Punishment against false affidevit Punishment against false affidevit

4 years ago

I want to get examples of some cases in which court has given punishment to the party and his lawyer for filing false affidavit in the court

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
Yes law provides for it. But you must establish the same.
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Mrighankhi Chakraborty

Responded 4 years ago

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A.Hello Client,

Filing false affidavit comes under section 191 of IPC and is punishable u/s 193 of IPC.
however, the Advocate has stated all the facts as according to the facts given by the client so the client is liable here.

Thanks & Regards
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Shreyash Mohta

Responded 4 years ago

A.The lawyer will not be punished because he is representing the client as is acts in accordance to the facts as laid down by the client.
However, the client who has furnished such false affidavit shall be held liable u/s 191 of the IPC and penalized accordingly.
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Parth Kashyap

Responded 4 years ago

A.Filing false affidavit comes under section 191 of IPC and is punishable u/s 193 of IPC.
Filing of false affidavit when the court has asked for an affidavit also draws the offence of contempt of court u/s 2 of contempt of court Act.

Case Law: In the case of Murray & Co. v. Ashok Kr. Newatia, (2000) 2 SCC 367 : AIR 2000 SC 833, the Supreme Court held that a false statement deliberately made in an affidavit before the court amounted to contempt of court.
Likewise, in the case of M.C. Mehta v. Union of India, (2003) 5 SCC 376 : 2003 Cri LJ 2045 : AIR 2003 SC 3469, the Supreme Court held that filing a false statement or false affidavit amounts to contempt of court.
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Hemanth Hari

Responded 4 years ago

A.Sure, will help you.
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