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Affidavit under CPC: Order 19
In this article, we will discuss, what is an affidavit?, meaning, provisions about affidavits, essentials, contents, important points of the affidavits and consequences of filing of false affidavits, etc. and form of the affidavit.
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.”
The essentials attributes of an affidavit are following:
a) It must be a declaration made by a person,
b) It must relate to facts and not inferences from the same,
c) It must be in the first person,
d) It must be in writing, and
e) It must be a sworn statement made or affirmed before a Magistrate or any other authorized officer.
Contents of the affidavit:-
An affidavit should be confined to such facts as the deponent is able to prove to his personal knowledge except on interlocutory applications on which statements of his belief may be admitted. (R. 3)
Format of Affidavit:-
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Important points about Affidavits:-
I. A Court may order that any fact may be proved by affidavit. Ordinarily, a fact has to be proved by oral evidence.
II. The definition of the affidavit is not defined under S. 3 of the Evidence Act. It can be used as evidence only if, for sufficient reason, the court invokes the provisions of Order 19 of the code.
III. Rule 1 is a sort exception to this rule and empowers the court to make an order that any particular fact may be proved by affidavit, subject, however, to the right of the opposite party to have the deponent produced for cross-examination.
IV. An affidavit should be confined to such facts as the deponent is able to prove to his personal knowledge except on interlocutory applications on which statements of his belief may be admitted. (R. 3)
V. Unless affidavits are properly verified and are in conformity with the rules, they will be rejected by the court. But, instead of rejecting an affidavit, a court may give an opportunity to a party to file a proper affidavit.
VI. Ordinarily interlocutory applications such as interim injunctions, the appointment of the receiver, etc, can be decided on the basis of an affidavit.
Consequences of Filling A false 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.
Section 193 of the IPC (Indian Penal Code) provides the punishment for false evidence:-
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.
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