punishment for false affidavit in civil court
03-Jun-2024 (In Civil Law)
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.
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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