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FALSE EVIDENCE

2018-07-17 17:10:24
FALSE EVIDENCE

Part XI in the Indian Penal Code, 1860 manages 'False Evidence and Offenses against Public Justice'. Recording false testimony and prevarication goes under Chapter XI of the IPC.

Circumstance 1:- If the Court hosts guided or requested any party to record an affidavit, at that point documenting a false oath in such a circumstance is culpable according to Section 2(c) of the Contempt of Courts Act, 1971.This is also known as committing ‘criminal contempt’. Punishment for committing contempt of court is imprisonment for a term which may extend to six months.

Situation 2:- If a person voluntarily files a false affidavit, then he/she can be punished under Section 193 of the Indian Penal Code for giving false evidence. Recording false affidavit falls inside the domain of Section 191 of the IPC. Under this circumstance, the punishment for recording a false affidavit is deserving of detainment for a term going from 3 - 7 years.

Honorable Supreme Court of India has held in 

·         Murray & Co. VsAshok KumarNewatia & Ors. [AIR 2000 SC 833that,

“This routine with regards to having a false statement consolidated in an oath documented under the watchful eye of a Court ought to dependably be belittled and thus recorded the same. The way that the deponent has in reality attested a false oath under the watchful eye of this Court is fairly genuine in nature and along these lines rendered himself guilty of contempt of this Court as saw in this previously. This Court in our view, would bomb in its obligations, if the issue is being referred to is not managed in a way appropriate and viable for maintenance of majesty of Courts as otherwise the Law Courts would lose its efficacy to the litigant public. It is in this point of view that we do feel it practical to record that by unimportant offering of unrestricted expression of remorse to this Court would not excuse the contemnor in the contextual facts but having regard to the nature of the act of contempt, we do deem it fit to impose a fine of Rs. 2,500/- each so as to sub-serve the ends of justice against the respondent-contemnors in default of payment of which they (each of them) will suffer simple imprisonment for one month.”

UNDER PENALTY FOR SUBMITTING A FALSE AFFIDAVIT:

Perjury began as a violation of law for affirming dishonestly about material issues in court. As society became more complex, the term was expanded to apply to lying or failing to tell the whole truth in any sworn testimony, whether in court, hearings or written documents called affidavits. Under federal law, it has been held to apply to fabulous juries, family law court, bail hearings, Congressional board of trustee’s hearings, and statements in common lawsuits. Also included are sworn statements made in financial affidavits (such as loan applications) or to governmental agencies such as the Social Security Administration.

In court, a witness swears to tell the truth, the whole truth and nothing but the truth. So also, the individuals who sign affirmations need to swear under punishment of prevarication, that the substance of their testimony is consistent with the best of their insight. Like lying in court, lying about a material issue in a sworn testimony is prevarication, which is a crime.

PENALTY FOR GIVING A FALSE AFFIDAVIT:

Perjury is a crime under federal law as well as state law. Penalties differ among the jurisdictions.

When a person is convicted of committing perjury under federal law, that individual can be sentenced to up to five years in prison. Alternatively or concurrently, he may be sentenced to pay fines.

Each state enacts its own laws punishing perjury. But in all states, it is a felony and carries a possible prison sentence. A convicted perjurer can likewise be requested to pay fines or be put on post trial supervision. The more the prevarication meddled with a court or other authority continuing, the more noteworthy the punishment is probably going to be. In California, a prevarication conviction can bring about two, three or four years in jail, contingent upon the conditions or the results of the prevarication, and in addition the individual's past record. In Texas, a felony conviction of perjury can put you in state prison for a period of two to 10 years plus a fine of up to $10,000.

On the off chance that a man lies under the oath at a criminal proceeding brought against him, the judge can build the sentence for the hidden conviction. The reason for this is a criminal who lies under oath isn't probably going to be rehabilitated rapidly. A man who lies under promise at someone else's criminal trial can likewise be charged as an accomplice to the violation of law.

LANDMARK CASE:

Ashok Kumar Aggarwal vs. Union of India and Ors. on 16th April, 2010

 This is a petition under Section 482 of The Code of Criminal Procedure, 1973 for necessary directions for taking appropriate action against respondent no. 5 under the provisions of Section 340 of the Code of Criminal Procedure, 1973 for making false statement and committing perjury by filing false affidavit.

2. The petitioner had filed a petition before a Division Bench of this Court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 for issuance of a writ, order or direction in the nature of mandamus or any other writ or proper order directing the Union of India through its Secretary, Ministry of Home Affairs (respondent no. 1) and Director, CBI (respondent no. 2) to transfer investigation in cases R.C. No. SI8/E0001/99, dated 29th January, 1999 and SI9/E0006/99, dated 7th December, 1999 from respondents no. 3 to 5 to some other high ranking officials of the agency. In the said petition the petitioners had contended that respondents 3 to 5 were conducting the investigation against him unfairly and improperly and were transgressing all limits to abuse the investigative powers. According to the petitioner the investigation was being done in mala fide manner. The petitioner asserted that it was never his intention that the matter not to be investigated, however, he wanted that it should be handed over to impartial and senior officers of CBI. According to him the present application pertains to RCS SI9/E0006/99 dated 7.12.1999.

 

 

 

 

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