punishment for false affidavit in civil court

556 votes

It is a criminal offence u/s 191,193,195,199 of IPC, 1860 to make false affidavit in one’s pleadings or filing false affidavit or false document in evidence before court of law.

Criminal proceeding may be initiated against guilty person by making an application u/s 340 Read with section 195 of CrPC 1973 before the criminal or civil court for giving false evidence.

When false affidavit or false documents were given in any quasi judicial or administrative proceedings, then a private complaint can be filed u/s 200 before competent magistrate.

If any tribunal declared as court in the statue then application be filed in accordance with 340 r/w 195 of CrPC 1973.

Advocate Kartikeya Paneri LawRato

629 votes

Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine,
And whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

LawRato LawRato

723 votes

First of all read this section..of IPC..195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.—Whoever gives or fabricates false evidence intend­ing thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which 1[by the law for the time being in force in 2[India]] is not capital, but punishable with 3[imprisonment for life], or impris­onment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be pun­ished. Illustration A gives false evidence before a Court of Justice, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is 3[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to 3[imprisonment for life] or imprison­ment, with or without fine.
U have to file an application u/s. 340..of Cr.P.C.

Advocate Nilesh Vekaria LawRato

980 votes

Yes he can be charged for perjury.
The courts can...if found that he had filed false affidavit knowingly ...punish him with a sentence running upto 7 years.
Since the court itself is the aggreived party no separate proceedings are necessary.

Advocate Srushti Thula LawRato