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Affidavit Under CPC Order 19 and Format
Affidavit Under CPC Order 19 and Format
Introduction:-
Order 19 deals with the affidavits. An affidavit is a sworn statement
of the facts by a person who is familiar with the facts and circumstances have taken
place. The person who makes it and signs it is known as Deponent. In the affidavit,
the contents are true and correct to the knowledge of the person who signed it and
he has nothing concealed material therefrom.
It is duly attested by the Notary or Oath commissioner appointed by the
court of law. The duty of the notary and oath commissioner is to ensure that the
signature of the deponent is not forged. The affidavit must be paragraphed and
numbered as per the provision of the code.
Meaning of affidavit:-
Though the expression “affidavit” has not been defined in
the code, it has been commonly understood to mean “a sworn statement in writing
made especially under oath or on affirmation before an authorized officer or
Magistrate.”
Format of Affidavit:-
Filling of a false affidavit before the court of law is an offence under Sections.
191, 193, 195, 199 of IPC (Indian Penal Code), 1860. It is a grave and serious matter
and lenient view is not warranted. Where such an affidavit is filed by an officer of
the government very strict action should be taken. Further, criminal contempt of
court proceedings can be initiated against the person filing a false affidavit.
Any person who intentionally gives false evidence at any stage of a judicial
proceeding, or fabricates false evidence for the purpose of being used in any stage
of a judicial proceeding, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also, be liable to fine, and
whoever intentionally gives or fabricates false evidence in any other case shall be
punished with imprisonment of either description for a term which may extend to
three years, and shall also be liable to fine.