False statement made in declaration which is by law receivable as evidence
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Summary
If a person makes or signs a declaration that a court, a public servant or another authorised person may receive as evidence, and states a fact material to the purpose of that declaration which he knows is false or does not believe to be true, he commits an offence. The offender is punished in the same way as for giving false evidence. The offence is non-cognizable, bailable and tried by the same court that would try a charge of giving false evidence.
Example
Priya files an affidavit to support her claim to a shop and signs a statement about when she bought it that she knows is false. She can be prosecuted and punished in the same way as if she had given false evidence in court.
Bare Act
Enacted textWhoever, in any declaration made or subscribed by him, which declaration any Court or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.
BNSS Classification
- The same as for giving false evidence.
- Non-cognizable
- Bailable
- Triable by Court by which offence of giving false evidence is triable.
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