Forgery case MIL for mis-representation of fact/false sign on affidav

972 votes

If your evidence and forensic report show that your father-in-law signed the affidavit in the name of your mother-in-law and filed it in court, it may amount to forgery and filing a false document before the court. You can file an application before the same court seeking action against them under the relevant provisions relating to offences committed in judicial proceedings. The court may order an inquiry and initiate prosecution if it finds a prima facie case. The forensic report and evidence of collusion will be important to support your case.

Advocate Nikhil Karwal LawRato

627 votes

If the affidavit filed before the appellate court bears a forged signature and you have a credible forensic report indicating that the deponent did not sign it, the issue is much more serious than a mere procedural irregularity. Filing a false affidavit or forged document before a court can attract proceedings relating to giving false evidence, fabricating evidence, forgery, and using a forged document in judicial proceedings. However, a private criminal complaint is not always maintainable directly because offences relating to documents produced before a court are generally governed by Section 340 CrPC (now corresponding provisions under the BNSS), read with Section 195 CrPC. The proper course is usually to move an application before the very court where the forged affidavit has been filed, requesting the court to conduct a preliminary inquiry and initiate prosecution against the persons responsible for the forgery and false evidence. If you have already placed the forensic report and supporting material on record, you may consider filing a detailed application seeking: A finding regarding the genuineness of the affidavit and signature; Initiation of proceedings under Section 340 CrPC (or the corresponding BNSS provision); Action for offences of forgery, fabrication of evidence, perjury, and using forged documents before the court; and Appropriate costs and other consequential directions. The success of such proceedings will depend upon whether the court is satisfied that a prima facie case exists and that prosecution is expedient in the interests of justice. It would be advisable to consult a local advocate with the forensic report, disputed affidavit, and court records to determine the most effective procedural remedy in the particular facts of the case. This is a general legal opinion based on the facts stated and should not be treated as specific legal advice.

Advocate Prasanna Mohan LawRato

825 votes

An affidavit is a personal, sworn statement. If someone else signs your name on your behalf, the document becomes legally invalid. The person who signed it can be prosecuted for forgery, and could face perjury charges for a false declaration. An affidavit must be signed by the actual deponent (the person making the statement) before an Oath Commissioner or Notary Public. False verification or swearing in an affidavit carries penalties, including imprisonment

Advocate Samriddhi Tripathi LawRato

679 votes

Yes, immediately file an application under Section 340 CrPC in the court where the forged affidavit was submitted. This provision specifically addresses perjury and forged evidence. Relying on your forensic report, the court can initiate direct criminal proceedings against them for misleading it.

Advocate Pankaj Bajaj LawRato

730 votes

Yes you can very well file a case of forgery before the appropriate police station first for registration of FIR and if police doesnt do it then we can file it in court for registration of FIR subject to all the documents are in place for your support

Advocate Alankrit Bhatnagar  LawRato