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Legal Quiz Olympiad 2.0 competition on IPC & IPR on 11th July 2021, Register by 8th July 2021 organized by Legal Advisory in collaboration with RR Law Firm

Legal Advisory in collaboration with Rana & Rana Law Firm is pleased to announce Legal Quiz Olympiad 2.0 Competition on Indian Penal Code 1860 & Intellectual Property Rights. ABOUT IPC & IPR: The first draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas Babington Macaulay. The code came into force on January 1st, 1860 after undergoing many revisions and amendments by Barnes Peacock who would go on to serve as the first Chief Justice of the Calcutta High Court. The Indian Penal Code of 1860, sub-divided into 23 chapters, comprises 511 sections . Intellectual Property Right: Intellectual property is the product of the human intellect including creativity concepts, inventions, industrial models, trademarks, songs, literature, symbols, names, brands etc. Intellectual Property Rights do not differ from other property rights. They allow their owner to completely benefit from his/her product which was initially an idea that deve...

The Heavy Cost of Filing False Affidavits before the Court

False Affidavit Consequences
Justice is Not a Game: The Heavy Cost of Filing False Affidavits in Court

In the middle of a stressful court case, stretching the truth in an Affidavit might seem like an easy way to win. However, an Affidavit is a sacred promise to the Judge. Lying on it is a crime against the justice system itself.

As the Supreme Court says, the flow of justice must be kept clean. Those who pollute it with lies face serious trouble that can destroy their case and their freedom.

Real-Life Scenario: A husband in a maintenance case claims he is "unemployed" in his affidavit. Later, the wife proves he earns ₹1 Lakh per month. By lying on paper, he has committed the crime of Perjury.
1. The Crime of Perjury (BNS)

Filing a false affidavit is a criminal offense under the Bharatiya Nyaya Sanhita (BNS). If a Judge finds you lied intentionally, they can start "Perjury Proceedings." This can lead to actual jail time, not just a small fine.

2. Contempt of Court

Hiding facts or using fake documents is called "misleading the court." Judges view this as an insult. They can use "Contempt Power" to penalize you immediately, which often means being taken into custody right from the courtroom.

3. The Power of Section 379 BNSS

If a Judge believes you are playing games with the truth, they can order an inquiry. If the lie is proven, the court itself files a criminal case against you before a Magistrate. This leads to a permanent criminal record.

4. Dismissal and Heavy Costs

The immediate result of a lie is that you lose your case. Judges follow the rule of "clean hands"—if you lie, you don't get justice. Courts often impose heavy fines (Exemplary Costs) for wasting judicial time.

Frequently Asked Questions (FAQs)
Q1. Can I correct an error in my affidavit?

Ans: Yes. If it was a genuine mistake, file a "Supplementary Affidavit" immediately to tell the truth before the court finds out. Admitting a mistake early shows good faith.

Q2. Is hiding a fact the same as telling an outright lie?

Ans: Yes. Suppression of facts to trick the court is treated as seriously as a lie and can lead to perjury or contempt proceedings.

Q3. What is the punishment for Perjury?

Ans: Under the BNS, lying in a judicial proceeding can lead to imprisonment for up to 7 years along with a fine.

Advocate’s Insight: Honesty is the safest strategy. A case built on lies will eventually crumble. Don't risk jail for a temporary win.

Advocate Lokendra Rana
Founder, Rana & Rana Law Firm

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