Affidavits- The Costliest Signature of Litigation
Affidavits are among the most misunderstood documents in litigation and corporate filings. They are often signed casually—without realizing that an affidavit is not procedural paperwork but legal testimony in writing.
As defined by the Oxford Advanced Learner’s Dictionary: An affidavit is “a written statement that you swear is true and that can be used as evidence in court.”
Once you sign an affidavit, you step into the shoes of a witness. And witnesses are held accountable.
The Law Governing Affidavits in India:
The statutory framework for affidavits is not informal. It is embedded in law. The Code of Civil Procedure, 1908 governs affidavits through:
Section 139 – Who can administer an affidavit-
Order XIX – Affidavits as evidence-
Only legally authorized persons (notary, magistrate, oath commissioner) can attest affidavits.
Particularly important is Order XIX Rule 3 CPC, which states that affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove.
This single rule destroys the common myth that: “I signed it because my lawyer told me” or “I only followed instructions.”
Courts do not accept excuses. They look only at who signed and what was sworn.
The Power of Attorney Trap:
A Power of Attorney authorizes action. It does not authorize false testimony.
A PoA holder may conduct litigation or may represent the principal in other matters as authorized but when it comes to affidavits, a PoA holder may swear only to facts personally known to him/her. Anything beyond that is perjury.
A common real-world pattern: A PoA holder signs affidavits based on instructions. Facts later turn out to be false. The principal distances himself. The PoA holder faces:
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investigation;
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prosecution; and
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criminal consequences.
The signature becomes the noose.
False Affidavits = Criminal Offence:
Section 191 IPC – False evidence
A deponent is legally bound to state only the truth. If a person:
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knowingly states false facts, or
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swears something without believing it to be true,
he commits the offence of false evidence.
Section 193 IPC – Punishment includes: imprisonment up to 7 years; fine.
False Affidavits = Contempt of Court:
Courts treat fabricated affidavits as an assault on justice.
Judicial principle: Misleading the court by false statements amounts to criminal contempt.
Orders Based on False Affidavits Are Void:
Even a signed court order collapses if it is based on: suppression, misrepresentation, or false affidavit.
Supreme Court on Fraud: Fraud vitiates everything. Orders obtained by fraud:
can be recalled;
challenged anytime; and
treated as nullity.
Finality does not protect fraud.
The Rule Courts Will Never Forgive You For Breaking: Never swear what you cannot prove. Never sign what you did not verify. Never file what you cannot defend.
What Must Compliance Teams Do?
1. Affidavit Verification Protocol: (i) Fact check; (ii) Record verification; and (iii) Internal sign-off.
2. Signatory Governance: Limit authority to trained officers.
3. Audit Trail: Maintain: (i) Draft history; (ii) Approval note; and (iii) Source document.
4. Risk Register Entry: Treat affidavits as high-risk compliance instruments.
Affidavits remind us how vital accurate paperwork is in legal matters. Knowing what documents do I need for bankruptcy filing in Georgia helps ensure filings are complete, truthful, and fully compliant.
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