Have You Filed a Wrong Affidavit? Here Are Some Common Legal Remedies

Courts are places of truth and justice, and parties must avoid making false statements or misrepresenting facts to gain an advantage. Filing a false affidavit and secreting material facts pose risks and costs to the court. Understanding the legal consequences is crucial for maintaining the fairness and usability of legal procedures.

Definition of a false affidavit

An affidavit is a signed, written statement confirmed by oath or affirmation given voluntarily by a deponent and administered or notarised by a person authorized by law to do so. In his affidavit, Mr. X intentionally asserts that he is unaware of Mr. Y’s movements on a specific date, even though he is fully aware of the same. It is a type of fake affidavit. A deponent must be fully aware of the facts and statements contained in the affidavit because it is personally binding on him/her. Affidavits are sworn declarations intended to give facts or information pertinent to a case that are used as evidence in legal procedures. Filing a false affidavit is a significant offence, as Rule 3 of Order 19 of the Code of Civil Procedure, 1908 stipulates that an affidavit shall be limited to only those facts of which the deponent is aware and can substantiate. False remarks have serious consequences. 

Consequences of Filing a False Affidavit

Filing a false affidavit and making false statements in an affidavit can have serious legal consequences, as affidavits are sworn statements or declarations that are used as evidence in legal proceedings. The following effects can be expected in general, albeit the severity of the penalties varies based on the jurisdiction and the specific circumstances:

• Perjury Charges: Filing a false affidavit is considered perjury, a criminal offence. The defendant is frequently not guilty of perjury if the plaintiff did not depend heavily on the affidavit and the false affidavit is withdrawn before it is found. Perjury is a criminal offence and can result in both imprisonment and fines. 
• Legal Consequences: Section 193 of the IPC, 1860, defines “Whoever intentionally gives false evidence to be used in a judicial proceeding shall be punished with imprisonment for a term not exceeding seven years and shall also be liable for payment of fine.”
• Credibility Damage: The reputation of the affiant can be damaged. The credibility of the person providing the false statements could be harmed by filing a fraudulent affidavit. Other legal cases, interpersonal relationships, and professional settings might all suffer as a result of this.
• Contempt of Court: The court might begin contempt of court proceedings against the party who filed the incorrect affidavit on purpose to deceive the court or influence the proceedings. Contempt cases may be brought to protect the justice system’s honor and integrity. Filing a false affidavit can be seen as contempt of court, as it undermines the integrity of the legal process. This could result in both, fines or imprisonment.
• Impact on Legal Proceedings: Giving false affidavits can lead to legal proceedings being delayed, dismissed, or even reversed if the false information significantly influences the outcome of the case.
• Legal Costs: If the false affidavit leads to lengthy court processes or extra investigations to unearth the truth, the person responsible for the false assertions may be obliged to pay for all parties’ legal fees.
• Loss of Rights: Depending on the false statements and nature of the case, the person stating false statements in an affidavit could mislay certain legal rights or privileges, such as the right to testify or present evidence in future cases.
• Moral and Ethical Repercussions: Filing a false affidavit can lead to moral and ethical consequences in accumulation to legal ramifications. 

Legal Remedies for Filing a False Affidavit

Filing an affidavit in court is a formal oath to declare the truth, making it a pillar of justice in judicial procedures. However, presenting a false affidavit sets off a chain reaction of harsh consequences with far-reaching implications. A false affidavit has substantial repercussions, ranging from legal action to reputational harm. Here’s a closer look at the options:

• Criminal Perjury Charges: A Legal Quagmire: Criminal perjury accusations create a difficult legal labyrinth because they entail the intentional act of delivering false facts under oath, undermining the judicial system’s credibility. The defendant is frequently not guilty of perjury if the plaintiff did not depend heavily on the affidavit and the false affidavit is withdrawn before it is found. Allegations of perjury can also complicate current proceedings and put a drain on judicial resources. Balancing the pursuit of justice with the protection of persons from false allegations is a constant struggle for legal authorities, making perjury trials a complex and convoluted field of law.

• Contempt of Court: When Truth is Non-Negotiable

The court might begin contempt of court proceedings against the party who filed the incorrect affidavit on purpose to deceive the court or influence the proceedings. Contempt cases may be brought to protect the justice system’s honor and integrity. Filing a false affidavit can be contempt of court, as it undermines the integrity of the legal process. This might lead to both, fines or imprisonment.

• Civil Liability: Paying the Price for Deception
  • Complaint Against False Affidavit: The party or parties harmed by a false affidavit can file a complaint, initiating a civil action for damages caused.
  • Financial Compensation: Courts may award financial compensation to the affected party as reparation for harm suffered due to the false affidavit.
  • Legal Accountability: The falsifying party could be held financially responsible for the losses and costs incurred by the opposing side.
• Revisiting Decisions: The Ripple Effect of False Affidavits
  • Questioning Verdicts: A false affidavit can call into question judicial rulings based on inaccurate information.
  • Review and Reconsideration: To correct miscarriages of justice, courts may review and even reverse decisions affected by fraudulent affidavits.
  • Impact on Parties: The parties involved may have to endure extended legal proceedings due to the need to rectify errors caused by false information.
• Attorney Consequences: Ethical and Professional Ramifications

 Attorneys assisting in filing false affidavits could face disciplinary actions for breaching ethical responsibilities. Lawyers who knowingly support fraudulent affidavits may face consequences, including disbarment. Participation in instances using fraudulent affidavits can harm an attorney’s professional image.

Conclusion

If a party files a fraudulent affidavit, the legal system provides remedies to deal with the problem. These remedies include potential perjury charges, which, depending on the jurisdiction, can result in penalties or imprisonment. The harmed party may seek reimbursement for the losses caused by the false affidavit, and courts may take actions such as holding the person in contempt or imposing legal fees. Finally, the judicial system strives to maintain the credibility of affidavits as evidence and punish those who abuse them for their action.