Filing of a false affidavit in a criminal court amounts to giving of false evidence in a judicial proceeding, which is punishable under Section 193 of the Indian Penal Code (IPC). Since you have referred to a criminal court, let me point out that if such false evidence was given with the intention of procuring conviction in a criminal case, then depending on the nature of the case in which conviction was sought to be procured through such false evidence, offences under Section 194 or Section 195 of IPC may also be committed, which carry more punishment. In any case, filing a false affidavit in a judicial proceeding will amount to an offence at least under Section 193 of IPC, which is punishable with imprisonment up to 7 years and also with fine.
Section 195 of the Criminal Procedure Code lays down that in respect of these offences (i.e., under Sections 193, 194, 195 of IPC), cognizance cannot be taken EXCEPT on the complaint in writing of that Court (in which court such false evidence was given) or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate.
And, such court has to follow the procedure laid down in Section 340 of the Cr.P.C. to make a complaint of such false evidence, as is mentioned in Section 195 of Cr.P.C.
Therefore, the procedure in brief is like this:
- You should make an application before the court where this false affidavit was filed, along with relevant evidence.
- Such court may conduct a preliminary enquiry, if necessary, as provided under Section 340 Cr.P.C.
- Record a finding to that effect, i.e., about the false evidence given to such court.
- Make a complaint thereof in writing;
- Send such complaint to the Judicial Magistrate of the first class having jurisdiction.
- Take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate.
- Bind over any person to appear and give evidence before such Magistrate.
- On receipt of such complaint, the Judicial Magistrate will conduct the trial in accordance with law, under the relevant provisions such as under Section 193, 194, 195, of IPC, etc., as the case may be.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
.
