January,12,2016: Supreme Court rued, the malaise (of filing false affidavits) that is slowly but surely creeping in. This ‘trend’ is certainly an unhealthy one that should be strongly discouraged, well before the filing of false affidavits gets to be treated as a routine and normal affair.
The Apex Court headed by Bench of Justices Madan B. Lokur and R.K. Agrawal while hearing M/s Sciemed Overseas Inc vs. BOC India Limited has upheld the imposition of costs of Rs. 10 Lakhs by Jharkhand High Court on Sciemed Overseas Inc. for filing false and misleading affidavits.
”A global search of cases pertaining to the filing of a false affidavit indicates that the number of such cases that are reported has shown an alarming increase in the last fifteen years as compared to the number of such cases prior to that. This is illustrative of the malaise that is slowly but surely creeping in. This ‘trend’ is certainly an unhealthy one that should be strongly discouraged, well before the filing of false affidavits gets to be treated as a routine and normal affair” Bench observed.
A false affidavit is one in which a person signs it and swears that the statements attested to in the document are true, complete and accurate are true, complete and accurate when the statement are in fact misleading or false.
Section 191 of Indian Penal Code provides –
“Whoever being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence”.
In 2012 as well a man has been sentenced to five years in jail by a Delhi court for “hoodwinking” the Supreme Court by submitting a false affidavit way back in 1998 to save himself from getting evicted from rented premises.
Read Full Text of Judgment-