ROHIT (Nil) 04 April 2021

What criminal sections can be imposed on false affidavit

A civil suit was registered by one of the 3 cousin brothers having a ancestral property and a status quo order imposed since 1999..till date ...In 2006 I left barielly and didnt attend any court proceedings ...during the period from 2006 to 2020 My brothers died After that their legal heirs just to grab my share of the property which is in crores gave an affidavit in court that i am dead when i came to know of it my lawyers started attending the case again

can the learned advocate team guide me that can i file a criminal case against them in the court of law for giving false affidavit in court and what all sections can i put in it against them ? thank you

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Quick Summary

This discussion explores the criminal implications of submitting a false affidavit in court. It explains that making a false statement in an affidavit constitutes perjury, punishable under Section 193 of the Indian Penal Code (IPC). Additionally, such actions can be considered contempt of court. The advice given suggests filing a petition under Section 340 of the Cr.P.C. to initiate criminal proceedings against those who filed the false affidavit.

2 Replies

Real Soul.... (LEGAL) 04 April 2021

Of course, making a false statement in an affidavit before a court amounts to an offence of perjury, which may be punished under Section 193 of the IPC or under other relevant sections. At the same time, deliberately making a false statement in an affidavit before a court may also amount to contempt of court.

Advocate Bhartesh goyal (advocate) 04 April 2021

Yes, LRs of your deceased brother have committed an offence u/sec 193 of IPC by filing false affidavit in civil suit.File petition u/sec 340 of Cr.P.C. in same court and request court to take cognizance of above offence and initiate criminal proceedings against LRs of your deceased brother.