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Vinod (self)     17 December 2010

Has 'suporting-afidavit' got low value than'chief-afidavit'?

A basic question about law.

 

 

Has the 'supporting-affidavit' along with plaint got different significance/value, in term of law, than those affidavits filed as 'Exam-in-chief afidavits' and 'evidence affidavits'.

 

 

Since 'supporting-affidavit' alongwith plaint  isn't intended for the 'purpose' of evidence...hence even if any party lies on oath in 'supporting-affidavit' ....then still it may not be a big offence in the eyes of law.

 

 

Reason:  'supporting-affidavit'  and its contents hasn't been used as evidence against other party and hence no offense of 'giving false evidence' IPC 191 is committed. And IPC 181 is rarely enforced.

 

 

My real and hidden Question: Is there any need to worry about it? (for a person who has lied under oath about a few things in supporting-affidavit)

 

 

Isn't it necessary that..... there should be a concrete instance/occurance of 'miscarriage of justice' using a false affidavit  .........................................and then only 'crime of false affidavit' becomes relevant/and not merely vide 'supporting affidavit'.



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