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punishment for false affidavit in civil court


03-Jun-2024 (In Civil Law)
if a person made false affidavit and proved that it is false in civil matter, what is the law for false affidavit punishment? , otherwise what is best way to give them punish.
Answers (5)

Making a false affidavit can attract criminal liability (perjury/false evidence) and contempt of court: under the Bharatiya Nyaya Sanhita (BNS) the giving or fabricating of false evidence is punishable (e.g. s.229: up to 7 years and fine; s.216: false statement on oath up to 3 years; more severe provisions (s.231 etc.) apply if false evidence causes conviction for serious offences) -see the BNS text. [https://www.indiacode.nic.in/handle/123456789/20062'view_type=browse]. For proof and admissibility issues use the Bharatiya Sakshya Adhiniyam (BSA). [https://www.indiacode.nic.in/handle/123456789/20063]. Procedure/powers for criminal complaint and trial are governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS). [https://www.indiacode.nic.in/handle/123456789/20099'view_type=browse]. The usual practical steps are: (1) ask the court where the affidavit was filed to expunge/strike it and to initiate contempt proceedings (Supreme Court has held false affidavits amount to criminal contempt -see Rita Markandey v. Surjit Singh Arora (fine imposed) and Murray & Co. v. Ashok Kr. Newatia (false affidavit = contempt)). [https://www.courtkutchehry.com/judgements/683259/rita-markandey-vs-surjit-singh-arora/] [https://indiankanoon.org/doc/1468121/]. (2) simultaneously lodge a criminal complaint/private complaint under the relevant BNS sections (perjury/false evidence/fabrication) with police or magistrate (Supreme Court has noted practical difficulties but allowed prosecution in perjury matters -see Swaran Singh v. State of Punjab). [https://indiankanoon.org/doc/489802/]. Preserve documentary proof, witness affidavits contradicting the false statements and move for urgent investigative steps.

Answer #1
479 votes

Filing a false affidavit in court is a serious offense with significant legal consequences. It can be treated as perjury or giving false evidence under Sections 191 and 193 of the IPC and may also constitute contempt of court. Legal action can be initiated by filing an application under Section 340 of the CrPC, prompting the court to inquire into the false statement. Depending on the circumstances, penalties can include imprisonment, fines, and damage to credibility or reputation, and both civil and criminal consequences may follow.

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Answer #2
712 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.
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Answer #3
712 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.
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Answer #4
994 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.
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Answer #5
993 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.
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