If any party files "False Affidavit" or "Forged Document" in any court, can an application be filed to judge?

If any party files "False Affidavit" or "Forged Document" in any court, can an application be filed to judge?

An application to any court where case is pending, can be filed that opposite party has filed "An apparently false Affidavit" or a "Forged Document" and inquiry be made and that party be punished.

Thereafter, that court will make an inquiry.

If Judge finds that really "Apparently false affidavit" or "Forged document" is filed in his court", he can send complaint to Magistrate who will try and punish that party according to law.

What is apparently false affidavit?

A man may have taken loan, but still he can deny it. This does not mean that he has filed false affidavit.

You have not taken money from A, and yet A files suit saying that you have taken money from him. This again is not a false affidavit for this proceeding.

Here, a man was in US, but it has been stated by him that he was in India. This is a apparently false affidavit because, because it can be seen from documents what is truth.

Another example: Court has directed a State to open night shelters for poor.

The secretary files an affidavit that 10 Night Shelters are set up as per the order of court.

Whereas actually only 2 night shelters are set up. This is apparently false affidavit.

Then, apart from a false affidavit, further it is necessary to prove that such false affidavit was made with knowledge that it was false.

What is a Forged Document?

You never signed any agreement of sale of your land. Someone produces a forged sale deed and uses it in court to support his case.

Here, grievance can be made that forged documents is produced, handwriting report may be called for. If document is found forged, court can take action.


The point is, it must be possible to see from documents that an "Apparently false affidavit" or an " Apparently forged document" is filed in any court.

Then upon application made to it, Judge is empowered to inquire and to see that offender is punished by Magistrate who may be empowered to punish such crimes.


Haresh Raichura
16/7/13