit is filed with a government department?

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